Md. Code, Family Law § 5-530 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-530
§5–530.
Status: in_force

(a) The Department may contribute to the support of a child formerly under foster care after the child is adopted.

(b) The support may include payment for:

(1) maintenance costs;

(2) medical, dental, and surgical expenses;

(3) psychiatric and psychological expenses; and

(4) any other cost necessary for the child’s care and well-being.

(c) The amount and duration of the support may vary according to the needs of the child and the income of the adoptive parents.
Md. Code, State Finance and Procurement § 5A-350 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-350
§5A–350.
Status: in_force

This part applies to a museum in the State that:

(1) is organized on a nonprofit basis for essentially educational or preservation purposes;

(2) cares for tangible inanimate objects that the museum owns or uses;

(3) exhibits those objects to the public on a regular schedule; and

(4) interprets the State’s cultural heritage, history, natural history, or history of science and technology.
Md. Code, Criminal Law § 5-502 — MD Code / Article gcr / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

An authorized provider may not dispense methadone, directly or by prescription, unless:

(1) the authorized provider is associated with a controlled drug therapy program authorized by the Department; or

(2) an emergency or medical situation exists under regulations that the Department adopts in cooperation with the Medical and Chirurgical Faculty of Maryland.
Md. Code, General Provisions § 5-201 — MD Code / Article ggp / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

There is a State Ethics Commission.
Md. Code, Natural Resources § 5-1606 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1606
§5–1606.
Status: in_force

§5–1606. IN EFFECT

(a) (1) For the following land use categories, tracts having less than 20% of the net tract area in forest cover shall be afforested up to 20% of the net tract area:

(i) Agriculture and resource areas; and

(ii) Medium density residential areas.

(2) For the following land use categories, tracts having less than 15% of the net tract area in forest cover shall be afforested up to 15% of the net tract area:

(i) Institutional development areas;

(ii) High density residential areas;

(iii) Mixed use and planned unit development areas; and

(iv) Commercial and industrial use areas.

(3) Afforestation requirements must conform to the conditions in §§ 5–1607 and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if afforestation on–site or off–site cannot be reasonably accomplished.

(4) (i) The afforestation requirements under this subsection shall be accomplished within 1 year or 2 growing seasons after the completion of the development project.

(ii) If afforestation cannot be reasonably accomplished on–site or off–site, the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this subtitle shall be met within 90 days after the completion of the development project.

(5) Linear projects that involve no change in land use may not be subject to afforestation requirements.

(6) Solar photovoltaic facilities may not be subject to afforestation requirements under this subtitle.

(b) There is a forest conservation threshold established for all land use categories as provided in subsection (c) of this section. The forest conservation threshold means the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre planted for every 1 acre removed to a ratio of 2 acres planted for every 1 acre removed.

(c) After every reasonable effort to minimize the cutting or clearing of trees and other woody plants is exhausted in the development of a subdivision plan and grading and sediment control activities and implementation of the forest conservation plan, the forest conservation plan shall provide for reforestation, or payment into the Forest Conservation Fund, according to the formula set forth in subsection (b) of this section and consistent with the following forest conservation thresholds for the applicable land use category:

(1) Agricultural and resource areas: 50% of net tract area;

(2) Medium density residential areas: 25% of net tract area;

(3) Institutional development areas: 20% of net tract area;

(4) High density residential areas: 20% of net tract area;

(5) Mixed use and planned unit development areas: 15% of net tract area; and

(6) Commercial and industrial use areas: 15% of net tract area.

(d) (1) Subject to the provisions of paragraph (2) of this subsection, for all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area above the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of 1/4 acre planted for every 1 acre removed.

(2) Each acre of forest retained on the net tract area above the applicable forest conservation threshold shall be credited against the total number of acres required to be reforested under paragraph (1) of this subsection.

(e) For all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area below the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of 2 acres planted for every 1 acre removed.

(f) (1) The reforestation requirements under this section shall be accomplished within 1 year or 2 growing seasons after completion of the development project.

(2) If reforestation cannot be reasonably accomplished on–site or off–site, the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this subtitle shall be met within 90 days after completion of the development project.

(g) A unit of local government with planning and zoning authority may adopt forest conservation thresholds and afforestation and reforestation requirements as part of its local forest conservation program that are more stringent than the forest conservation thresholds and afforestation and reforestation requirements in this section.

§5–1606. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 **

(a) (1) For the following land use categories, tracts having less than 20% of the net tract area in forest cover shall be afforested up to 20% of the net tract area:

(i) Agriculture and resource areas; and

(ii) Medium density residential areas.

(2) For the following land use categories, tracts having less than 15% of the net tract area in forest cover shall be afforested up to 15% of the net tract area:

(i) Institutional development areas;

(ii) High density residential areas;

(iii) Mixed use and planned unit development areas; and

(iv) Commercial and industrial use areas.

(3) Afforestation requirements must conform to the conditions in §§ 5–1607 and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if afforestation on–site or off–site cannot be reasonably accomplished.

(4) (i) The afforestation requirements under this subsection shall be accomplished within 1 year or 2 growing seasons after the completion of the development project.

(ii) If afforestation cannot be reasonably accomplished on–site or off–site, the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this subtitle shall be met within 90 days after the completion of the development project.

(5) Linear projects that involve no change in land use may not be subject to afforestation requirements.

(6) Solar photovoltaic facilities may not be subject to afforestation requirements under this subtitle.

(b) (1) Subject to § 5–1606.1 of this subtitle:

(i) Except as provided in item (ii) of this paragraph, for all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area, the area of forest removed shall be reforested at a ratio of 1 acre planted for every 1 acre removed; and

(ii) For all existing forest cover located in a priority funding area designated under § 5–7B–03 of the State Finance and Procurement Article, and not identified as a priority for retention as described in § 5–1607(c) of this subtitle, measured to the nearest 1/10 acre cleared on the net tract area, the area of forest removed shall be reforested at a ratio of 1/2 acre planted for every 1 acre removed.

(2) Upon meeting the reforestation and afforestation requirements in this section, all unforested riparian buffers on site shall be afforested and reforested, unless the applicant demonstrates to the Department or the local authority that afforestation in the riparian buffer:

(i) Would be in conflict with allowable uses as established for the riparian buffer;

(ii) Is located on park property and conflicts with the mission and established stewardship practices of the park; or

(iii) Is not suitable for the establishment and retention of the required planting materials, in which case substitute environmental protection measures must be implemented.

(c) (1) The reforestation requirements under this section shall be accomplished within 1 year or 2 growing seasons after completion of the development project.

(2) If reforestation cannot be reasonably accomplished on–site or off–site, the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this subtitle shall be met within 90 days after completion of the development project.

(d) Except as provided in subsection (a)(6) of this section, a unit of local government with planning and zoning authority may adopt forest conservation thresholds and afforestation and reforestation requirements as part of its local forest conservation program that are more stringent than the forest conservation thresholds and afforestation and reforestation requirements in this section.
Md. Code, Labor and Employment § 5-217 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-217
§5–217.
Status: in_force

(a) In this section, “trade secret” means a device, formula, pattern or compilation of information that:

(1) is used in the business of an employer;

(2) gives the employer an opportunity to obtain an advantage over a competitor; and

(3) is known only to the employer and any employee to whom the employer needs to confide the information.

(b) Except as provided in subsections (c) and (d) of this section, information that contains or might reveal a trade secret and is obtained by the Commissioner or an authorized representative of the Commissioner in connection with an inspection or proceeding under this title is confidential.

(c) The Commissioner may disclose information that contains or might reveal a trade secret to staff who are assigned to carry out this title.

(d) In a proceeding under this title, the Commissioner may disclose information that contains or might reveal a trade secret and is relevant if, before disclosure:

(1) the court that is conducting the proceeding passes an order that is appropriate to protect the confidentiality of the trade secret; or

(2) in a proceeding before the Commissioner or authorized representative of the Commissioner, the Commissioner or representative does so.
Md. Code, Human Services § 5-5B-01 — MD Code / Article ghu / Title 5 / Subtitle 5B / Section 5-5B-01
§5–5B–01.
Status: in_force

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

(b) “Applicant” means an individual who applies for assistance under this subtitle.

(c) “Assistance” means cash payments made to a recipient.

(d) “Eligibility period” means the period of time an individual is eligible for assistance under this subtitle.

(e) “Impairment” means a medically verified mental or physical condition that renders an individual unable to work at any occupation.

(f) “Program” means the Temporary Disability Assistance Program.

(g) “Recipient” means an individual who receives, or has received, assistance under this subtitle.
Md. Code, Public Safety § 5-204.1 — MD Code / Article gps / Title 5 / Subtitle 2 / Section 5-204.1
§5–204.
Status: reserved

§5–204.1.

(a) This section does not apply to:

(1) a sale, rental, or transfer:

(i) involving a licensee or a federally licensed gun manufacturer, dealer, or importer;

(ii) between immediate family members;

(iii) involving law enforcement personnel of any unit of the federal government, a member of the armed forces, a member of the National Guard, or law enforcement personnel of the State or any local agency in the State, while acting in the scope of official duty;

(iv) of a curio or relic firearm between collectors who each have in their possession a valid collector of curios and relics license, as the terms are defined in federal law or determinations published by the Bureau of Alcohol, Tobacco, Firearms, and Explosives;

(v) of an unserviceable rifle or shotgun sold, rented, or transferred as a curio or museum piece;

(vi) of a rifle or shotgun modified to render it permanently inoperative; or

(vii) in which the purchaser, lessee, or transferee:

1. has a demonstrable religious belief against taking a portrait photograph; and

2. does not possess a license or an identification card of any kind with photographic identification; or

(2) a transfer that occurs by operation of law on the death of a person for whom the transferee is an executor, an administrator, a trustee, or a personal representative of an estate or a trust created in a will.

(b) A person who is not a licensee may not complete a sale, rental, or transfer of a rifle or shotgun other than a regulated firearm, as a purchaser, lessee, or transferee or seller, lessor, or transferor, unless the person is in compliance with this section.

(c) (1) Before a sale, rental, or transfer is conducted, the seller, lessor, or transferor and purchaser, lessee, or transferee shall both request that a licensee facilitate the sale, rental, or transfer.

(2) (i) A licensee who agrees to facilitate a sale, rental, or transfer under this section shall process the sale, rental, or transfer as though transferring the rifle or shotgun from the licensee’s own inventory to the purchaser, lessee, or transferee.

(ii) The licensee shall conduct a background check on the purchaser, lessee, or transferee through the NICS Index and comply with all federal and State law that would apply to the sale, rental, or transfer, including all inventory and record–keeping requirements.

(3) The seller, lessor, or transferor may:

(i) deliver the rifle or shotgun to a licensee; or

(ii) without appearing in person before the licensee, allow another person, to whom the transferor is authorized to transfer the rifle or shotgun, to deliver the rifle or shotgun to the licensee.

(d) (1) The licensee or the seller, lessor, or transferor may not complete the sale, rental, or transfer to the purchaser, lessee, or transferee if the results of the background check indicate that the purchaser, lessee, or transferee may not possess the rifle or shotgun.

(2) Unless the seller, lessor, or transferor delivered the rifle or shotgun in accordance with subsection (c)(3)(ii) of this section or otherwise left the rifle or shotgun in the exclusive possession of the licensee, if the results of the background check indicate that the purchaser, lessee, or transferee may not possess the rifle or shotgun, the seller, lessor, or transferor may remove the rifle or shotgun from the premises of the licensee or a gun show.

(e) A licensee may charge a reasonable fee for facilitating a sale, rental, or transfer under this section.

(f) (1) Except as provided in paragraph (2) of this subsection, 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 $10,000 or both.

(2) A person who provides false information while conducting a transaction under this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

(g) A licensee who processes a sale, rental, or transfer under this section may not be held civilly liable for personal injury or property damage resulting from the malfunctioning of a rifle or shotgun if the licensee did not modify or alter the rifle or shotgun.
Md. Code, Labor and Employment § 5-603 — MD Code / Article gle / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, whenever an employer has an employee working in a manhole, the employer shall have another employee available in the immediate vicinity of the manhole to give emergency help.

(2) The employee who is available to give emergency help may enter the manhole to give other help.

(b) For a brief period, a qualified employee who is working alone may enter a manhole where cables or equipment are in service to:

(1) perform an inspection;

(2) perform housekeeping;

(3) take readings; or

(4) do other work if it can be performed safely.
Md. Code, Family Law § 5-4A-02 — MD Code / Article gfl / Title 5 / Subtitle 4A / Section 5-4A-02
§5–4A–02.
Status: in_force

(a) The General Assembly finds that:

(1) locating adoptive families for children who are eligible to receive State assistance and assuring the protection of the interests of the children affected during the entire assistance period requires special measures when the adoptive parents move to other states or are residents of another state; and

(2) providing medical and other necessary services for children, with State assistance, is more difficult when the services are provided in other states.

(b) The purposes of this subtitle are to:

(1) authorize the Administration to enter into interstate agreements with agencies of other states for the protection of children on whose behalf adoption assistance is being provided; and

(2) provide procedures for interstate adoption assistance payments, including medical payments.
Md. Code, Corporations and Associations § 5-5A-02 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-02
§5–5A–02.
Status: in_force

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

(b) (1) “Consumer cooperative” or “cooperative” means a corporation converted or organized under this subtitle, which operates or intends to operate on a cooperative basis for the mutual benefit of its members, subscribers, and patrons and conforms to this subtitle.

(2) “Consumer cooperative” does not include credit unions.

(c) “Cooperative basis” as applied to any entity or corporation referred to in this subtitle means:

(1) Except as otherwise provided in the case of a federated cooperative in § 5–5A–20 of this subtitle, that each member has only 1 vote and that proxy voting is prohibited;

(2) That the annual return on stock or membership capital does not exceed the allowable amount specified in the articles of incorporation or bylaws of the cooperative;

(3) That the net savings of the entity must be distributed in accordance with § 5–5A–22 of this subtitle;

(4) That membership in the entity must be available on a voluntary basis and be open to all persons who can make use of its services and are willing to accept the responsibilities of membership; and

(5) That the entity is engaged in providing goods or services for the primary and mutual benefit of the membership.

(d) “Delegate” means a representative of the members elected either from the membership at large or from specific geographic districts or groups of members as defined in the bylaws.

(e) “Federated cooperative” means a cooperative which is primarily owned and controlled by, and provides goods or services to entities operating on a cooperative basis.

(f) “Foreign cooperative” means an entity operating on a cooperative basis which is organized or incorporated under the laws of a state other than Maryland.

(g) “Member” means a person or household who has been qualified and accepted for membership in a cooperative according to its bylaws.

(h) “Membership capital” means a member’s capital contribution to the cooperative to secure the benefits of membership in the cooperative.

(i) “Net savings” means a cooperative’s total income minus the cost of operation, including reserves.

(j) “Person” means a natural person or any incorporated or unincorporated entity.

(k) “Savings return” means any payment or allocation made by the cooperative out of net savings which is computed on the basis of the patron’s business with the cooperative and refunded in accordance with § 5–5A–22 of this subtitle.

(l) “Subscriber” means any person or entity eligible for membership and legally obligated to purchase a share or shares of, or membership in, the cooperative in accordance with its bylaws.
Md. Code, Tax - Property § 5-103 — MD Code / Article gtp / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

The person responsible for issuing building permits shall immediately after issuing a building permit submit a copy of the building permit and the estimated cost of construction to the supervisor of the county where the building is located.
Md. Code, Family Law § 5-3A-08 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-08
§5–3A–08.
Status: in_force

(a) (1) A prospective adoptive parent and parent of a prospective adoptee under this subtitle may enter into a written agreement to allow contact, after the adoption, between:

(i) the parent or other relative of the adoptee; and

(ii) the adoptee or adoptive parent.

(2) An adoptive parent and former parent of an adoptee under this subtitle may enter into a written agreement to allow contact between:

(i) a relative or former parent of the adoptee; and

(ii) the adoptee or adoptive parent.

(b) An agreement made under this section applies to contact with an adoptee only while the adoptee is a minor.

(c) An individual who prepares an agreement described in subsection (a)(1) of this section:

(1) shall provide a copy to each party in a case pending as to the prospective adoptee under this subtitle; and

(2) if the agreement so provides, shall redact identifying information from all copies.

(d) Failure to comply with a condition of an agreement made under this section is not a ground for revoking consent to, or setting aside an order for, adoption or guardianship.

(e) If a dispute as to an agreement made under this section arises, a court may order the parties to engage in mediation to try to resolve the dispute.

(f) (1) A court shall enforce a written agreement made in accordance with this section unless enforcement is not in the adoptee’s best interests.

(2) If a party moves to modify a written agreement made in accordance with this section and satisfies the court that modification is justified because an exceptional circumstance has arisen and the court finds modification to be in an adoptee’s best interests, the court may modify the agreement.
Md. Code, State Finance and Procurement § 5A-330 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-330
§5A–330.
Status: in_force

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

(2) “AAHP Grant Fund” means the African American Heritage Preservation Grant Fund of the Trust.

(3) “African American Heritage Grant” means a grant made under the Program for an African American Heritage Preservation Project or that is an African American Heritage Preservation Noncapital Grant.

(4) “African American Heritage Preservation Noncapital Grant” means a grant awarded under this section for the purpose of preserving or sharing African American history or culture in the State.

(5) “African American Heritage Preservation Project” means a capital project that:

(i) preserves buildings, communities, and sites of historical and cultural importance to the African American experience in the State; and

(ii) is for:

1. the acquisition of land or buildings; or

2. the construction or improvement of land or buildings.

(6) “Commission” means the Commission on African American History and Culture.

(7) “Construction or improvement” means planning, design, engineering, alteration, construction, reconstruction, enlargement, expansion, extension, improvement, replacement, rehabilitation, renovation, upgrading, repair, or capital equipping.

(8) “Program” means the African American Heritage Preservation Program.

(9) “Secretary” means the Secretary of Planning.

(b) (1) There is an African American Heritage Preservation Program in the Trust.

(2) The purpose of the Program is to identify and preserve buildings, communities, and sites of historical and cultural importance to the African American experience in the State.

(3) The Trust shall develop and administer the Program in partnership with the Commission.

(c) (1) There is an African American Heritage Preservation Grant Fund in the Trust.

(2) The Trust shall administer the AAHP Grant Fund.

(3) The AAHP Grant Fund may be used only for African American Heritage Grants.

(4) (i) The AAHP Grant Fund is a special, nonlapsing fund that is not subject to reversion under § 7–302 of this article.

(ii) The State Treasurer shall hold the AAHP Grant Fund separately and the Comptroller shall account for the AAHP Grant Fund.

(5) The AAHP Grant Fund consists of:

(i) money appropriated in the State budget to the Program;

(ii) investment earnings of the AAHP Grant Fund;

(iii) grants and donations to the AAHP Grant Fund;

(iv) any other money from any other source accepted for the benefit of the AAHP Grant Fund; and

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

(6) For each fiscal year, the Governor shall include in the annual operating or capital budget an appropriation of $5,000,000 to the AAHP Grant Fund.

(7) (i) The State Treasurer shall invest the money of the AAHP Grant Fund in the same manner as other State money.

(ii) Any investment earnings of the AAHP Grant Fund shall be paid into the AAHP Grant Fund.

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

(d) (1) On or before a date established annually by the Trust and the Commission and subject to availability of money in the AAHP Grant Fund, an individual or a business entity, nonprofit organization, or political subdivision may submit an application for an African American Heritage Grant to the Trust.

(2) An application shall include:

(i) a description of the scope and purpose of the project;

(ii) a building plan that includes the estimated total cost of the project; and

(iii) any other information required by the Trust and the Commission.

(e) An African American Heritage Grant to a business entity, an individual, or a political subdivision may not exceed $500,000.

(f) (1) The Trust and the Commission shall:

(i) review all grant applications submitted in accordance with subsection (d) of this section;

(ii) except as provided under subsection (g) of this section, consider a grant application competitively against all other grant applications submitted during the same fiscal year; and

(iii) make recommendations regarding each application to the Secretary for the award of African American Heritage Grants.

(2) In making recommendations under this subsection, the Trust and the Commission shall consider:

(i) the public necessity and urgency of a project;

(ii) the need for additional sources of funding for a project;

(iii) the estimated cost and timeliness of executing a project;

(iv) geographic diversity; and

(v) any other criteria determined by the Trust and the Commission to be relevant.

(g) (1) Subject to the requirements of subsection (h)(2) and (3) of this section, in any fiscal year, the Secretary may reserve up to 20% of the money available in the AAHP Grant Fund to award African American Heritage Grants to eligible emergency African American Heritage Preservation Projects not otherwise applied for in accordance with subsection (d) of this section.

(2) The application for an emergency grant shall include any information required by the Trust.

(3) The Trust and the Commission shall:

(i) review all applications for emergency grants; and

(ii) for each application for an emergency grant, make recommendations to the Secretary on whether to award the grant.

(h) (1) The Secretary shall:

(i) review each grant application submitted under subsection (d) or (g) of this section and the recommendations of the Trust and the Commission;

(ii) consider:

1. the applications and recommendations under the criteria set forth in subsection (f)(2) of this section; and

2. if the grant was submitted under subsection (g) of this section, the nature of the emergency; and

(iii) subject to paragraphs (2) and (3) of this subsection, make the final decision to award the grant or deny the application.

(2) Subject to paragraph (3)(ii) of this subsection, the Secretary may award a grant under the Program funded by money received under subsection (c)(5)(i), (ii), (iv), or (v) of this section only for an African American Heritage Preservation Project.

(3) (i) The Secretary may award a grant funded by money received under subsection (c)(5)(iii) of this section as an African American Heritage Preservation Noncapital Grant.

(ii) If, after the award of all eligible grants under subparagraph (i) of this paragraph have been made, there is additional money in the AAHP Grant Fund received under subsection (c)(5)(iii) of this section, the Secretary may award a grant funded by money received under subsection (c)(5)(iii) of this section for an African American Heritage Preservation Project.

(i) On or before December 31 of each year, the Trust and the Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on the financial status and the activities of the Program and the AAHP Grant Fund for the prior fiscal year.

(j) (1) Except as provided in paragraph (3) of this subsection, the Trust shall require a grantee awarded an African American Heritage Grant to enter into an agreement to preserve and maintain the property for which the grant was awarded.

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

(3) The Director may waive the agreement or easement requirement if the Director determines that an agreement or easement is impracticable, infeasible, or not necessary under the circumstances.

(k) (1) Subject to paragraph (2) of this subsection, the Secretary, in consultation with the Commission, shall adopt regulations to implement the Program.

(2) A proposed regulation that relates to approval by the Board of Public Works of grants to be financed through the sale of State general obligation bonds may not be adopted under paragraph (1) of this subsection unless the regulation is approved by the Board of Public Works.

(l) To the extent required by regulations adopted under subsection (k) of this section, the Trust and the Commission shall submit to the Board of Public Works for the Board’s approval each African American Heritage Grant that is to be financed through the sale of State general obligation bonds.
Md. Code, State Personnel and Pensions § 5-101 — MD Code / Article gsp / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

The head of each principal unit shall notify the employees in the unit of the location, at the work site, of a copy of:

(1) this Division I of this article; and

(2) all applicable personnel policies, guidelines, and regulations.
Md. Code, Correctional Services § 5-301 — MD Code / Article gcs / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

(a) There is a Pretrial Release Services Program in the Division.

(b) Subject to the authority of the Commissioner and in addition to any other duties established by law, the Pretrial Release Services Program shall perform the pretrial release duties formerly performed by the Pretrial Release Services Division of the Department of Public Safety and Correctional Services, the Pretrial Release Committee, and the Division of Parole and Probation.
Md. Code, Family Law § 5-7A-04 — MD Code / Article gfl / Title 5 / Subtitle 7A / Section 5-7A-04
§5–7A–04.
Status: in_force

(a) The Council shall meet not less than once every 3 months.

(b) Members of the Council shall serve without compensation, but may be reimbursed for reasonable expenses incurred in the performance of their duties in accordance with the Standard State Travel Regulations and as provided in the State budget.

(c) The Council may employ a staff in accordance with the State budget.
Md. Code, Real Property § 5-101 — MD Code / Article grp / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

Every corporeal estate, leasehold or freehold, or incorporeal interest in land created by parol and not in writing and signed by the party creating it, or his agent lawfully authorized by writing, has the force and effect of an estate or interest at will only, and has no other or greater force or effect, either in law or equity.
Md. Code, Human Services § 5-5A-03 — MD Code / Article ghu / Title 5 / Subtitle 5A / Section 5-5A-03
§5–5A–03.
Status: in_force

The purpose of the Office is to carry out this subtitle.
Md. Code, Labor and Employment § 5-301 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

In this subtitle, “Board” means the Occupational Safety and Health Advisory Board.
Md. Code, Health - General § 5-309 — MD Code / Article ghg / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

(a) If the cause of death is established to a reasonable degree of medical certainty, the medical examiner who investigates the case shall file in the medical examiner’s office a report on the cause of death within 30 days after notification of the case.

(b) (1) If the medical examiner who investigates a medical examiner’s case considers an autopsy necessary, the Chief Medical Examiner, a deputy chief medical examiner, an assistant medical examiner, or a pathologist authorized by the Chief Medical Examiner shall perform the autopsy.

(2) If the family of the deceased objects to an autopsy on religious grounds, the autopsy may not be performed unless authorized by the Chief Medical Examiner or by the Chief Medical Examiner’s designee.

(3) (i) In accordance with normal standards of medical practice, the medical examiner performing the autopsy may retain any medical evidence, tissue, or organ needed to carry out the duties of this subtitle.

(ii) The medical examiner shall dispose of any medical evidence, tissue, or organ under subparagraph (i) of this paragraph in accordance with normal standards of medical practice.

(c) (1) A medical examiner shall conduct an autopsy of any fire fighter and any sworn personnel of the State Fire Marshal’s Office who dies in the line of duty or as a result of injuries sustained in the line of duty.

(2) The autopsy shall include:

(i) A toxicological analysis for toxic fumes;

(ii) Gross and microscopic studies of heart, lung, and any other tissue involved;

(iii) Appropriate studies of blood and urine; and

(iv) Appropriate studies of body fluids and body tissues.

(3) If the medical examiner determines toxic fumes were the cause of death, the medical examiner shall:

(i) Investigate to the extent possible the source of the fumes; and

(ii) Prepare a written report on the specific effects of the fumes on human tissue.

(4) The autopsy and analysis shall be sufficient to determine eligibility for benefits under the federal Public Safety Officers’ Benefits Act of 1976.

(d) (1) (i) The individual who performs the autopsy shall prepare detailed written findings during the progress of the autopsy.

(ii) The findings prepared under subparagraph (i) of this paragraph and the conclusions drawn from them shall be filed in the office of the medical examiner for the county where the death occurred.

(iii) The original copy of the findings and conclusions shall be filed in the Office.

(iv) The Department and the Committee may not interfere with the clinical findings or conclusions prepared under subparagraphs (i) and (ii) of this paragraph.

(2) (i) Except in a case of a finding of homicide, a person in interest as defined in § 4–101 of the General Provisions Article may request the medical examiner to correct findings and conclusions on the cause and manner of death recorded on a certificate of death under § 4–502 of the General Provisions Article within 180 days after the medical examiner files those findings and conclusions.

(ii) 1. If the Chief Medical Examiner denies the request of a person in interest to correct findings and conclusions on the cause and manner of death, the person in interest may appeal the denial to the Secretary, who shall refer the matter to the Office of Administrative Hearings.

2. A contested case hearing under this subparagraph shall be a hearing both on the denial and on the establishment of the findings and conclusions on the cause and manner of death.

(iii) The administrative law judge shall submit findings of fact to the Secretary.

(iv) After reviewing the findings of the administrative law judge, the Secretary, or the Secretary’s designee, shall issue an order to:

1. Adopt the findings of the administrative law judge; or

2. Reject the findings of the administrative law judge, and affirm the findings of the medical examiner.

(v) The appellant may appeal a rejection under subparagraph (iv)2 of this paragraph to a circuit court of competent jurisdiction.

(vi) If the final decision of the Secretary, or of the Secretary’s designee, or of a court of competent jurisdiction on appeal, establishes a different finding or conclusion on the cause or manner of death of a deceased than that recorded on the certificate of death, the medical examiner shall:

1. Amend the certificate to reflect the different finding or conclusion under §§ 4–212 and 4–214 of this article and § 4–502 of the General Provisions Article; and

2. If the cause or manner of death was amended or corrected to be undetermined or homicide:

A. Provide notice to the State’s Attorney and the local law enforcement agency in the jurisdiction where the body was found of the different finding or conclusion on the cause or manner of death of the deceased than that previously recorded on the death certificate; and

B. Request that the Secretary send the person in interest a certified death certificate with the cause or manner of death amended in accordance with item 1 of this subparagraph at no cost to the person in interest.

(vii) The final decision of the Secretary, or the Secretary’s designee, or of a court under this paragraph may not give rise to any presumption concerning the application of any provision of or the resolution of any claim concerning a policy of insurance relating to the deceased.

(viii) If the findings of the medical examiner are upheld by the Secretary, the appellant is responsible for the costs of the contested case hearing. Otherwise, the Department is responsible for the costs of the hearing.

(e) The Chief Medical Examiner shall set a reasonable fee for performing an autopsy by an authorized pathologist.
Md. Code, Financial Institutions § 5-1005 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1005
§5–1005.
Status: in_force

(a) Except as provided in subsection (b) of this section, a banking institution that proposes to establish a branch in this State or in another state shall:

(1) File with the Commissioner, at least 30 days before the intended opening date, a notice of intention to open a branch; and

(2) Submit to the Commissioner any information the Commissioner requires in order to evaluate the proposed branch.

(b) A well–capitalized banking institution with a composite CAMELS rating of one or two may establish a branch in this State by filing with the Commissioner an expedited notice, in the form that the Commissioner requires, at least 30 days before the intended opening date.
Md. Code, Financial Institutions § 5-306 — MD Code / Article gfi / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) Except as provided in subsection (b) of this section, a banking institution is not required to recognize or take any action on any claim to a deposit or to money or property held by it or contained in a safe-deposit box, if that claim is adverse to the interests of any person who, on its records, appears to be entitled to the deposit, money, or property.

(b) If, in an action to which the adverse claimant is a party, a court order or decree involving a claim to the deposit, money, or property is served on the banking institution, the banking institution may or, if required by the court, shall impound the deposit, money, or property, subject to further order of the court, without any liability on its part to anyone for doing so.
Md. Code, Insurance § 5-705 — MD Code / Article gin / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

An insurer shall deposit promptly additional cash or other or additional government securities eligible for deposit under § 5-701(b) of this subtitle in an amount sufficient to cure any deficiency if:

(1) the cash or government securities deposited by the insurer and held on deposit under this subtitle become ineligible for deposit under § 5-701(b) of this subtitle; or

(2) the market value of the deposited cash and government securities falls below the amount required under this article.
Md. Code, Insurance § 5-909 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-909
§5–909.
Status: in_force

(a) (1) The Commissioner shall maintain and publish a list of qualified jurisdictions under which an assuming insurer, licensed and domiciled in that jurisdiction, is eligible to be considered for certification by the Commissioner as a certified reinsurer.

(2) In order to determine whether the domiciliary jurisdiction of a non–United States assuming insurer is eligible to be recognized as a qualified jurisdiction, the Commissioner shall:

(i) evaluate the appropriateness and effectiveness of the reinsurance supervisory system of the jurisdiction, initially and on an ongoing basis; and

(ii) consider the rights, benefits, and extent of reciprocal recognition afforded by the non–United States jurisdiction to reinsurers licensed and domiciled in the United States.

(3) A qualified jurisdiction shall agree in writing to share information and cooperate with the Commissioner with respect to all certified reinsurers domiciled in that jurisdiction.

(4) The Commissioner may not recognize a jurisdiction as a qualified jurisdiction unless the Commissioner has determined that the jurisdiction adequately and promptly enforces final United States judgments and arbitration awards.

(5) The Commissioner may consider other factors in determining the jurisdiction’s eligibility to be recognized as a qualified jurisdiction.

(b) (1) The Commissioner shall consider the list of conditionally qualified and qualified jurisdictions published through the National Association of Insurance Commissioners committee process in determining the qualified jurisdictions in this State.

(2) In determining whether a jurisdiction is a qualified jurisdiction, the Commissioner shall consider the National Association of Insurance Commissioners list of conditionally qualified and qualified jurisdictions:

(i) when the jurisdiction has been evaluated for inclusion on the list; and

(ii) whenever the list is amended.

(3) If the Commissioner approves a jurisdiction as qualified that does not appear on the National Association of Insurance Commissioners list of qualified jurisdictions, the Commissioner shall provide information related to the approval to the National Association of Insurance Commissioners as provided in regulations the Commissioner adopts.

(4) The Commissioner shall recognize as a qualified jurisdiction in this State any state that meets the requirement for accreditation under the National Association of Insurance Commissioners financial standards and accreditation program.

(5) If a certified reinsurer’s domiciliary jurisdiction ceases to be a qualified jurisdiction, the Commissioner may indefinitely suspend or revoke the reinsurer’s certification.
Md. Code, Insurance § 5-607 — MD Code / Article gin / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

(a) Before investing in other classes of securities or types of investments, each insurer shall invest its funds in securities of the classes described in subsection (b) of this section in an amount equal in value to the minimum capital stock and surplus required of a domestic stock insurer authorized to transact the same kind of insurance business.

(b) (1) Subject to paragraph (2) of this subsection, the investments required by subsection (a) of this section may be made only in the following classes of securities:

(i) bonds or other evidences of indebtedness of the United States or an agency of the United States if the obligation is guaranteed as to principal and interest by the United States;

(ii) bonds or other evidences of indebtedness that are direct obligations of the State or of a county, district, or municipal corporation of the State;

(iii) bonds or other evidences of indebtedness that are direct obligations of another state;

(iv) mortgage loans or deeds of trust, as specified in § 5-608(j) and (k) of this subtitle, on property located in the State; or

(v) ground rents as specified in § 5-608(m) of this subtitle.

(2) At least 60% of the total amount of the required minimum investments must consist of the classes of securities specified in paragraph (1)(i) and (ii) of this subsection.

(c) An insurer shall maintain the minimum investments required by subsection (a) of this section free and clear from any lien or pledge, other than as impressed on:

(1) a deposit with any government in the United States; or

(2) trusteed assets held in trust for the security of the insurer’s policyholders and creditors.

(d) (1) After satisfying the minimum investment requirements of subsection (a) of this section, an insurer shall invest, or otherwise acquire or loan on, additional funds to bring its investments up to an amount not less than 50% of the aggregate amount of its unearned premium and loss reserves, in cash or the classes of reserve investments authorized under § 5-608 of this subtitle.

(2) An insurer shall maintain the investments required by this subsection free from any lien or pledge, other than a deposit of securities, cash, or trusteed assets held by a state for the benefit or protection of all or any class of the policyholders and creditors of the insurer.

(3) Except for real property acquired under § 5-608(n) of this subtitle, a security or investment is not eligible for acquisition as a reserve investment unless:

(i) the security or investment is interest-bearing, interest-accruing, or dividend or income-paying;

(ii) the security or investment is not then in default in any respect; and

(iii) the insurer is entitled to the interest or income accruing on the security or investment.

(e) After satisfying the minimum investment requirements of this subtitle, an insurer may invest any part of the remainder of the insurer’s funds in, or otherwise acquire or loan, any of the classes of investments eligible under § 5-608 of this subtitle or in other investments that are not prohibited by this subtitle.
Md. Code, Health - General § 5-621 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-621
§5–621.
Status: in_force

The Secretary may adopt regulations to ensure the efficient operation of the Advance Directive Program.
Md. Code, Tax - General § 5-302 — MD Code / Article gtg / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

Unless otherwise authorized in this title or in the Alcoholic Beverages Article, a person may not buy, possess, sell, store, transport, or allow another person to buy, store, sell, or transport an alcoholic beverage on which the alcoholic beverage tax is not paid.
Md. Code, Criminal Procedure § 5-204 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) In a criminal case in a circuit court in which the defendant is allowed to give bail, the clerk of the court may take the bail if:

(1) the court adjourns before the defendant has secured the bail; and

(2) the court before adjournment, or any judge of the court after adjournment, issues an order that sets the amount of the bail and directs the clerk to take the bail.

(b) If a defendant is arrested on indictment in a bailable case in a circuit court and is confined during the recess of the court, any judge of the court, by written order, may set the amount of the bail and direct the clerk to take the bail with security.

(c) The clerk may not accept security for bail unless:

(1) the person offering the security states under oath that the person owns real or personal property worth the amount of the bail, exclusive of the person’s right to exemption from execution; and

(2) the clerk is satisfied that the statement is true.
Md. Code, Estates and Trusts § 5-203 — MD Code / Article get / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

The petition shall indicate whether the petitioner elects administrative or judicial probate.
Md. Code, Public Safety § 5-501 — MD Code / Article gps / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

In this subtitle, “Council” means the Cease Fire Council.
Md. Code, Corporations and Associations § 5-324 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-324
§5–324.
Status: in_force

(a) The trustees of a Methodist Church, whether or not it is incorporated, shall be elected by its charge conference in accordance with the discipline of the United Methodist Church, as authorized and declared by the general conference of that church.

(b) As to a religious corporation subject to this part, the trustees of the church shall be the directors of the religious corporation.
Md. Code, Economic Development § 5-566 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-566
§5–566.
Status: in_force

In administering the Program, the Authority may:

(1) use the services of other governmental units;

(2) contract for and accept loans and grants from the federal government, the State government, or a local government and their units; and

(3) on the terms and conditions it considers advisable:

(i) acquire, manage, operate, dispose of, or otherwise deal with property;

(ii) take assignments of rentals and leases; and

(iii) make contracts, leases, agreements, and arrangements that are necessary or incidental to the performance of its duties.
Md. Code, Human Services § 5-5A-10 — MD Code / Article ghu / Title 5 / Subtitle 5A / Section 5-5A-10
§5–5A–10.
Status: in_force

This subtitle may be cited as the “Energy Assistance Program Act”.
Md. Code, Courts and Judicial Proceedings § 5-502 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

In addition to the provisions contained in this subtitle, provisions governing the immunity of the State, of its units, and of State personnel are found in Title 12 of the State Government Article.
Md. Code, Agriculture § 5-202 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

To carry out the provisions of this subtitle, the Secretary may receive gifts, contributions, or funds and may receive or issue grants or contracts.
Md. Code, Human Services § 5-5A-04 — MD Code / Article ghu / Title 5 / Subtitle 5A / Section 5-5A-04
§5–5A–04.
Status: in_force

(a) The Office may employ a staff.

(b) Except as otherwise provided by law, the employees of the Office are subject to the State Personnel and Pensions Article.
Md. Code, Insurance § 5-506 — MD Code / Article gin / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

(a) In addition to investments otherwise excluded under this article, a life insurer may not directly or indirectly invest in or lend its funds on the security of:

(1) an investment or security that the Commissioner finds is designed to evade a prohibition of this article; or

(2) issued shares of the life insurer’s capital stock, except:

(i) for the purpose of mutualization under Title 3, Subtitle 1 of this article; or

(ii) in connection with a plan approved by the Commissioner for purchase of the shares by employees or insurance producers of the life insurer.

(b) A life insurer may not directly or indirectly make a loan to an officer or director of the life insurer, except:

(1) a policy loan; or

(2) a bona fide mortgage loan on the principal residence of the officer or director that has been approved or ratified by the board of directors of the life insurer.
Md. Code, Education § 5-407 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

(a) Beginning in fiscal year 2022, the Board may determine to withhold appropriated funds from the Department, the Maryland Higher Education Commission, the Career and Technical Education Committee, or any other entity of State or local government responsible for developing an implementation plan under § 5–404 of this subtitle if the entity:

(1) Has not developed an initial implementation plan, or has not had its implementation plan approved; or

(2) Has not implemented its implementation plan appropriately.

(b) The Board shall notify the Comptroller, the Governor, the President of the Senate, and the Speaker of the House of Delegates regarding the intent to withhold appropriated funds under this section.

(c) After receiving notification from the Board under subsection (b) of this section, the Comptroller shall withhold the amount of funding that the Board determines is necessary to be withheld.
Md. Code, Natural Resources § 5-1607 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1607
§5–1607.
Status: in_force

§5–1607. IN EFFECT

(a) The preferred sequence for afforestation and reforestation shall be established by the State or local authority in accordance with the following after all techniques for retaining existing forest cover on–site have been exhausted:

(1) Those techniques that enhance existing forest and involve selective clearing or supplemental planting on–site;

(2) On–site afforestation or reforestation may be utilized where the retention options have been exhausted. In those cases, the method shall be selected in accordance with subsection (b) of this section, and the location shall be selected in accordance with subsection (d) of this section;

(3) (i) Off–site afforestation or reforestation in the same watershed or in accordance with an approved master plan may be utilized where the applicant has demonstrated that no reasonable on–site alternative exists, or where:

1. Any on–site priority areas for afforestation or reforestation have been planted in accordance with subsection (d) of this section; and

2. The applicant has justified to the satisfaction of the State or local jurisdiction that environmental benefits associated with off–site afforestation or reforestation would exceed those derived from on–site planting;

(ii) In these cases, the method shall be selected in accordance with subsection (b) of this section, and the location shall be selected in accordance with subsection (d) of this section; and

(iii) Off–site afforestation or reforestation may include the use of forest mitigation banks which have been so designated in advance by the State or local forest conservation program which is approved by the Department; and

(4) The State or local jurisdiction may allow an alternative sequence for a specific project if necessary to achieve the objectives of a local jurisdiction’s land use plans or policies or to take advantage of opportunities to consolidate forest conservation efforts.

(b) Standards for meeting afforestation or reforestation requirements shall be established by the State or local program using one or more of the following methods:

(1) Forest creation in accordance with a forest conservation plan using one or more of the following:

(i) Transplanted or nursery stock;

(ii) Whip and seedling stock; or

(iii) Natural regeneration where it can be shown to adequately meet the objective of the forest conservation plan.

(2) The use of qualified conservation completed in a forest mitigation bank to meet:

(i) Up to 50% of the afforestation or reforestation requirement, in which case, the afforestation or reforestation credit granted may not exceed 50% of the forest area encumbered in perpetuity; or

(ii) If a local jurisdiction proposes and, after public comment, the Department approves a written justification for the increase, up to 60% of the afforestation or reforestation requirement, in which case the afforestation or reforestation credit granted may not exceed 50% of the forest area encumbered in perpetuity.

(3) The use of street trees in a municipal corporation with a tree management plan, in an existing population center designated in a county master plan that has been adopted to conform with the Economic Growth, Resource Protection, and Planning Act of 1992, or in any other designated area approved by the Department as part of a local program, under criteria established by the local program, subject to the approval of the Department, using:

(i) Street trees as a permissible step in the priority sequence for afforestation or reforestation and, based on a mature canopy coverage, may grant full credit as a mitigation technique; and

(ii) Acquisition as a mitigation technique of an off–site protective easement for existing forested areas not currently protected in perpetuity, in which case the afforestation or reforestation credit granted may not exceed 50% of the area of forest cover protected.

(4) When all other options, both on–site and off–site, have been exhausted, landscaping as a mitigation technique, conducted under an approved landscaping plan that establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area.

(c) (1) The following trees, shrubs, plants, and specific areas shall be considered priority for retention and protection, and they shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the State or local authority, that reasonable efforts have been made to protect them and the plan cannot reasonably be altered:

(i) Trees, shrubs, and plants located in sensitive areas including 100–year floodplains, intermittent streams and their buffers of at least 50 feet from the stream channel, perennial streams and their buffers of at least 100 feet from the stream channel, coastal bays and their buffers, steep slopes, and critical habitats;

(ii) Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site;

(iii) Forest suitable for forest interior–dwelling species;

(iv) Forest located in a Tier II or Tier III high quality watershed as identified by the Department of the Environment;

(v) Forest located in a water resource protection zone, a reservoir watershed, or a wellhead protection area as identified by a local jurisdiction; and

(vi) Forests in urban areas:

1. As delineated in the priority urban forest mapping included in the State Forest Conservation Technical Manual requirements; or

2. That are most important for providing wildlife habitat or mitigating flooding, high temperatures, or air pollution.

(2) The following trees, shrubs, plants, and specific areas shall be considered priority for retention and protection, and they shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the State or local authority, that the applicant qualifies for a variance under § 5–1611 of this subtitle:

(i) Trees, shrubs, or plants identified on the list of rare, threatened, and endangered species of the U.S. Fish and Wildlife Service or the Department;

(ii) Trees that are part of a historic site or associated with a historic structure or designated by the Department or local authority as a national, State, or local Champion Tree; and

(iii) Trees having a diameter measured at 4.5 feet above the ground of:

1. 30 inches; or

2. 75% of the diameter, measured at 4.5 feet above the ground, of the current State Champion Tree of that species as designated by the Department.

(3) (i) The Department or a local authority shall issue written findings and justification for any clearing of a priority retention area described in paragraph (1) or (2) of this subsection.

(ii) Any judicial review of a final determination made under this paragraph shall be:

1. Conducted in accordance with the Maryland Rules; and

2. Limited to the record compiled by the Department or the local authority.

(d) The following shall be considered priority for afforestation or reforestation:

(1) Establish or enhance forest buffers adjacent to intermittent and perennial streams and coastal bays to widths of at least 50 feet;

(2) Establish or increase existing forested corridors to connect existing forests within or adjacent to the site and, where practical, forested corridors should be a minimum of 300 feet in width to facilitate wildlife movement;

(3) Establish or enhance forest buffers adjacent to critical habitats where appropriate;

(4) Establish or enhance forested areas in 100–year floodplains;

(5) Establish plantings to stabilize slopes of 25% or greater and slopes of 15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other natural depressions;

(6) Establish buffers adjacent to areas of differing land use where appropriate, or adjacent to highways or utility rights–of–way;

(7) Establish forest areas adjacent to existing forests so as to increase the overall area of contiguous forest cover, when appropriate; and

(8) Use native plant materials for afforestation or reforestation, when appropriate.

(e) (1) As part of the development of a forest conservation program, the State or local government shall develop provisions for:

(i) Preservation of areas described in subsections (c) and (d)(1) and (3) of this section;

(ii) Retention as forest of all land forested, afforested, or reforested under this subtitle; and

(iii) Limitation of uses of forest to those that are not inconsistent with forest conservation, such as recreational activities and forest management under subsection (f) of this section.

(2) The provisions required in paragraph (1) of this subsection may include protective agreements for areas of forest conservation, including conservation easements, deed restrictions, and covenants.

(f) An owner may place land that is forested, afforested, or reforested under this subtitle in the forest conservation and management program under § 8–211 et seq. of the Tax – Property Article or in a forest management plan prepared by a licensed forester and approved by the local authority or the State. Reforestation shall be required when the final regeneration harvest is complete or if determined to be necessary due to the lack of adequate natural regeneration.

§5–1607. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 **

(a) The preferred sequence for afforestation and reforestation shall be established by the State or local authority in accordance with the following after all techniques for retaining existing forest cover on–site have been exhausted:

(1) Those techniques that enhance existing forest and involve selective clearing or supplemental planting on–site;

(2) On–site afforestation or reforestation may be utilized where the retention options have been exhausted. In those cases, the method shall be selected in accordance with subsection (b) of this section, and the location shall be selected in accordance with subsection (d) of this section;

(3) (i) Off–site afforestation or reforestation in the same watershed or in accordance with an approved master plan may be utilized where the applicant has demonstrated that no reasonable on–site alternative exists, or where:

1. Any on–site priority areas for afforestation or reforestation have been planted in accordance with subsection (d) of this section; and

2. The applicant has justified to the satisfaction of the State or local jurisdiction that environmental benefits associated with off–site afforestation or reforestation would exceed those derived from on–site planting;

(ii) In these cases, the method shall be selected in accordance with subsection (b) of this section, and the location shall be selected in accordance with subsection (d) of this section; and

(iii) Off–site afforestation or reforestation may include the use of forest mitigation banks which have been so designated in advance by the State or local forest conservation program which is approved by the Department; and

(4) The State or local jurisdiction may allow an alternative sequence for a specific project if necessary to achieve the objectives of a local jurisdiction’s land use plans or policies or to take advantage of opportunities to consolidate forest conservation efforts.

(b) Standards for meeting afforestation or reforestation requirements shall be established by the State or local program using one or more of the following methods:

(1) Forest creation in accordance with a forest conservation plan using one or more of the following:

(i) Transplanted or nursery stock;

(ii) Whip and seedling stock; or

(iii) Natural regeneration where it can be shown to adequately meet the objective of the forest conservation plan;

(2) The use of qualified conservation completed in a forest mitigation bank to meet:

(i) Up to 50% of the afforestation or reforestation requirement, in which case, the afforestation or reforestation credit granted may not exceed 50% of the forest area encumbered in perpetuity; or

(ii) If, a local jurisdiction proposes, and after public comment, the Department approves a written justification for the increase, up to 60% of the afforestation or reforestation requirement, in which case the afforestation or reforestation credit granted may not exceed 50% of the forest area encumbered in perpetuity;

(3) In a municipal corporation with a tree management plan, in an existing population center designated in a county master plan that has been adopted to conform with the Economic Growth, Resource Protection, and Planning Act of 1992, or in any other designated area approved by the Department as part of a local program, under criteria established by the local program, subject to the approval of the Department, using:

(i) The planting of street trees as a permissible step in the priority sequence for afforestation or reforestation and, based on a mature canopy coverage, may grant full credit as a mitigation technique;

(ii) Acquisition as a mitigation technique of an off–site protective easement for existing forested areas not currently protected in perpetuity, in which case the afforestation or reforestation credit granted may not exceed 50% of the area of forest cover protected;

(iii) The restoration of on– or off–site degraded forest, including soil enhancement without grading, the removal of invasive species, wildlife control, the improvement of understory, and new tree plantings, as appropriate, in which case the afforestation or reforestation credit granted may not exceed 50% of the area of forest restored; and

(iv) The establishment of planted green infrastructure or planted environmental site design practices beyond the amount required under § 4–203 of the Environment Article may grant full credit as a mitigation technique; and

(4) When all other options, both on–site and off–site, have been exhausted, landscaping as a mitigation technique, conducted under an approved landscaping plan that establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area.

(c) (1) The following trees, shrubs, plants, and specific areas shall be considered priority for retention and protection, and they shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the State or local authority, that reasonable efforts have been made to protect them and the plan cannot reasonably be altered:

(i) Trees, shrubs, and plants located in sensitive areas including 100–year floodplains, intermittent streams and their buffers of at least 50 feet from the stream channel, perennial streams and their buffers of at least 100 feet from the stream channel, coastal bays and their buffers, steep slopes, and critical habitats;

(ii) Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site;

(iii) Forest suitable for forest interior–dwelling species;

(iv) Forest located in a Tier II or Tier III high quality watershed as identified by the Department of the Environment;

(v) Forest located in a water resource protection zone, a reservoir watershed, or a wellhead protection area as identified by a local jurisdiction; and

(vi) Forests in urban areas:

1. As delineated in the priority urban forest mapping included in the State Forest Conservation Technical Manual requirements; or

2. That are most important for providing wildlife habitat or mitigating flooding, high temperatures, or air pollution.

(2) The following trees, shrubs, plants, and specific areas shall be considered priority for retention and protection, and they shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the State or local authority, that the applicant qualifies for a variance under § 5–1611 of this subtitle:

(i) Trees, shrubs, or plants identified on the list of rare, threatened, and endangered species of the U.S. Fish and Wildlife Service or the Department;

(ii) Trees that are part of a historic site or associated with a historic structure or designated by the Department or local authority as a national, State, or local Champion Tree; and

(iii) Trees having a diameter measured at 4.5 feet above the ground of:

1. 30 inches; or

2. 75% of the diameter, measured at 4.5 feet above the ground, of the current State Champion Tree of that species as designated by the Department.

(3) (i) The Department or a local authority shall issue written findings and justification for any clearing of a priority retention area described in paragraph (1) or (2) of this subsection.

(ii) Any judicial review of a final determination made under this paragraph shall be:

1. Conducted in accordance with the Maryland Rules; and

2. Limited to the record compiled by the Department or the local authority.

(d) The following shall be considered priority for afforestation or reforestation:

(1) Establish or enhance forest buffers adjacent to intermittent and perennial streams and coastal bays to widths of at least 50 feet;

(2) Establish or increase existing forested corridors to connect existing forests within or adjacent to the site and, where practical, forested corridors should be a minimum of 300 feet in width to facilitate wildlife movement;

(3) Establish or enhance forest buffers adjacent to critical habitats where appropriate;

(4) Establish or enhance forested areas in 100–year floodplains;

(5) Establish plantings to stabilize slopes of 25% or greater and slopes of 15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other natural depressions;

(6) Establish buffers adjacent to areas of differing land use where appropriate, or adjacent to highways or utility rights–of–way;

(7) Establish forest areas adjacent to existing forests so as to increase the overall area of contiguous forest cover, when appropriate; and

(8) Use native plant materials for afforestation or reforestation, when appropriate.

(e) (1) As part of the development of a forest conservation program, the State or local government shall develop provisions for:

(i) Preservation of areas described in subsections (c) and (d)(1) and (3) of this section;

(ii) Retention as forest of all land forested, afforested, or reforested under this subtitle; and

(iii) Limitation of uses of forest to those that are not inconsistent with forest conservation, such as recreational activities and forest management under subsection (f) of this section.

(2) The provisions required in paragraph (1) of this subsection may include protective agreements for areas of forest conservation, including conservation easements, deed restrictions, and covenants.

(f) An owner may place land that is forested, afforested, or reforested under this subtitle in the forest conservation and management program under § 8–211 et seq. of the Tax – Property Article or in a forest management plan prepared by a licensed forester and approved by the local authority or the State. Reforestation shall be required when the final regeneration harvest is complete or if determined to be necessary due to the lack of adequate natural regeneration.
Md. Code, Human Services § 5-302 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) There is a Family Investment Program in the Department.

(b) The primary purpose of this subtitle is to support family efforts to achieve and maintain self-sufficiency through services and financial aid geared to individual family needs.
Md. Code, Human Services § 5-308.2 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-308.2
§5–308.
Status: in_force

§5–308.2.

(a) The purpose of community service is to improve the employability of individuals who cannot find unsubsidized full–time employment.

(b) Community service shall:

(1) be limited to projects that service a useful community purpose in fields including health, social service, environmental protection, education, urban and rural development, welfare, recreation, public facilities, public safety, and child care; and

(2) be supervised on an ongoing basis at least once each day in which the individual is scheduled to participate in the community service.

(c) The Department may refer an individual to community service for work activity if:

(1) private sector employment is not available;

(2) the maximum community service placement for the individual does not exceed 90 days in a 3–year period;

(3) the Department offers to the individual at least three work activity options that shall include:

(i) subject to subsection (d) of this section, only one community service option; and

(ii) at least one work activity option or a program funded by the federal Workforce Innovation and Opportunity Act;

(4) the individual chooses the community service for work activity;

(5) the Department informs the individual that the individual may subsequently change to different work activity;

(6) the community service provides skills that match the individual’s personal, career, and family goals to support economic mobility; and

(7) when making appropriate community service assignments, the Department has considered the individual’s prior training, experience, and skills.

(d) If the Department offers community service as work activity, the Department may not offer work experience as work activity.

(e) If at any time the requirements of subsection (c) of this section are not met, an individual placed in community service may request a transfer to different work activity.
Md. Code, Corporations and Associations § 5-108 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-108
§5–108.
Status: in_force

(a) If required under § 5–107 of this subtitle to obtain a certificate of authorization for use of a corporate name, the professional corporation or its incorporator shall file an application with the appropriate licensing unit, using a form provided by the licensing unit that contains:

(1) The name to be adopted by the corporation;

(2) The reasons for adopting the name; and

(3) Any other information required by the licensing unit.

(b) The application shall be accompanied by the fee, if any, set by the licensing unit.

(c) (1) Upon receipt of the application and fee under subsections (a) and (b) of this section, the licensing unit shall consult with and obtain the approval of the professional organization, if one exists, to which a majority of individuals in the State rendering the professional service belong.

(2) In determining the appropriateness of the proposed corporate name, the professional organization shall consider the established ethical standards, rules, and regulations of the profession.

(d) If the licensing unit and, if required, the professional organization approve of the proposed corporate name, the licensing unit shall issue a certificate of authorization for use of a corporate name to the corporation or its incorporator.

(e) Any licensing unit with jurisdiction over the professional service mentioned in the corporation’s articles of incorporation may approve the adoption and use of a corporate name under the provisions of §§ 5–106 through 5–108 of this subtitle.

(f) (1) The State Board of Physicians is not required to approve the name of a professional entity whose members are licensed physicians, as defined under § 14–101 of the Health Occupations Article.

(2) After the Department receives the application of a professional entity that is not exempt under § 5–107(a)(1) of this subtitle and whose members are licensed physicians, as defined under § 14–101 of the Health Occupations Article, the Department shall notify MedChi, the Maryland State Medical Society.

(3) On receipt of an application from an entity described under paragraph (2) of this subsection, MedChi, the Maryland State Medical Society may:

(i) Take no further action; or

(ii) If there is reason to believe that the name of the professional entity is deceptive or misleading, refer the application to the Maryland Department of Health.
Md. Code, Estates and Trusts § 5-301 — MD Code / Article get / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

(a) Administrative probate is a proceeding instituted by the filing of a petition for probate by an interested person before the register for the probate of a will or a determination of the intestacy of the decedent, and for the appointment of a personal representative.

(b) Subject to the provisions of § 5–402 of this title, the proceeding may be conducted without prior notice, and is final, to the extent provided in § 5–304 of this subtitle, subject to the right of an interested person to require judicial probate as provided in Subtitle 4 of this title.
Md. Code, Natural Resources § 5-1012 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1012
§5–1012.
Status: in_force

(a) In this section, “partnership park” means a unit of the State park system managed by the Department in partnership with a local government, a bicounty agency, or a nonprofit organization.

(b) The Department may enter into:

(1) A memorandum of understanding with a local government, bicounty agency, or nonprofit organization to establish a partnership park in the State; or

(2) A partnership agreement with a local government, bicounty agency, or nonprofit organization to manage a partnership park in the State.

(c) (1) The Department shall establish the Freedman’s State Historical Park as a partnership park that seeks to educate the public about and preserve and interpret the lives and experiences of Black Americans both before and after the abolition of slavery.

(2) Freedman’s State Historical Park shall be held by the State as a State park under the protection and administration of the Department.

(d) Freedman’s State Historical Park shall consist of properties in northeastern Montgomery County in or near the communities of Brookeville, Olney, Sandy Spring, Zion, and Laytonsville that are:

(1) Owned by the State and designated by the Department as part of the park; and

(2) (i) Owned by a local government, a bicounty agency, or a nonprofit organization; and

(ii) Designated as part of the park by a partnership agreement between the owner of the property and the State.

(e) (1) The Department shall establish a stakeholder advisory committee to advise the Department on the scope and management of Freedman’s State Historical Park.

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

(i) A representative of Montgomery Parks, designated by Montgomery Parks’ Director of Parks;

(ii) A representative of the Heritage Tourism Alliance of Montgomery County, designated by the Alliance’s Executive Director;

(iii) A representative of the Sandy Spring Slave Museum, designated by the Museum’s Director;

(iv) A representative of the Sandy Spring Museum, designated by the Museum’s President; and

(v) Any other members as determined by the Department.

(3) To the extent practicable, the stakeholder advisory committee shall reflect the diversity of northeastern Montgomery County.

(f) On or before January 1, 2023, the Department shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

(1) Property owned by the State in northeastern Montgomery County that is suitable for inclusion in Freedman’s State Historical Park;

(2) Property owned by a local government, a bicounty agency, or a nonprofit organization in northeastern Montgomery County that is suitable for inclusion in Freedman’s State Historical Park and for which the landowners are willing to enter into a partnership agreement; and

(3) The funding needed to establish and promote Freedman’s State Historical Park.

(f–1) (1) The Department and Baltimore City shall:

(i) Convene focus group meetings on the establishment of the Gwynns Falls State Park with community members and stakeholders that reside or operate in the vicinity of the proposed State park;

(ii) Develop a list of priority needs and associated cost assessments for park operations and improvements, including:

1. Capital improvements;

2. Critical maintenance;

3. Enhanced natural resource management and restoration, including implementation of a biohabitats study;

4. Historic site restoration;

5. Enhanced outdoor recreation amenities, including trail improvements;

6. Adding park staff and procuring equipment and supplies; and

7. Law enforcement and public safety; and

(iii) Establish a stakeholder advisory committee to advise the Department and Baltimore City on the scope and management of Gwynns Falls State Park that consists of:

1. At least one member of the Friends of Gwynns Falls/Leakin Park;

2. At least six members representing local park advocacy organizations, local environmental organizations, local historic preservation organizations, neighborhood organizations from neighborhoods that border the future Gwynns Falls State Park site; and

3. Any additional members as determined by the Department and Baltimore City.

(2) On or before December 1, 2025, the Department shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

(i) Property owned by the State in Baltimore City that is suitable for inclusion in Gwynns Falls State Park;

(ii) Property owned by Baltimore City or a nonprofit organization in Baltimore City that is suitable for inclusion in Gwynns Falls State Park and for which the landowners are willing to enter into a partnership agreement; and

(iii) The funding needed to establish and promote Gwynns Falls State Park.

(g) (1) (i) The Department shall establish the Port of Deposit State Historical Park as a partnership park that seeks to educate the public about and preserve and interpret the lives and experiences of Black Americans both before and after the abolition of slavery.

(ii) Port of Deposit State Historical Park shall be held by the State as a State park under the protection and administration of the Department.

(2) Port of Deposit State Historical Park shall consist of a portion of the Bainbridge Naval Training Center site, measuring not less than 120 acres and not more than 150 acres, that the Bainbridge Development Corporation transfers to the Department, including:

(i) The historic Tome School;

(ii) The Snow Hill archaeological site; and

(iii) The adjacent wooded conservation area.

(3) (i) The Department shall establish a stakeholder advisory committee to advise the Department on the scope and management of Port of Deposit State Historical Park.

(ii) The stakeholder advisory committee shall consist of the following members:

1. One member designated by the Mayor and Town Council of Port Deposit;

2. Two members of the House of Delegates and one member of the Senate of Maryland representing Cecil County, designated by the Cecil County Delegation of the General Assembly;

3. The County Executive of Cecil County, or the County Executive’s designee;

4. The President of the Cecil County Council, or the President’s designee;

5. The President of the Cecil County branch of the NAACP, or the President’s designee;

6. The President of the Historical Society of Cecil County, or the President’s designee;

7. The Director of the Cecil County Department of Parks and Recreation;

8. The Chair of the Bainbridge Development Corporation, or the Chair’s designee;

9. The Chief Archaeologist of the Maryland Department of Transportation, State Highway Administration, or the Chief Archaeologist’s designee; and

10. The following nonvoting ex officio members:

A. The Secretary, or the Secretary’s designee;

B. The Secretary of Commerce, or the Secretary’s designee;

C. The Secretary of the Environment, or the Secretary’s designee;

D. The Secretary of Planning, or the Secretary’s designee;

E. The Director of the Maryland Historical Trust, or the Director’s designee;

F. The President of the Lower Susquehanna Heritage Greenway, or the President’s designee;

G. The Superintendent of Cecil County Public Schools;

H. The Executive Director of the Cecil County Public Library; and

I. The President of Cecil College.

(iii) To the extent practicable, the stakeholder advisory committee shall reflect the diversity of Cecil County.

(4) On or before September 1, 2024, the Department shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article on:

(i) Property that is suitable for inclusion in Port of Deposit State Historical Park;

(ii) The funding needed to establish and promote Port of Deposit State Historical Park; and

(iii) The appropriate manner of preserving property that is not identified for inclusion in Port of Deposit State Historical Park in perpetuity for its archaeological, historical, and cultural significance.

(h) It is the intent of the General Assembly that if the State acquires Carr’s Beach for the purpose of making the property a State park, the property shall be a partnership park established and maintained in a manner substantially similar to the requirements established under subsections (b) through (d) of this section.

(i) (1) In this subsection, “Waldorf core zone” means a geographical area in Charles County within the following boundaries:

(i) North of Billingsley Road;

(ii) South of Mattawoman Creek;

(iii) East of Bensville Road; and

(iv) West of Maryland Route 5.

(2) It is the intent of the General Assembly that if the State acquires property in the Waldorf core zone for the purpose of making the property a State park, the property shall be a partnership park established and maintained in a manner substantially similar to the requirements established under subsections (b) through (d) of this section.

(j) It is the intent of the General Assembly that if the State acquires Hill Road Park in Prince George’s County for the purpose of making the property a State park, the property shall be a partnership park established and maintained in a manner substantially similar to the requirements established under subsections (b) through (d) of this section.
Md. Code, Family Law § 5-3A-30 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-30
§5–3A–30.
Status: in_force

A petitioner for adoption under this subtitle shall give notice of the filing of an adoption petition to each person whose consent is required.
Md. Code, Corporations and Associations § 5-111 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-111
§5–111.
Status: in_force

(a) A stockholder of a professional corporation may transfer or pledge stock, fractional stock, and rights or options to purchase stock of the corporation only to a qualified person.

(b) A transfer of stock made in violation of subsection (a) of this section, except a transfer made by operation of law or by court judgment, is void.
Md. Code, Family Law § 5-1201 — MD Code / Article gfl / Title 5 / Subtitle 12 / Section 5-1201
§5–1201.
Status: reserved

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

(b) “At–risk parent” means a parent of a child entering out–of–home placement or identified as at risk of entering out–of–home placement.

(c) “Child welfare personnel” means paraprofessionals, caseworkers, casework supervisors, and administrators who work in child welfare programs administered by the Department.

(d) Repealed.

(e) “Cross–training” means training of both child welfare and substance abuse treatment personnel, provided by qualified trainers with an approved curriculum in essential areas, including both substance abuse and child welfare practices, procedures, and laws.

(f) Repealed.

(g) “Out–of–home placement” means placement of a child into foster care, kinship care, group care, or residential treatment care.

(h) “Qualified addictions specialist” means an individual who meets the qualifications for substance abuse counseling and screening established by the Maryland Department of Health.

(i) “Substance abuse testing” means testing that is performed by urinalysis, breathalyzer, dip stick, blood testing, or hair analysis to determine if an individual has used either drugs or alcohol.

(j) “Substance abuse treatment” means a program that provides the intensity and type of treatment needed for parents and their children to maximize the likelihood of long–term abstinence, including detoxification, intensive outpatient treatment, intermediate care and other residential treatment (including programs in which parents and their children can live and receive treatment together), and aftercare programs such as transitional housing.

(k) “Substance abuse treatment personnel” means personnel who work in a substance abuse treatment program.
Md. Code, Health - General § 5-601 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

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

(b) “Advance directive” means:

(1) A witnessed written or electronic document, voluntarily executed by the declarant in accordance with the requirements of this subtitle;

(2) A witnessed oral statement, made by the declarant in accordance with the provisions of this subtitle; or

(3) An electronic document, voluntarily executed by the declarant, in which the declarant’s identity is authenticated in accordance with the guidelines described in § 5–602(c)(3) of this subtitle.

(c) “Agent” means an adult appointed by the declarant under an advance directive made in accordance with the provisions of this subtitle to make health care decisions for the declarant.

(d) “Attending physician” means the physician who has primary responsibility for the treatment and care of the patient.

(e) “Best interest” means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from that treatment, taking into account:

(1) The effect of the treatment on the physical, emotional, and cognitive functions of the individual;

(2) The degree of physical pain or discomfort caused to the individual by the treatment, or the withholding or withdrawal of the treatment;

(3) The degree to which the individual’s medical condition, the treatment, or the withholding or withdrawal of treatment result in a severe and continuing impairment of the dignity of the individual by subjecting the individual to a condition of extreme humiliation and dependency;

(4) The effect of the treatment on the life expectancy of the individual;

(5) The prognosis of the individual for recovery, with and without the treatment;

(6) The risks, side effects, and benefits of the treatment or the withholding or withdrawal of the treatment; and

(7) The religious beliefs and basic values of the individual receiving treatment, to the extent these may assist the decision maker in determining best interest.

(f) “Competent individual” means a person who is at least 18 years of age or who under § 20–102(a) of this article has the same capacity as an adult to consent to medical treatment and who has not been determined to be incapable of making an informed decision.

(g) “Declarant” means a competent individual who makes an advance directive while capable of making and communicating an informed decision.

(h) “Electronic” has the meaning stated in § 4–101 of the Estates and Trusts Article.

(i) “Electronic presence” has the meaning stated in § 4–101 of the Estates and Trusts Article.

(j) “Electronic signature” has the meaning stated in § 4–101 of the Estates and Trusts Article.

(k) “Emergency medical services ‘do not resuscitate order’” means a physician’s, physician assistant’s, or nurse practitioner’s written order in a form established by protocol issued by the Maryland Institute for Emergency Medical Services in conjunction with the State Board of Physicians which, in the event of a cardiac or respiratory arrest of a particular patient, authorizes certified or licensed emergency medical services personnel to withhold or withdraw cardiopulmonary resuscitation including cardiac compression, endotracheal intubation, other advanced airway management techniques, artificial ventilation, defibrillation, and other related life–sustaining procedures.

(l) “End–stage condition” means an advanced, progressive, irreversible condition caused by injury, disease, or illness:

(1) That has caused severe and permanent deterioration indicated by incompetency and complete physical dependency; and

(2) For which, to a reasonable degree of medical certainty, treatment of the irreversible condition would be medically ineffective.

(m) “Health care practitioner” means:

(1) An individual licensed or certified under the Health Occupations Article or § 13–516 of the Education Article to provide health care; or

(2) The administrator of a hospital or a person designated by the administrator in accordance with hospital policy.

(n) (1) “Health care provider” means a health care practitioner or a facility that provides health care to individuals.

(2) “Health care provider” includes agents or employees of a health care practitioner or a facility that provides health care to individuals.

(o) (1) “Incapable of making an informed decision” means the inability of an adult patient to make an informed decision about the provision, withholding, or withdrawal of a specific medical treatment or course of treatment because the patient is unable to understand the nature, extent, or probable consequences of the proposed treatment or course of treatment, is unable to make a rational evaluation of the burdens, risks, and benefits of the treatment or course of treatment, or is unable to communicate a decision.

(2) For the purposes of this subtitle, a competent individual who is able to communicate by means other than speech or with other support, including supported decision making in accordance with Title 18 of the Estates and Trusts Article, may not be considered incapable of making an informed decision.

(p) (1) “Life–sustaining procedure” means any medical procedure, treatment, or intervention that:

(i) Utilizes mechanical or other artificial means to sustain, restore, or supplant a spontaneous vital function; and

(ii) Is of such a nature as to afford a patient no reasonable expectation of recovery from a terminal condition, persistent vegetative state, or end–stage condition.

(2) “Life–sustaining procedure” includes artificially administered hydration and nutrition, and cardiopulmonary resuscitation.

(q) “Medically ineffective treatment” means that, to a reasonable degree of medical certainty, a medical procedure will not:

(1) Prevent or reduce the deterioration of the health of an individual; or

(2) Prevent the impending death of an individual.

(r) “Nurse practitioner” means an individual licensed to practice registered nursing in the State and who is certified as a nurse practitioner by the State Board of Nursing under Title 8 of the Health Occupations Article.

(s) “Persistent vegetative state” means a condition caused by injury, disease, or illness:

(1) In which a patient has suffered a loss of consciousness, exhibiting no behavioral evidence of self–awareness or awareness of surroundings in a learned manner other than reflex activity of muscles and nerves for low level conditioned response; and

(2) From which, after the passage of a medically appropriate period of time, it can be determined, to a reasonable degree of medical certainty, that there can be no recovery.

(t) “Physical presence” has the meaning stated in § 4–101 of the Estates and Trusts Article.

(u) “Physician” means a person licensed to practice medicine in the State or in the jurisdiction where the treatment is to be rendered or withheld.

(v) “Physician assistant” means an individual who is licensed under Title 15 of the Health Occupations Article to practice as a physician assistant.

(w) “Signed” means bearing a manual or electronic signature.

(x) “Terminal condition” means an incurable condition caused by injury, disease, or illness which, to a reasonable degree of medical certainty, makes death imminent and from which, despite the application of life–sustaining procedures, there can be no recovery.
Md. Code, Education § 5-235 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-235
§5–235.
Status: in_force

(a) (1) (i) Subject to subsection (o) of this section and beginning in fiscal year 2023, the county governing body shall levy and appropriate an annual tax sufficient to provide an amount of revenue for elementary and secondary public education purposes equal to the local share of major education aid as adjusted under § 5–239 of this subtitle.

(ii) For the purposes of calculating the local share of major education aid and regardless of the source of the funds, all funds that a county board, including the Baltimore City Board of School Commissioners, is authorized to expend for schools may be considered as levied by the county council, board of county commissioners, or the Mayor and City Council of Baltimore except for:

1. State appropriations;

2. Federal education aid payments; and

3. The amount of the expenditure authorized for debt service and capital outlay.

(2) Subject to subsection (o) of this section and except as provided in subsection (a–1) of this section, the county governing body shall appropriate local funds to the school operating budget in an amount no less than the product of the county’s enrollment count for the current fiscal year and the local appropriation on a per pupil basis for the prior fiscal year using enrollment count.

(a–1) For fiscal year 2023, the county governing body shall appropriate to the school operating budget the greater of:

(1) The local share of major education aid under subsection (a)(1) of this section; or

(2) (i) For Allegany County, $31,854,912;

(ii) For Anne Arundel County, $784,741,000;

(iii) For Baltimore City, $275,513,758;

(iv) For Baltimore County, $888,261,619;

(v) For Calvert County, $134,705,250;

(vi) For Caroline County, $16,080,832;

(vii) For Carroll County, $204,617,860;

(viii) For Cecil County, $89,196,266;

(ix) For Charles County, $200,686,400;

(x) For Dorchester County, $20,937,715;

(xi) For Frederick County, $316,348,012;

(xii) For Garrett County, $28,705,313;

(xiii) For Harford County, $293,812,984;

(xiv) For Howard County, $628,300,000;

(xv) For Kent County, $18,559,629;

(xvi) For Montgomery County, $1,752,662,235;

(xvii) For Prince George’s County, $766,762,200;

(xviii) For Queen Anne’s County, $62,559,389;

(xix) For St. Mary’s County, $114,540,490;

(xx) For Somerset County, $10,490,432;

(xxi) For Talbot County, $43,905,596;

(xxii) For Washington County, $106,847,824;

(xxiii) For Wicomico County, $49,135,024; and

(xxiv) For Worcester County, $97,117,331.

(b) (1) Except as provided in paragraph (2) of this subsection and subsection (c) of this section, for purposes of this section, the local appropriation on a per pupil basis for the prior fiscal year for a county is derived by dividing the county’s highest local appropriation to its school operating budget for the prior fiscal year by the county’s enrollment count for the prior fiscal year. For example, the calculation of the foundation aid for fiscal year 2003 shall be based on the highest local appropriation for the school operating budget for a county for fiscal year 2002. Program shifts between a county operating budget and a county school operating budget may not be used to artificially satisfy the requirements of this paragraph.

(2) For fiscal year 2024, the following amounts shall be subtracted from the county’s fiscal year 2023 highest local appropriation:

(i) For Allegany County, $384,498;

(ii) For Anne Arundel County, $10,291,149;

(iii) For Baltimore County, $41,682,056;

(iv) For Calvert County, $2,109,359;

(v) For Carroll County, $7,549,762;

(vi) For Charles County, $7,074,539;

(vii) For Frederick County, $9,076,061;

(viii) For Garrett County, $342,058;

(ix) For Harford County, $19,512,731;

(x) For Howard County, $23,479,884;

(xi) For Kent County, $488,031;

(xii) For Montgomery County, $30,992,076;

(xiii) For Queen Anne’s County, $406,525; and

(xiv) For St. Mary’s County, $6,110,337.

(c) (1) For purposes of this subsection, the calculation of the county’s highest local appropriation to its school operating budget for the prior fiscal year shall exclude:

(i) A nonrecurring cost that is supplemental to the regular school operating budget, if the exclusion qualifies under regulations adopted by the State Board;

(ii) A cost of a program that has been shifted from the county school operating budget to the county operating budget;

(iii) The cost of debt service incurred for school construction projects; and

(iv) For a county that shifts the recurring costs associated with providing retiree health benefits for current retirees to the county board, any reduction in those retiree health costs from the amount the county was required to appropriate in the previous year.

(2) For purposes of the adjustment required under subsection (a)(2)(ii) of this section, a county that dedicates to public school construction any additional State funds received from recurring retiree health costs shifted to the county board may exclude those retiree health costs from the highest local appropriation on a per pupil basis.

(d) The county board must present satisfactory evidence to the county government that any appropriation under subsection (c)(1) of this section is used only for the purpose designated by the county government in its request for approval.

(e) Any appropriation that is not excluded under subsection (c)(1) of this section as a qualifying nonrecurring cost shall be included in calculating the county’s highest local appropriation to its school operating budget.

(f) Qualifying nonrecurring costs, as defined in regulations adopted by the State Board, shall include but are not limited to:

(1) Computer laboratories;

(2) Technology enhancement;

(3) New instructional program start–up costs; and

(4) Books other than classroom textbooks.

(g) (1) Subject to paragraph (2) of this subsection, if a county’s ability to fund the maintenance of effort requirement in subsection (a) of this section is impeded, the county shall apply under subsection (h) of this section to the State Board for a waiver.

(2) If a county fails to apply to the State Board for a waiver from the maintenance of effort requirement and fails to meet the maintenance of effort requirement:

(i) The county shall be assessed in accordance with subsection (o) of this section; and

(ii) The minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the prior fiscal year in which the county met the maintenance of effort requirement under subsection (a) of this section.

(h) (1) The maintenance of effort requirement in subsection (a) of this section does not apply to a county if the county requests and is granted a waiver from the requirement by the State Board based on:

(i) A determination under this subsection that the county’s fiscal condition significantly impedes the county’s ability to fund the maintenance of effort requirement;

(ii) Subject to subsection (i) of this section, an agreement between the county and the county board to reduce recurring costs;

(iii) Subject to subsection (j) of this section, a determination that a county’s ability to meet the maintenance of effort requirement is permanently impeded; or

(iv) Subject to subsection (k) of this section, a determination that lease payments were made by the county board to a county revenue authority or private entity holding title to property used as a public school by a county board in accordance with § 4–114(c)(1) or (d) of this article.

(2) In order to qualify for a waiver for a fiscal year, a county shall make a request for a waiver to the State Board by the earlier of the seventh day following the end of the legislative regular session or April 20 of the prior fiscal year.

(3) The State Superintendent shall provide a preliminary assessment of a waiver request to the State Board before a public hearing held in accordance with paragraph (4) of this subsection.

(4) Before acting on a request for a waiver, the State Board shall hold a public hearing in accordance with regulations adopted by the State Board.

(5) Except as provided in subsection (i) of this section, when considering whether to grant a county’s waiver request, the State Board shall consider the following factors:

(i) External environmental factors such as a loss of a major employer or industry affecting a county or a broad economic downturn affecting more than one county;

(ii) A county’s tax base;

(iii) Rate of inflation relative to growth of student population in a county;

(iv) Maintenance of effort requirement relative to a county’s statutory ability to raise revenues;

(v) A county’s history of exceeding the required maintenance of effort amount under subsection (a)(2) of this section;

(vi) An agreement between a county and a county board that a waiver should be granted;

(vii) Significant reductions in State aid to a county and municipalities of the county for the fiscal year for which a waiver is requested;

(viii) The number of waivers a county has received in the past 5 years; and

(ix) The history of compensation adjustments for employees of the county board and county government.

(6) The State Board shall inform the county whether the waiver for a fiscal year is approved or denied in whole or in part no later than 30 days after receipt of an application or May 20 of the prior fiscal year, whichever is earlier.

(7) Except as provided in subsections (i) and (j) of this section, if a county is granted a waiver from the provisions of this section by either the State Board or the General Assembly for any fiscal year, the minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the prior fiscal year in which the county met the maintenance of effort requirement under subsection (a) of this section.

(i) (1) This subsection applies to a county that requests a waiver under subsection (h)(1)(ii) of this section.

(2) (i) The State Board shall grant a waiver request in the amount that has been agreed on by the county and county board that is attributable to reductions in recurring costs.

(ii) If the reduction in recurring costs includes reductions in personnel or personnel costs, then the State Board shall grant a waiver request in the amount that has been mutually agreed on by the county, county board, and exclusive employee representative.

(3) The amount of the agreed on waiver may be less than the entire amount of the reduction in recurring costs.

(4) The amount of the agreed on waiver may not:

(i) Exceed the entire amount of the reduction in recurring costs; or

(ii) Reduce a county’s education appropriation below the amount required in subsection (a)(1) of this section.

(5) The minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the current fiscal year approved by the State Board under this subsection.

(j) (1) In this subsection the following terms have the meanings indicated.

(i) “Education appropriation” includes any money redirected to a county board under subsection (o) of this section.

(ii) “Education effort” means a county’s education appropriation divided by the county’s wealth.

(iii) “5–year moving average” means the average of the 5 years before the waiver year.

(iv) “Waiver year” means the fiscal year for which a waiver from the maintenance of effort requirement in subsection (a) of this section is requested.

(2) This subsection applies to a county that has:

(i) Received a waiver under subsection (h)(1)(i) of this section from the maintenance of effort requirement; and

(ii) A required county education appropriation under subsection (a) of this section for the waiver year that exceeds 100% of the statewide 5–year moving average of education effort times a county’s local wealth.

(3) A county that satisfies the requirements under paragraph (2) of this subsection may request a rebasing waiver from the State Board.

(4) When considering whether to grant a county’s waiver request under this subsection, the State Board shall consider the following factors:

(i) Whether a county has submitted sufficient evidence that the factors in subsection (h)(5) of this section will affect a county’s ongoing ability to meet the maintenance of effort requirement;

(ii) Whether a county is at its maximum taxing authority under the law;

(iii) Whether a county’s education appropriation is commensurate with a county’s wealth;

(iv) Whether a county’s history of exceeding the required maintenance of effort has made meeting the maintenance of effort requirement in future years unsustainable; and

(v) Whether a county has received a rebasing waiver in the past 5 years.

(5) If the State Board grants a rebasing waiver under this subsection, the amount of the waiver for any fiscal year is limited to the lesser of:

(i) An amount that would result in a county’s education effort for the waiver year falling below the level established in paragraph (2)(ii) of this subsection; or

(ii) 1. For a county with a 5–year moving average for education effort that is less than or equal to 110% of the statewide 5–year moving average of education effort, 1% of the county’s required maintenance of effort requirement;

2. For a county with a 5–year moving average for education effort that is more than 110% and less than or equal to 120% of the statewide 5–year moving average of education effort, 2% of the county’s required maintenance of effort requirement; or

3. For a county with a 5–year moving average for education effort that is more than 120% of the 5–year moving statewide average of education effort, 3% of the county’s required maintenance of effort requirement.

(6) (i) If the State Board grants a rebasing waiver under this subsection, the minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the current fiscal year approved by the State Board under this subsection.

(ii) If the State Board grants a rebasing waiver to be implemented over a multiyear period, which may not exceed 3 years, in each year the minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the current fiscal year approved by the State Board under this subsection.

(7) If the State Board does not grant a waiver under this subsection, the minimum appropriation of local funds required under this section for the next fiscal year shall be calculated based on the per pupil local appropriation for the prior fiscal year in which the county met the maintenance of effort requirement under subsection (a) of this section.

(8) Nothing in this subsection precludes a county from also requesting a waiver from the maintenance of effort requirement under subsection (i) of this section for the same fiscal year as the waiver requested under this subsection.

(k) (1) This subsection applies to a county that requests a waiver under subsection (h)(1)(iv) of this section.

(2) (i) The State Board shall grant a waiver request in the amount that has been agreed on by the county and the county board that is attributable to the amount of the lease payment.

(ii) The amount of the agreed–on waiver may be less than the entire amount of the lease payment.

(iii) The amount of the agreed–on waiver may not:

1. Exceed the entire amount of the lease payment; or

2. Reduce a county’s education appropriation below the amount required in subsection (a)(1) of this section.

(3) If the county and county board have not agreed on an amount, the State Board may grant a waiver on a determination that the lease payments are comparable to the amount of debt service that would otherwise be required if the alternative financing had not been used.

(4) If the State Board grants a waiver under this subsection, the State Board shall determine the number of fiscal years for which the waiver is applicable and the minimum appropriation of local funds required under this section for the fiscal year after the expiration of the waiver.

(l) In making the calculations required under this section, the Department shall consult with the Department of Budget and Management and the Department of Legislative Services.

(m) (1) A county shall submit to the Superintendent the county’s approved budget no later than 7 days after approval of the budget or June 30, whichever is earlier.

(2) No later than 15 days after receipt of the county’s approved budget the Superintendent shall certify whether the county has met the funding requirements established under this section and shall notify the county and county board of that certification.

(n) On or before December 31 of each year the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on all waiver requests, maintenance of effort calculations made by the Department and the county, the Department’s decisions regarding waiver requests, the Department’s certification of whether a county has met the requirement, and any other information relating to a county’s request for a waiver and the Department’s maintenance of effort decisions.

(o) (1) If the Superintendent finds that a county is not complying with the provisions of subsection (a) of this section, the Superintendent shall notify the county of such noncompliance.

(2) If a county disputes the finding within 15 days after the issuance of a notice under paragraph (1) of this subsection, the dispute shall be referred promptly to the State Board for a final determination.

(3) (i) Within 15 days of receipt of certification of noncompliance by the Superintendent or the State Board and subject to subparagraph (ii) of this paragraph, the Comptroller shall, under § 2–608 of the Tax – General Article, withhold income tax revenue from the county so that the total amount withheld is equal to the amount by which a county failed to meet the requirements in subsection (a) of this section.

(ii) The Comptroller shall distribute the amount withheld under subparagraph (i) of this paragraph directly to the county board.
Md. Code, Financial Institutions § 5-608 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

If the court appoints an attorney to advise the receiver, the receiver shall set the attorney’s fees, subject to approval by the court.
Md. Code, Criminal Law § 5-310 — MD Code / Article gcr / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

The Department shall notify promptly the federal Drug Enforcement Administration of each order that suspends or revokes registration and each forfeiture of a controlled dangerous substance under this subtitle.
Md. Code, Natural Resources § 5-908.2 — MD Code / Article gnr / Title 5 / Subtitle 9 / Section 5-908.2
§5–908.
Status: in_force

§5–908.2.

(a) In this section, “Commission” means the Somers Cove Marina Advisory Commission.

(b) (1) There is a Somers Cove Marina Advisory Commission in the Department.

(2) (i) The Commission shall consist of the following members:

1. One representative from Somerset County, appointed by the Board of County Commissioners of Somerset County;

2. One representative from the City of Crisfield, appointed by the Mayor of Crisfield;

3. The Secretary, or the Secretary’s designee;

4. One representative from the commercial fishing industry;

5. One representative from the economic development or tourism industry;

6. One representative of sailboat owners, who may be a current slip holder at Somers Cove Marina; and

7. One representative of power boat owners, who may be a current slip holder at Somers Cove Marina.

(ii) The composition of the Commission shall constitute a diverse cross–section of stakeholders broadly representative of multiple interests including tourism, economic development, business communities, fishing, and boating.

(3) From among its members, the Commission shall elect a chair and a vice chair.

(4) (i) The term of a member is 4 years.

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

(iii) 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.

(5) The Commission shall meet at least biannually.

(c) The Commission shall advise the Secretary on matters related to the management, operation, maintenance, and development of Somers Cove Marina.
Md. Code, General Provisions § 5-409 — MD Code / Article ggp / Title 5 / Subtitle 4 / Section 5-409
§5–409.
Status: in_force

(a) An entity that is required to file a report, statement, or record under this title shall obtain each account, bill, receipt, book, paper, or other document necessary to complete and substantiate the report or statement.

(b) The entity shall retain the document for 3 years after:

(1) the date the report, statement, or record was filed; or

(2) if the report, statement, or record was not filed, the date the report, statement, or record was required to be filed.

(c) On request of the Ethics Commission, and after reasonable notice, the documents shall be available for inspection by the Ethics Commission.
Md. Code, State Personnel and Pensions § 5-313 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-313
§5–313.
Status: in_force

For purposes of this subtitle, the Attorney General shall:

(1) designate an assistant Attorney General to receive from applicants and employees any information the disclosure of which is otherwise protected by law;

(2) investigate each allegation of illegality or impropriety;

(3) take appropriate legal action; and

(4) if the investigation concerns an allegation of illegality or impropriety in the Executive Branch, submit a confidential report to the Governor that describes the content of the disclosure.
Md. Code, Health - General § 5-101 — MD Code / Article ghg / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

In this title, “body” means a dead human body.
Md. Code, Economic Development § 5-501 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

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

(b) “Authority” means the Maryland Small Business Development Financing Authority.

(c) “Financial institution” means:

(1) a financial institution, as defined in § 1-101 of the Financial Institutions Article; and

(2) any other lender that the Authority approves.

(d) (1) “Loan document” means an instrument or agreement that evidences, secures, or guarantees a loan.

(2) “Loan document” includes a note, financing statement, mortgage, pledge, assignment, loan and security agreement, or guaranty.

(e) (1) “Working capital” means money used to meet the cash needs of an operating business entity.

(2) “Working capital” does not include money used for a capital purchase.
Md. Code, Family Law § 5-325 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-325
§5–325.
Status: in_force

(a) An order for guardianship of an individual:

(1) except as otherwise provided in this subtitle, § 4-414 of the Estates and Trusts Article, and § 2-123 of the Real Property Article, terminates a parent’s duties, obligations, and rights toward the individual;

(2) eliminates the need for a further consent by a parent to adoption of the individual;

(3) grants a local department guardianship with the right to consent to the individual’s adoption or other planned permanent living arrangement; and

(4) terminates the individual’s CINA case.

(b) (1) Unless a juvenile court gives legal custody to another person, a child’s guardian under this subtitle has legal custody.

(2) (i) Unless a juvenile court orders otherwise and subject to review by the juvenile court, a child’s guardian may make all decisions affecting the child’s education, health, and welfare, including consenting:

1. to adoption of the child;

2. to application by the child for a driver’s license;

3. to enlistment by the child in the armed forces;

4. to marriage of the child; and

5. subject to subparagraphs (ii) and (iii) of this paragraph, to medical, psychiatric, or surgical treatment.

(ii) A child’s guardian:

1. may have the child admitted to an inpatient psychiatric facility in accordance with the standards for emergency commitment in § 10-617 of the Health - General Article for not more than 20 days;

2. except as provided in item 1 of this subparagraph, may not place the child in an inpatient psychiatric facility without express authorization of the juvenile court.

(iii) 1. A child’s guardian may not withhold or withdraw a life-sustaining procedure without the prior authorization of a juvenile court.

2. In deciding whether to grant authorization, a juvenile court shall apply the factors set forth in § 13-711(b) of the Estates and Trusts Article.

(3) A local department shall notify a juvenile court, a child’s attorney, and the attorney for each other party who has not waived the right to notice:

(i) within 2 business days after the child’s placement changes or the time required under § 5-326(b) of this subtitle, whichever is shorter;

(ii) within 2 business days after the child is placed in a psychiatric facility; or

(iii) within 2 business days after the child is absent from a placement for more than a week.

(4) A local department shall give a child’s attorney the child’s new address and telephone number within 2 business days after the address or telephone number changes.
Md. Code, Local Government § 5-204 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) (1) A municipality may change its corporate name.

(2) Before an ordinance under this subsection takes effect, a municipality shall submit the ordinance to the qualified voters of the municipality for their approval at a regular or special municipal election.

(3) A change of name may not affect any right, duty, or obligation of the municipality.

(b) A municipality may have a seal.

(c) A municipality may:

(1) acquire by conveyance, purchase, or condemnation any real or leasehold property needed for a public purpose;

(2) construct buildings on municipal property for the benefit of the municipality; and

(3) sell, at public or private sale after 20 days’ public notice, and convey to the purchaser any real or leasehold property belonging to the municipality if the legislative body of the municipality determines that the property is no longer needed for public use.

(d) (1) A municipality may grant franchises in accordance with public general law or public local law.

(2) A municipality may grant a franchise for a cable television system as provided in § 1–708 of this article.

(3) For any franchise granted under this subsection, a municipality may:

(i) impose franchise fees; and

(ii) adopt rates, rules, and regulations.

(e) A municipality may exercise the licensing authority granted by law.

(f) A municipality may:

(1) establish and regulate markets in the municipality; and

(2) license the sale of merchandise in the markets.
Md. Code, Corporations and Associations § 5-622 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-622
§5–622.
Status: in_force

(a) (1) The business of a cooperative shall be managed by a board of directors.

(2) Each cooperative shall have at least five directors.

(b) Each director shall be a member of the cooperative or of a member cooperative.

(c) (1) The bylaws shall establish:

(i) The number of directors;

(ii) The qualifications of directors other than the qualifications required under this subtitle;

(iii) The manner of holding meetings of the board of directors; and

(iv) The manner of electing successors to directors who resign, die, or are otherwise incapable of acting.

(2) The bylaws may provide for the removal of directors from office and for the election of their successors.

(d) If a husband and wife hold a joint membership in a cooperative, either one, but not both, may be elected a director.

(e) A majority of the board of directors is a quorum.

(f) (1) A director may not receive a salary for serving as a director.

(2) Except in emergencies, a director may not be employed by the cooperative in any capacity involving compensation without the approval of the members.

(3) The bylaws may authorize a fixed fee and expenses to be paid to each director for attending a meeting of the board of directors.

(g) The board of directors may exercise all of the powers of a cooperative not conferred on the members by this subtitle or the cooperative’s articles of incorporation or bylaws.
Md. Code, Criminal Procedure § 5-208 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-208
§5–208.
Status: in_force

(a) In this section, “return” means to place in the custody of a police officer, sheriff, or other commissioned law enforcement officer who is authorized to make arrests within the jurisdiction of the court.

(b) (1) Subject to paragraph (2) of this subsection, a court that exercises criminal jurisdiction shall strike out a forfeiture of bail or collateral and discharge the underlying bail bond if the defendant can show reasonable grounds for the defendant’s failure to appear.

(2) (i) The court shall allow a surety 90 days after the date of the defendant’s failure to appear or, for good cause shown, 180 days to return the defendant before requiring the payment of any forfeiture of bail or collateral.

(ii) The court shall strike out a forfeiture of bail or collateral and deduct only the actual expense incurred for the defendant’s arrest, apprehension, or surrender, if:

1. the surety paid the forfeiture of bail or collateral during the period allowed for the return of the defendant under subparagraph (i) of this paragraph;

2. the defendant is returned; and

3. the arrest, apprehension, or surrender occurs more than 90 days after the defendant’s failure to appear or at the end of the period that the court allows to return the defendant.

(c) Evidence of confinement of a fugitive defendant in a correctional facility in the United States is a wholly sufficient ground to strike out a forfeiture, if assurance is given that the defendant will come back to the jurisdiction of the court on expiration of the sentence at no expense to the State, county, or municipal corporation.

(d) (1) Except as provided in paragraph (2) of this subsection, if the court indefinitely postpones trial of a criminal charge by marking the criminal charge “stet” on the docket:

(i) the defendant or other person who gave collateral for bail or recognizance is entitled to a refund; and

(ii) if a bail bond or other security was given, the bail bond or other security shall be discharged.

(2) If the bail bond or other security has been declared forfeited and 10 years have passed since the bail bond or other security was posted, the defendant or other person may not receive a refund or discharge.

(e) (1) A court exercising criminal jurisdiction may not order a forfeiture of the bail bond or collateral posted by a surety and shall give back the bail bond or collateral to the surety if:

(i) the defendant fails to appear in court; and

(ii) the surety produces evidence, within the time limits established under subsection (b) of this section, that:

1. the defendant is confined in a correctional facility outside the State;

2. the State’s Attorney is unwilling to issue a detainer and later extradite the defendant; and

3. the surety agrees in writing to defray the expense of returning the defendant to the jurisdiction in accordance with subsection (c) of this section.

(2) Subject to paragraph (3) of this subsection, a court exercising criminal jurisdiction that has ordered forfeiture of a bail bond or collateral after expiration of the time limits established under subsection (b) of this section for a surety to return a defendant shall give back the forfeited bail bond or collateral if, within 10 years after the date the bail bond or collateral was posted, the surety produces evidence that:

(i) the defendant is confined in a correctional facility outside the State;

(ii) the State’s Attorney is unwilling to issue a detainer and later extradite the defendant; and

(iii) the surety agrees in writing to defray the expense of returning the defendant to the jurisdiction in accordance with subsection (c) of this section.

(3) (i) Subject to subparagraph (ii) of this paragraph, the court may not refund a forfeited bail bond or collateral to a surety under this subsection unless the surety paid the forfeiture of bail or collateral within the time limits established for the surety to return the defendant under subsection (b)(2)(i) of this section.

(ii) The court may refund a forfeited bail bond or collateral that was not paid within the time limits established under subsection (b) of this section, if:

1. on motion, the surety produces evidence that the defendant was incarcerated when the judgment of forfeiture was entered; and

2. the court strikes out the judgment of forfeiture for fraud, mistake, or irregularity.
Md. Code, Public Utilities § 5-405 — MD Code / Article gpu / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

(a) A railroad company or its authorized agent may agree with the owner to purchase, use, occupy, or divert the owner’s land, earth, gravel, stone, timber, streams, materials, or improvements that the company wants for the proper construction or repair of the railroad company’s roads or works.

(b) The company may acquire the property by condemnation under Title 12 of the Real Property Article if:

(1) the company cannot agree with the owner of the property; or

(2) an owner:

(i) is a minor, is adjudged to be mentally incompetent, or is under any other legal disability to contract; or

(ii) is absent from the county in which the property is located when the company wants the property.
Md. Code, Economic Development § 5-1205 — MD Code / Article gec / Title 5 / Subtitle 12 / Section 5-1205
§5–1205.
Status: in_force

(a) The Department shall designate at least one private nonprofit entity to receive grants from the Maryland Nonprofit Development Center Program Fund to implement the Program.

(b) In selecting a designee, the Department shall consider and give priority to organizations that:

(1) have experience in providing the scope of assistance and services required under § 5–1203 of this subtitle to qualifying nonprofit entities in the State;

(2) demonstrate the capacity to provide the assistance and services required under § 5–1203 of this subtitle on a statewide basis; and

(3) demonstrate current expenditures that:

(i) are equal to at least three times the amount of funding received under this section; and

(ii) have been received from other sources for the provision of assistance and services of the type required under § 5–1203 of this subtitle to nonprofit entities in the State.

(c) (1) The Department may provide a no–interest bridge loan for operating expenses of up to $25,000 to a nonprofit entity that has received written confirmation of funding from a government grant or contract but has not yet received the funding.

(2) The Department shall establish an application process for bridge loans provided under this subsection.

(3) Before providing a bridge loan under this subsection, the Department shall receive written confirmation that the nonprofit entity has been awarded a government grant or contract but has not yet received the funding.

(4) The Department shall establish a schedule for repayment for a bridge loan that:

(i) is reasonable based on the nature and payment schedule of the government grant or contract to the nonprofit entity; and

(ii) assures repayment of the bridge loan is completed no later than the date of the final grant or contract payment to the nonprofit entity.
Md. Code, Transportation § 5-212.1 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-212.1
§5–212.
Status: in_force

§5–212.1.

(a) The Executive Director may designate employees of the Administration to exercise the powers specified in subsection (b) of this section.

(b) (1) An employee appointed under this section may issue citations to the extent authorized by the Executive Director for violations of those provisions of § 5–426 of this title relating to motor vehicle parking at the airport.

(2) The issuance of citations under this section shall comply with requirements of Title 26, Subtitle 3 of this article.

(c) The Executive Director, in consultation with the chief police officer of the Maryland Transportation Authority Police and the Maryland Police Training and Standards Commission, shall adopt regulations establishing:

(1) Qualifications for employees appointed under this section including prerequisites of character, training, experience, and education; and

(2) Standards for the performance of the duties assigned to employees appointed under this section.
Md. Code, Courts and Judicial Proceedings § 5-807 — MD Code / Article gcj / Title 5 / Subtitle 8 / Section 5-807
§5–807.
Status: in_force

(a) In this section, “SLAPP suit” means a strategic lawsuit against public participation.

(b) A lawsuit is a SLAPP suit if it is:

(1) Brought in bad faith against a party who has communicated with a federal, State, or local government body or the public at large to report on, comment on, rule on, challenge, oppose, or in any other way exercise rights under the First Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration of Rights regarding any matter within the authority of a government body or any issue of public concern;

(2) Materially related to the defendant’s communication; and

(3) Intended to inhibit or inhibits the exercise of rights under the First Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration of Rights.

(c) A defendant in a SLAPP suit is not civilly liable for communicating with a federal, State, or local government body or the public at large, if the defendant, without constitutional malice, reports on, comments on, rules on, challenges, opposes, or in any other way exercises rights under the First Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration of Rights regarding any matter within the authority of a government body or any issue of public concern.

(d) A defendant in an alleged SLAPP suit may move to:

(1) Dismiss the alleged SLAPP suit, in which case the court shall hold a hearing on the motion to dismiss as soon as practicable; or

(2) Stay all court proceedings until the matter about which the defendant communicated to the government body or the public at large is resolved.

(e) This section:

(1) Is applicable to SLAPP suits notwithstanding any other law or rule; and

(2) Does not diminish any equitable or legal right or remedy otherwise available to a defendant in a SLAPP suit.
Md. Code, Financial Institutions § 5-310 — MD Code / Article gfi / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

(a) Any checks provided directly or indirectly by a banking institution or trust company for use in connection with a personal checking account shall have the numerical month and year in which the account was opened printed on the face of the checks, except as provided in subsection (b) of this section.

(b) The provisions of subsection (a) of this section shall not apply under certain conditions:

(1) If an individual personal checking account is closed at a particular bank and a joint personal account is opened at the same bank, that includes one of the customers who previously had the individual personal account, then the numerical month and year printed on the face of the checks shall be the numerical month and year in which the individual personal account was established.

(2) If a joint personal account is closed at a particular bank and an individual personal account is opened at the same bank by one of the customers who previously was included under the joint account, then the numerical month and year printed on the face of the checks shall be the numerical month and year in which the joint account was established.

(3) If a customer with an individual personal account or with a joint personal account opens an additional account at the same bank, then the numerical month and year printed on the face of the checks shall be the numerical month and year in which the initial account was established.

(4) In the case of a personal checking account that is closed and a new personal checking account opened simultaneously on the advice of the bank, the checks for the new account shall have the numerical month and year in which the closed account was originally opened printed on the face of the checks.

(5) If the closed account was opened prior to July 1, 1987, a date is not required to be printed on the checks.

(c) A check, draft, or order provided on the opening of any personal checking account for use by the customer until printed checks have been prepared is not required to have the numerical month and year in which the account was opened printed on the face of the check, draft, or order.

(d) (1) The banking institution and the check printer may not be held liable for unintentional errors in the month and year printed on the face of the checks.

(2) The customer may not be charged for the reprinting of the checks when the checks are reprinted due to error in the month and year printed on the face of the checks.
Md. Code, Business Regulation § 5-404 — MD Code / Article gbr / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

An applicant for a permit shall submit to the Director:

(1) an application on the form that the Director provides;

(2) an application fee as set by the Director; and

(3) documentation verifying the number of sales contracts subject to the sales contract fee entered into within the business’s last 2 fiscal years.
Md. Code, Family Law § 5-4A-03 — MD Code / Article gfl / Title 5 / Subtitle 4A / Section 5-4A-03
§5–4A–03.
Status: in_force

(a) The Administration may develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this State with other states to implement one or more of the purposes of this subtitle.

(b) When entered into, and for so long as it shall remain in force, the compact shall have the force and effect of law.
Md. Code, Natural Resources § 5-1610 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1610
§5–1610.
Status: in_force

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

(2) “Fund” means the Forest Conservation Fund.

(3) “Priority funding area” has the meaning stated in § 5–7B–02 of the State Finance and Procurement Article.

(b) There is a Forest Conservation Fund in the Department.

(c) Except as provided in subsection (h) of this section, if any person subject to this subtitle demonstrates to the satisfaction of the appropriate State or local authority that the requirements for reforestation or afforestation on–site or off–site cannot be reasonably accomplished and appropriate credits generated by a forest mitigation bank in the same county or watershed are not available, the person shall contribute money to the Fund:

(1) On or before September 30, 2014:

(i) For a project inside a priority funding area, at a rate of 30 cents per square foot of the area of required planting; and

(ii) For a project outside a priority funding area, at a rate of 36 cents per square foot of the area of required planting; and

(2) After September 30, 2014:

(i) For a project inside a priority funding area, at a rate adjusted for inflation as determined by the Department annually by regulation; and

(ii) For a project outside a priority funding area, at a rate that is 20% higher than the rate set under item (i) of this item.

(d) Money collected by the State or a local authority under § 5–1608(c) or § 5–1612 of this subtitle for noncompliance with this subtitle or regulations adopted under this subtitle or for noncompliance with a forest conservation plan or the associated 2–year management agreement shall be deposited in the Fund.

(e) (1) The Department shall accomplish the reforestation or afforestation for which the money is deposited within 5 years or 6 growing seasons, as appropriate, after receipt of the money.

(2) Money deposited in the Fund under subsection (c) of this section shall remain in the Fund for a period of 5 years or 6 growing seasons, and at the end of that time period, any portion that has not been used or encumbered to meet the afforestation or reforestation requirements shall be returned to the person who provided the money to be used for documented tree planting in the same county or watershed beyond that required by this subtitle or other applicable statutes.

(f) (1) (i) Money deposited in the Fund under subsection (c) of this section may only be spent on reforestation and afforestation, including site identification, acquisition, and preparation, maintenance of existing forests, and achieving urban canopy goals, and may not revert to the General Fund of the State.

(ii) Any investment earnings of the Fund shall be credited to the General Fund of the State.

(2) (i) Except as provided in subparagraph (ii) or (iii) of this paragraph, the reforestation or afforestation requirement under this subsection shall occur in the county and watershed in which the project is located.

(ii) If the reforestation or afforestation cannot be reasonably accomplished in the county and watershed in which the project is located, then the reforestation or afforestation shall occur in the county or watershed in the State in which the project is located.

(iii) If the reforestation or afforestation cannot be reasonably accomplished in the county or watershed in which the project is located, then the reforestation or afforestation shall be accomplished through purchase of credits in, establishment, or maintenance of a forest mitigation bank in accordance with regulations of the Department. The Reforestation Fund may not be used to finance administrative activities associated with a mitigation bank and any credits created by the Reforestation Fund may not be sold to compensate for additional forest impacts.

(g) Money deposited in the Fund under subsection (d) of this section may be used by the Department for the purpose of implementing this subtitle.

(h) (1) In lieu of a State Forest Conservation Fund, any local authority with an approved forest conservation program may establish a forest conservation fund, to be administered by the local authority, to allow a payment by any person who has demonstrated to the satisfaction of the local authority that:

(i) The requirements for reforestation and afforestation on–site and off–site cannot be reasonably accomplished; and

(ii) Appropriate credits generated by a forest mitigation bank in the same county or watershed are not available.

(2) (i) Subject to subparagraph (ii) of this paragraph, the rates shall be:

1. For a project inside a priority funding area, at least the same as the rates established for the State Forest Conservation Fund under subsection (c) of this section; and

2. For a project outside a priority funding area, 20% higher than the rates established under item 1 of this subparagraph.

(ii) Subject to subparagraph (iii) of this paragraph, if a local jurisdiction establishes rates for projects that are higher than the minimum rates established under subsection (c) of this section, the local authority may use a rate for a project:

1. Inside a priority funding area that is 20% lower than the rate calculated under subparagraph (i)2 of this paragraph; or

2. Outside a priority funding area that is 20% higher than the rate calculated under subparagraph (i)1 of this paragraph.

(iii) The rate established under subparagraph (ii)1 of this paragraph for a project inside a priority funding area may not be lower than the rate established for the State Forest Conservation Fund under subsection (c) of this section.

(h–1) (1) A local authority that has an established forest conservation fund shall provide to the Department:

(i) A general plan identifying appropriate and potentially available areas for mitigation projects; and

(ii) Detailed accounting procedures for accurately tracking money received into and expended out of the forest conservation fund.

(2) Local forest conservation fund mitigation plans and accounting procedures shall be made available to the public.

(i) (1) Money deposited in the local forest conservation fund under subsection (h) of this section may only be spent on reforestation and afforestation, including the costs directly related to site identification, acquisition, prepurchase, and preparation, maintenance of existing forests, and achieving urban canopy goals, and may not revert to any other local general fund.

(2) (i) Except as provided in subparagraph (ii) or (iii) of this paragraph, the reforestation or afforestation requirement under this subsection shall occur in the county and watershed in which the project is located.

(ii) If the reforestation or afforestation cannot be reasonably accomplished in the county and watershed in which the project is located, then the reforestation or afforestation shall occur in the county or watershed in the State in which the project is located.

(iii) If the reforestation or afforestation cannot be reasonably accomplished in the county or watershed in which the project is located, then the reforestation or afforestation shall be accomplished through purchase of credits in, establishment, or maintenance of a forest mitigation bank in accordance with regulations of the local forest conservation program. The Reforestation Fund may not be used to finance administrative activities associated with a mitigation bank and any credits created by the Reforestation Fund may not be sold to compensate for additional forest impacts.

(3) A local authority, consistent with § 5–1606 of this subtitle:

(i) May not collect money for deposit into its forest conservation fund unless the local authority has submitted to the Department the general mitigation plan and accounting procedures required under subsection (h–1) of this section; and

(ii) Shall ensure that the equivalent number of acres for which money is collected and paid into its forest conservation fund is mitigated in accordance with afforestation, reforestation, and conservation priorities and techniques authorized under § 5–1607 of this subtitle.

(j) Money collected by the local authority under § 5–1608(c) of this subtitle for noncompliance with this subtitle or regulations or ordinances adopted under this subtitle for noncompliance with a forest conservation plan or the associated 2–year management agreement shall be deposited in the local fund. The rate shall be 30 cents per square foot of the area found to be in noncompliance with the required forest conservation.

(k) Money deposited in a local forest conservation fund under subsection (j) of this section may be used by the local authority for purposes related to implementing this subtitle.
Md. Code, Health - General § 5-613 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-613
§5–613.
Status: in_force

(a) A health care provider that intends not to comply with an instruction of a health care agent or a surrogate shall:

(1) Inform the person giving the instruction that:

(i) The health care provider declines to carry out the instruction;

(ii) The person may request a transfer to another health care provider; and

(iii) The health care provider will make every reasonable effort to transfer the patient to another health care provider;

(2) Assist in the transfer; and

(3) Pending the transfer, comply with an instruction of a competent individual, or of a health care agent or surrogate for an individual who is incapable of making an informed decision, if a failure to comply with the instruction would likely result in the death of the individual.

(b) Nothing in this section authorizes a health care provider to provide health care to:

(1) A competent individual over the objection of that individual; or

(2) An individual incapable of making an informed decision over the objection of another person authorized by law to consent to the provision of health care for the individual.
Md. Code, Economic Development § 5-432 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-432
§5–432.
Status: in_force

The portion of the aggregate principal amount of bonds and authorized purpose obligations that the Fund insures at any time may not exceed 5 times the Fund balance.
Md. Code, Natural Resources § 5-901 — MD Code / Article gnr / Title 5 / Subtitle 9 / Section 5-901
§5–901.
Status: in_force

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

(b) “Annual program” means a schedule of acquisition or development for one fiscal year.

(c) (1) “Capital renewal”, except as provided in subsection (l)(5) of this section, means renewal of a capital project for which an improvement is necessary to ensure the physical integrity of:

(i) A facility;

(ii) Fixed equipment; or

(iii) An existing physical improvement.

(2) “Capital renewal” does not include:

(i) Preventive, routine, or operational maintenance projects instituted to ensure:

1. The aesthetic appeal of a project;

2. The general daily upkeep of a project; or

3. The maintenance of grounds surrounding a project; or

(ii) Preventive, routine, or operational road maintenance projects except for those park or recreation area road maintenance projects identified in the Governor’s operating budget or the consolidated capital budget.

(d) “Funds available under this program” means the proceeds of Program Open Space and the annual apportionment of allocation of the Land and Water Conservation Fund to the State by the United States Department of Interior, National Park Service.

(e) “Governmental agency” means the Department of Recreation and Parks of a local governing body which currently provides or is charged by the local governing body with providing public outdoor recreation and open space areas.

(f) “Land trust” has the meaning stated in § 3-2A-01(d) of this article.

(g) “Local governing body” means the Maryland-National Capital Park and Planning Commission and the governing body of any county or Baltimore City.

(h) “Local projects” means acquisition or development of projects sponsored by the local governing bodies or their units, and in the case of Baltimore City it also means operation and maintenance of projects as provided in subsection (l) of this section.

(i) “Municipal corporation” means the incorporated towns of the State as defined in Article XI-E of the Maryland Constitution.

(j) “Subdivision” means one of the 23 counties of the State or Baltimore City.

(k) “Targeted areas” means those resource areas facing the most intense or immediate development pressure as identified and recommended for State acquisition efforts under the Maryland Land Preservation and Recreation Plan.

(l) “Total project cost” means every direct cost attributable to a particular project, including the cost of:

(1) Materials;

(2) Equipment;

(3) Other capital expenditures;

(4) Acquisition of land including any incidental cost relating to acquisition of interests in real property, such as the cost of surveys, appraisals, title search, and legal fees, if the total projects which are reimbursed for incidental costs are limited to the fee schedules approved by the Board of Public Works for the incidental costs, which schedules shall be contained in regulations adopted by the Department of Natural Resources, with the approval of the Board of Public Works, in accordance with Title 10, Subtitle 1 of the State Government Article; or

(5) For Baltimore City operation and maintenance of any recreational facilities owned and operated by the City, if the amount of the funds expended does not exceed the proportion of the allocation to Baltimore City which is derived from current revenues, as distinguished from proceeds of bond issues.
Md. Code, Courts and Judicial Proceedings § 5-406 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

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

(2) (i) “Agent of an association or organization” means a director, officer, trustee, employee, or volunteer of an association or organization who provides services or performs duties on behalf of the association or organization.

(ii) “Agent of an association or organization” does not include an independent contractor who provides services or performs duties on behalf of the association or organization on a contractual basis.

(3) “Association or organization” means:

(i) An athletic club;

(ii) A charitable organization;

(iii) A civic league or organization;

(iv) A community association;

(v) A cooperative housing corporation as that term is defined under § 5-6B-01 of the Corporations and Associations Article;

(vi) A council of unit owners of a condominium as that term is defined in § 11-101 of the Real Property Article; or

(vii) A homeowners’ association.

(4) “Athletic club” means a club organized and operated exclusively for recreational purposes that is exempt from taxation under § 501(c)(7) of the Internal Revenue Code.

(5) “Charitable organization” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

(6) “Civic league or organization” means an organization, operated exclusively for the promotion of social welfare, that is exempt from taxation under § 501(c)(4) of the Internal Revenue Code.

(7) “Community association” means a nonprofit association, corporation, or other organization that registers with the Secretary of State under § 7-108 of the State Government Article and:

(i) 1. Is composed of at least 25% of the adult residents of a local community that:

A. Consists of at least 40 households; and

B. Is defined by specific geographic boundaries in the bylaws or charter of the organization;

2. At least annually, requires the payment of dues;

3. Promotes social welfare and general civic improvement; and

4. In the case of a corporation, is in good standing;

(ii) 1. Is composed of at least 100 adult residents, but less than 25% of the adult residents of a local community that:

A. Consists of at least 40 households; and

B. Is defined by specific geographic boundaries in the bylaws or charter of the organization;

2. Was organized on or before January 1, 2000, and has been in continuous operation since that date; and

3. Meets the requirements of item (i)2, 3, and 4 of this paragraph; or

(iii) 1. Is composed of more than one of the organizations described in item (i) or item (ii) of this paragraph; and

2. Each of those organizations meets the requirements of item (i) or item (ii) of this paragraph.

(8) “Compensation” does not include actual and necessary expenses that are incurred by a volunteer in connection with the services provided or duties performed by the volunteer on behalf of an association or organization, and that are reimbursed to the volunteer or otherwise paid.

(9) “Homeowners’ association” means a nonprofit association, corporation, or other organization comprised of property owners in a subdivision or group of subdivisions whose purpose is to represent the mutual interests of the property owners regarding the construction, protection, and maintenance of the commonly owned or used property and improvements.

(10) “Suit” means any civil action, except any health care malpractice action, brought against an agent of an association or organization or against the association or organization by virtue of the agent’s act or omission in providing services or performing duties on behalf of the association or organization.

(11) “Volunteer” means an officer, director, trustee, or other person who provides services or performs duties on behalf of an association or organization without receiving compensation.

(b) Except as provided in subsection (d) of this section, an agent of an association or organization is not personally liable for damages in any suit if:

(1) The association or organization maintains insurance covering liability incurred by the association or organization or its agents, or both, as a result of the acts or omissions of its agents in providing services or performing duties on behalf of the association or organization;

(2) The terms of the insurance policy under which the insurance is maintained provide coverage for the act or omission which is the subject matter of the suit and no meritorious basis exists for the denial of the coverage by the insurance carrier; and

(3) The insurance has:

(i) A limit of coverage of not less than:

1. $200,000 per individual claim, and $500,000 per total claims that arise from the same occurrence; or

2. $750,000 per policy year, and $500,000 per total claims that arise from the same occurrence; and

(ii) 1. If the insurance has a deductible, a deductible amount not greater than $10,000 per occurrence; or

2. If there is coinsurance, a rate of coinsurance not greater than 20 percent.

(c) In suits to which the provisions of subsection (b) of this section apply, the plaintiff may recover damages from the association or organization only to the extent of the applicable limit of insurance coverage including any amount for which the association or organization is responsible as a result of any deductible or coinsurance provisions of such insurance coverage.

(d) An agent of an association or organization shall be liable for damages in any suit in which it is found that the agent acted with malice or gross negligence, to the extent that the judgment for damages exceeds the limits on liability under subsection (c) of this section.

(e) The provisions of this section do not apply to suits brought by the Attorney General upon referral by the Secretary of State in which willful violations of Title 6 of the Business Regulation Article are alleged and proven.

(f) (1) This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against an association or organization or an agent of an association or organization.

(2) This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law, to which an association or organization or an agent of an association or organization may be entitled.

(g) This section may be cited as the Maryland Associations, Organizations, and Agents Act.
Md. Code, Financial Institutions § 5-906 — MD Code / Article gfi / Title 5 / Subtitle 9 / Section 5-906
§5–906.
Status: in_force

(a) The Commissioner shall decide whether to approve an application under § 5-904 of this subtitle within 60 days of receipt of a completed application.

(b) An application shall be deemed approved if the Commissioner takes no action on the application within the time limits specified in this section.
Md. Code, Family Law § 5-3B-20 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-20
§5–3B–20.
Status: in_force

(a) This section does not apply to an adoption of an adult.

(b) A court may enter an order for adoption only if:

(1) (i) 1. each of the prospective adoptee’s living parents consents:

A. in writing; or

B. by failure to timely file notice of objection after being served with a show–cause order in accordance with this subtitle;

2. an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the unit or person consents; or

3. parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5–3B–04 of this subtitle; and

(ii) if the prospective adoptee is at least 10 years old, the prospective adoptee consents; or

(2) in accordance with § 5–3B–22 of this subtitle, the court orders adoption without consent otherwise required under this section.
Md. Code, Courts and Judicial Proceedings § 5-203.1 — MD Code / Article gcj / Title 5 / Subtitle 2 / Section 5-203.1
§5–203.
Status: in_force

§5–203.1.

(a) This section applies only to a survival cause of action arising from conduct that constitutes a criminal homicide under State or federal law.

(b) If knowledge of a cause of action concerning a homicide or the identity of a person who contributed to the homicide is kept from a party by the conduct of an adverse party or an accessory or accomplice of an adverse party:

(1) The cause of action shall be deemed to accrue at the time the party discovered or should have discovered by the exercise of ordinary diligence the homicide and the identity of the person who contributed to the homicide; and

(2) A presumption shall exist that the party should have discovered by the exercise of ordinary diligence the identity of the person who contributed to the homicide after:

(i) A charging document is filed against the person alleged to have participated in the homicide; and

(ii) The charging document is unsealed and available to the public.
Md. Code, Courts and Judicial Proceedings § 5-638 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-638
§5–638.
Status: in_force

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

(2) “Alternative health care system” has the meaning stated in § 1-401 of the Health Occupations Article.

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

(4) “Physician” has the meaning stated in § 14-101 of the Health Occupations Article.

(5) “Related institution” has the meaning stated in § 14-101 of the Health Occupations Article.

(b) A person described in § 14-502(b) of the Health Occupations Article is not civilly liable for giving information to any hospital, hospital medical staff, related institution, or health care facility, alternative health system, professional society, medical school, or professional licensing board, if the person:

(1) Gives the information in good faith and with the intention of aiding in the evaluation of the qualifications, fitness, or character of a physician; and

(2) Does not represent as true any matter that the person does not reasonably believe to be true.
Md. Code, Corporations and Associations § 5-5A-15 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-15
§5–5A–15.
Status: in_force

(a) Each cooperative shall have the following officers:

(1) President or chairman;

(2) Vice president or vice chairman;

(3) Secretary; and

(4) Treasurer.

(b) The offices of secretary and treasurer may be combined.

(c) In addition to the required officers, a cooperative may have any other officers provided for in the bylaws.

(d) The president or chairman and vice president or vice chairman shall be elected by and from among the directors.
Md. Code, Public Safety § 5-112 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-112
§5–112.
Status: in_force

(a) A dealer’s license is not transferable.

(b) Before moving a place of business, a licensee shall inform the Secretary and surrender the dealer’s license.

(c) If a cause to revoke the dealer’s license does not exist, the Secretary shall issue a new dealer’s license without charge covering the new place of business for the rest of the term of the surrendered dealer’s license.
Md. Code, Corporations and Associations § 5-332 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-332
§5–332.
Status: in_force

(a) The trustees of a religious corporation subject to this part shall be elected by the congregation of the religious corporation in accordance with its charter.

(b) If a vacancy exists in the office of trustee and the charter of the religious corporation does not provide for filling the vacancy, the congregation of the religious corporation may fill the vacancy.
Md. Code, Transportation § 5-905 — MD Code / Article gtr / Title 5 / Subtitle 9 / Section 5-905
§5–905.
Status: in_force

(a) After notice and opportunity for hearing, the Administration may suspend, revoke, or refuse to issue an air school license if it reasonably determines that the air school is unqualified.

(b) In determining whether a license should be suspended, revoked, or refused, the Administration shall be governed by the standards required by § 5-208 of this title and, among other things, shall consider:

(1) Whether the air school has violated any law of this State or of the United States relating to aeronautics; and

(2) Whether any instructor of the air school:

(i) Is addicted to the use of narcotics or other habit forming drugs;

(ii) Is addicted to the excessive use of alcoholic beverages;

(iii) Has made a material false statement in connection with an application to the Administration under this subtitle; or

(iv) Has been guilty of conduct dangerous to the public safety or to the safety of those engaged in aeronautics.
Md. Code, Family Law § 5-3B-26 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-26
§5–3B–26.
Status: in_force

If a petition to invalidate an order under this subtitle on the basis of a jurisdictional or procedural defect is filed more than 1 year after entry of the order, a court shall dismiss the petition.
Md. Code, Environment § 5-605 — MD Code / Article gen / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

(a) A person shall obtain a permit from the Department to appropriate or use or to construct any well, plant, building, or structure which may appropriate or use geothermal resources of the State. The permit is obtained upon written application to the Department. The applicant for the permit must have the legal right to use the surface and give assurance of this right.

(b) The application shall be accompanied by the following information and any other information as required by the Department:

(1) A project description specifying:

(i) What is planned to be constructed, its purpose, use, location, estimated cost, and size; and

(ii) The methods of construction, construction schedule, and operation procedure;

(2) A list of licenses, permits, or other approvals required by any government unit;

(3) Detailed information as to the need for the use and facts concerning alternate site locations as may be requested by the Department; and

(4) Information providing proof of the discovery of a geothermal resource and an evaluation of the resource.

(c) After public notice and opportunity for public hearing, the Department may issue a permit for the appropriation or use of geothermal resources if the Department finds that the applicant has demonstrated that the use:

(1) Conforms with and meets all applicable air, water, and noise laws of the State;

(2) Conforms with all applicable State and local plans;

(3) Would have no material adverse effect upon the natural environment of the area, its scenic or natural beauty, rare or irreplaceable resources, or unique historic site;

(4) Would not be so located, constructed, or operated as to have a material adverse effect upon the public health, safety, or welfare;

(5) Would not be a potential or immediate undue burden on the water supply of the site or region; and

(6) Would not cause an unreasonable rate of resource exhaustion.

(d) The permit required by this section shall be in lieu of any permit required by Subtitle 5 of this title or Title 9, Subtitle 13 of this article.
Md. Code, State Finance and Procurement § 5-308 — MD Code / Article gsf / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

(a) On the request of the Governor, the General Assembly, or the Legislative Policy Committee, the Department shall submit a special report on any aspect of the work of the Department that is considered to be of current interest.

(b) The Department may submit a special report on any aspect of its work that the Secretary considers to be of current interest.

(c) The Department shall make special reports on major research and planning projects, as distinguished from mere compilations of current information, available as soon as practicable after completion.

(d) The Department shall distribute a copy of a special report:

(1) subject to § 2-1257 of the State Government Article, to the General Assembly;

(2) to the head of each department of the State government;

(3) to the head of each local or regional planning agency in the State; and

(4) on request, to any federal agency.

(e) The Department shall make copies of special reports available for general distribution or sale.
Md. Code, Family Law § 5-554.1 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-554.1
§5–554.
Status: in_force

§5–554.1.

The State Department of Education shall conduct a cross–reference check, including cross–referencing the individual and the individual’s address, with the central registry of registrants transmitted weekly by the Department under § 11–713 of the Criminal Procedure Article, of:

(1) an employee, employer, or individual identified in § 5–551(a)(1) or (2) or (b)(5)(i) of this subtitle; and

(2) an individual who provides or agrees to provide informal child care, as defined in child care subsidy regulations adopted under Title 13A of the Code of Maryland Regulations.
Md. Code, Corporations and Associations § 5-6B-26.1 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-26.1
§5–6B–26.
Status: in_force

§5–6B–26.1.

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

(2) “Reserve study” means a study of the reserves required for future major repairs and replacement of the common elements of a cooperative housing corporation that:

(i) Using an itemized list, clearly identifies each structural, mechanical, electrical, and plumbing component of the common elements and any other components that:

1. Are the responsibility of the cooperative housing corporation to repair and replace; and

2. If applicable, meet a minimum cost of repair or replacement, as determined by the governing body, that is:

A. Reasonably based on the expenses of the cooperative housing corporation; and

B. Not a minor expense that is otherwise addressed by the budget of the cooperative housing corporation;

(ii) States the normal useful life and the estimated remaining useful life of each identified component;

(iii) States the estimated cost of repair or replacement of each identified component;

(iv) States the estimated annual reserve amount necessary to accomplish any identified future repair or replacement; and

(v) States the quantity or size of each identified component using the appropriate measurement, such as unit amount, square footage, or cubic feet.

(3) “Updated reserve study” means, for the common elements since the prior reserve study was completed within the previous 5 years, a study that:

(i) Revises replacement cost, remaining life, and useful life estimates;

(ii) Analyzes work performed and amounts spent; and

(iii) Identifies whether any maintenance contracts are in place.

(b) (1) This subsection applies only to a cooperative housing corporation established in:

(i) Prince George’s County on or after October 1, 2020;

(ii) Montgomery County on or after October 1, 2021; or

(iii) Any county other than Prince George’s County or Montgomery County on or after October 1, 2022.

(2) The governing body of the cooperative housing corporation shall have an independent reserve study completed not less than 30 calendar days before the first meeting of the cooperative housing corporation at which the members other than the owner have a majority of votes in the cooperative housing corporation.

(3) The governing body shall have an updated reserve study completed within 5 years after the date of the initial reserve study conducted under paragraph (2) of this subsection, which shall be updated at least every 5 years thereafter.

(c) (1) (i) This paragraph applies only to a cooperative housing corporation established in Prince George’s County before October 1, 2020.

(ii) If the governing body of a cooperative housing corporation has had a reserve study conducted on or after October 1, 2016, the governing body shall have an updated reserve study conducted within 5 years after the date of that reserve study and at least every 5 years thereafter.

(iii) If the governing body of a cooperative housing corporation has not had a reserve study conducted on or after October 1, 2016, the governing body shall have a reserve study conducted on or before October 1, 2021, and an updated reserve study at least every 5 years thereafter.

(2) (i) This paragraph applies only to a cooperative housing corporation established in Montgomery County before October 1, 2021.

(ii) If the governing body of a cooperative housing corporation has had a reserve study conducted on or after October 1, 2017, the governing body shall have an updated reserve study conducted within 5 years after the date of that reserve study and at least every 5 years thereafter.

(iii) If the governing body of a cooperative housing corporation has not had a reserve study conducted on or after October 1, 2017, the governing body shall have a reserve study conducted on or before October 1, 2022, and an updated reserve study at least every 5 years thereafter.

(3) (i) This paragraph applies to a cooperative housing corporation established in any county other than Prince George’s County or Montgomery County before October 1, 2022.

(ii) If the governing body of a cooperative housing corporation has had a reserve study conducted on or after October 1, 2018, the governing body shall have an updated reserve study conducted within 5 years after the date of that reserve study and at least every 5 years thereafter.

(iii) If the governing body of a cooperative housing corporation has not had a reserve study conducted on or after October 1, 2018, the governing body shall have a reserve study conducted on or before October 1, 2023, and an updated reserve study at least every 5 years thereafter.

(d) Each reserve study and updated reserve study required under this section shall:

(1) Be prepared by a person who:

(i) Has prepared at least 30 reserve studies within the prior 3 calendar years;

(ii) Has participated in the preparation of at least 30 reserve studies within the prior 3 calendar years while employed by a firm that prepares reserve studies;

(iii) Holds a current license from the State Board of Architects or the State Board for Professional Engineers; or

(iv) Is currently designated as a reserve specialist by the Community Association Institute or as a professional reserve analyst by the Association of Professional Reserve Analysts;

(2) Be available for inspection and copying by any unit owner;

(3) Be reviewed by the governing body of the cooperative housing corporation in connection with the preparation of the annual proposed budget; and

(4) Be summarized for submission with the annual proposed budget to the unit owners.

(e) To the extent that a reserve study conducted in accordance with this section indicates a need to budget for reserves, the budget shall include:

(1) For the capital components, the current estimated:

(i) Replacement cost;

(ii) Remaining life; and

(iii) Useful life;

(2) The amount of accumulated cash reserves set aside for the repair, replacement, or restoration of capital components as of the beginning of the fiscal year in which the reserve study is conducted and the amount of the expected contribution to the reserve fund for the fiscal year;

(3) A statement describing the procedures used for estimation and accumulation of cash reserves in accordance with this section; and

(4) A statement of the amount of reserves recommended in the study and the amount of current cash for replacement reserves.

(f) (1) (i) 1. Subject to paragraph (2) of this subsection and subparagraph (ii) of this paragraph, the governing body of a cooperative housing corporation shall deposit funds to the reserve account in accordance with the most recent reserve study or updated reserve study and the funding plan required under subsection (g) of this section on or before the last day of each fiscal year and shall review the reserves and the most recent reserve study or updated reserve study annually to determine whether there is adequate funding in accordance with the funding plan required under subsection (g) of this section.

2. The annual review under subsubparagraph 1 of this subparagraph does not require a reserve study or updated reserve study in addition to the reserve study requirements under subsections (b) and (c) of this section.

(ii) Subject to paragraph (2) of this subsection, if the most recent reserve study was an initial reserve study, the governing body shall, within 5 fiscal years following the fiscal year in which the initial reserve study was completed, attain the annual reserve funding level recommended in the initial reserve study in accordance with the funding plan under subsection (g) of this section.

(2) (i) The governing body of a cooperative housing corporation may determine by a two–thirds majority vote that the cooperative housing corporation and the members are experiencing a financial hardship that limits the ability to fund reserves that are required under paragraph (1)(i) or (ii) of this subsection.

(ii) Subject to subparagraphs (iii) through (v) of this paragraph, if a governing body makes a financial hardship determination based on the reserve funding requirements of paragraph (1)(i) or (ii) of this subsection:

1. The cooperative housing corporation may reasonably deviate from that reserve funding requirement; and

2. The funding level under that requirement shall be at least the funding amount necessary for the purposes specified under subsection (g)(3) of this section.

(iii) 1. Except as provided in subsubparagraph 2 of this subparagraph, a cooperative housing corporation may not deviate from the reserve funding requirements of paragraph (1)(i) or (ii) of this subsection for a period of more than 1 fiscal year following the financial hardship determination.

2. The governing body may renew a financial hardship determination under subparagraph (i) of this paragraph by a two–thirds majority vote to extend the period that a cooperative housing corporation may deviate from the reserve funding requirement by 1 fiscal year following the renewal.

(iv) The governing body shall:

1. Make good faith efforts to resolve the financial hardship and resume funding reserves as required under paragraph (1)(i) or (ii) of this subsection;

2. Maintain detailed documentation of the good faith efforts made under item 1 of this subparagraph; and

3. Treat the documents under item 2 of this subparagraph as records for examination and copying under § 5–6B–26 of this subtitle.

(v) 1. All members shall be given reasonable notice in advance of a vote on an initial or a renewal of a financial hardship determination under this paragraph.

2. A vote on an initial or a renewal of a financial hardship determination under this paragraph may be taken only at a regular or special meeting of the cooperative housing corporation.

(3) The governing body of a cooperative housing corporation has the authority to increase an assessment levied to cover the reserve funding amount required under this section, notwithstanding any provision of the articles of incorporation, bylaws, or proprietary lease restricting assessment increases or capping the assessment that may be levied in a fiscal year.

(g) (1) The governing body of a cooperative housing corporation shall, in consultation with a person identified under subsection (d)(1) of this section, develop a funding plan to determine how to fund the reserves necessary under this section.

(2) In developing the funding plan under this subsection, the governing body shall select one of the following methods to achieve the reserve funding under this section:

(i) The component method;

(ii) The cash flow method;

(iii) The baseline funding method;

(iv) The threshold cash flow method; or

(v) Any other funding method consistent with generally accepted accounting principles.

(3) A funding plan developed under this subsection shall prioritize adequate amounts for repair and replacement of common elements of the cooperative housing corporation that are necessary for:

(i) The health, safety, and well–being of the occupants;

(ii) Ensuring structural integrity, such as roofing replacements and maintaining structural systems;

(iii) Essential functioning, such as plumbing, sewer, heating, cooling, and electrical infrastructure; and

(iv) Any other essential or critical purpose, as determined by the governing body.

(4) Reserves may be used for purposes other than those specified in the funding plan if the funds are repaid to the reserve fund within 5 years after their use.

(5) A governing body shall review progress toward compliance with the funding plan developed under this subsection at each annual meeting of the governing body.
Md. Code, Economic Development § 5-542 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-542
§5–542.
Status: in_force

(a) To apply for financial assistance from the Fund, a financial institution shall submit to the Authority an application on the form that the Authority provides.

(b) The application shall include:

(1) a detailed description of the proposed use of the loan proceeds, including projected cash flow analyses, marketing plans, and appraisals;

(2) a detailed description of the funds available to the applicant;

(3) a detailed description of the proposed loan documents to be executed by the financial institution and the applicant;

(4) a detailed description of the property proposed as collateral for the loan and the financial institution’s certification of the property’s value;

(5) information that demonstrates the inability of the applicant to obtain adequate financing on reasonable terms through normal lending channels;

(6) information that demonstrates the financial status of the applicant, including:

(i) a current balance sheet;

(ii) a profit and loss statement; and

(iii) credit references;

(7) a proposed disbursement schedule;

(8) a proposed amortization schedule;

(9) a detailed description of the applicant’s experience in the trade or business for which the loan and guarantee are requested;

(10) information that shows that the applicant satisfies the requirements of § 5-541 of this subtitle; and

(11) any other relevant information that the Authority requests.

(c) The Authority may require an applicant to provide an audit report and balance sheet certified by an independent certified public accountant in accordance with generally accepted accounting principles before the Authority approves or denies the application.
Md. Code, Education § 5-102 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) In this subtitle, “county council” means, in Baltimore City, the Mayor and City Council of Baltimore.

(b) (1) Each county board shall submit an annual school budget in writing to the county commissioners, county council, or county executive.

(2) The budget shall be submitted not less than 45 days before the date for levying local taxes or on an earlier date on or after March 1 as may be requested by the county fiscal authority.

(c) (1) This subsection applies only to a county that has a county governing body that consists of a county executive and county council.

(2) The county executive shall indicate in writing which major categories of the annual budget of the county board have been denied in whole or reduced in part and the reason for the denial or reduction.

(3) The county council may restore any denial or reduction made by the county executive in the annual budget submitted by the county board.

(4) In Baltimore County, the County Council may not restore any denial or reduction made by the County Executive.

(5) This paragraph applies to Baltimore County and supersedes paragraph (4) of this subsection only if the voters of Baltimore County approve an amendment to the Baltimore County Charter that grants the County Council the authority to restore any denial or reduction made by the County Executive in the budget submitted by the county board. The Baltimore County Council may restore any denial or reduction made by the County Executive if it publicly states the amount the restoration represents in the county tax rate.

(d) (1) In Baltimore City, the City Council may not restore any denial or reduction made by the Mayor.

(2) (i) This paragraph applies to Baltimore City and supersedes paragraph (1) of this subsection only if the voters of Baltimore City approve an amendment to the Baltimore City Charter that grants the City Council the authority to restore any denial or reduction made by the Mayor in the budget submitted by the county board.

(ii) The Baltimore City Council may restore any denial or reduction made by the Mayor if it publicly states the amount the restoration represents in the city tax rate.

(e) (1) Copies of the budget shall be made available to the public, on request, at the time it is submitted by the county board.

(2) A copy of the budget as approved by the county commissioners or county council shall be sent to the State Superintendent within 30 days after approval and posted on the county board’s public–facing website, in an easily identifiable location.

(3) A copy of the budget submitted under subsection (b)(1) of this section shall be placed on the county board’s public–facing website, in an easily identifiable location.
Md. Code, Labor and Employment § 5-1301 — MD Code / Article gle / Title 5 / Subtitle 13 / Section 5-1301
§5–1301.
Status: in_force

In this subtitle, “Board” has the meaning stated in § 5–301 of this title.
Md. Code, Business Occupations and Professions § 5-406 — MD Code / Article gbo / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

Each registered individual shall display the certificate of registration conspicuously in the individual's place of employment or training.
Md. Code, Economic Development § 5-330 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-330
§5–330.
Status: in_force

(a) Except as provided in subsection (b) of this section, to qualify for a grant from the Fund, a local government shall provide at least an equal and matching grant of money to the local economic development fund.

(b) A local government that is, or is located in, a Tier I county may qualify for a grant from the Fund by providing a grant to the local economic development fund in an amount equal to at least 50% of the grant from the Fund.
Md. Code, Health - General § 5-505 — MD Code / Article ghg / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person may not require that a cremation be performed with a casket. However, the use of a simple container may be required.

(b) The person arranging for final disposition of a body may specify that a casket:

(1) Be used before cremation;

(2) Be consumed during cremation;

(3) Be used after cremation; or

(4) Not be used before, during, or after cremation.
Md. Code, Economic Development § 5-2604 — MD Code / Article gec / Title 5 / Subtitle 26 / Section 5-2604
§5–2604.
Status: in_force

(a) The Department shall provide staff support to the Commission.

(b) The Commission may retain consultants as necessary.
Md. Code, Health - General § 5-1001 — MD Code / Article ghg / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: in_force

In this subtitle, “State team” means the Maryland Suicide Fatality Review Committee.
Md. Code, Agriculture § 5-210.1 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-210.1
§5–210.
Status: in_force

§5–210.1.

The Secretary may enter into reciprocal agreements with other states to provide that nonresident applicators or pest control consultants may be exempt from examination requirements under this subtitle if certified under equivalent plans of other states approved by the federal Environmental Protection Agency granting similar exemptions to residents of this State, upon payment of such fees as are required by Maryland applicators or pest control consultants and upon meeting any additional requirements that may be required in the agreement.
Md. Code, Economic Development § 5-1401 — MD Code / Article gec / Title 5 / Subtitle 14 / Section 5-1401
§5–1401.
Status: in_force

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

(b) “Area” means a geographic area in one or more political subdivisions in the State described by a closed perimeter boundary.

(c) “Fund” means the Regional Institution Strategic Enterprise Zone Fund created under § 5–1408 of this subtitle.

(d) “Nonprofit organization” means an organization that is exempt or eligible for exemption from taxation under § 501(c)(3) of the Internal Revenue Code.

(e) “Qualified institution” means an entity that is designated as a qualified institution under § 5–1403 of this subtitle and may include:

(1) a regional higher education center as defined under § 10–101 of the Education Article;

(2) an institution of higher education as defined under § 10–101 of the Education Article; or

(3) a nonprofit organization that is affiliated with a federal agency.

(f) “RISE zone” means a geographic area in immediate proximity to a qualified institution that is targeted for increased economic and community development that meets the requirements of § 5–1404 of this subtitle and is designated as a Regional Institution Strategic Enterprise zone by the Secretary under § 5–1404 of this subtitle.