Md. Code, Corporations and Associations § 5-6B-10 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-10
§5–6B–10.
Status: in_force

(a) The intent of the General Assembly of Maryland is to facilitate the orderly development of cooperative housing corporations in Maryland. The General Assembly recognizes, however, that the conversion of residential rental facilities to cooperative housing corporations or condominiums can have an adverse impact on the availability of rental units, resulting in the displacement of tenants.

(b) A county or incorporated municipality may, by legislative finding, recognize and declare that a rental housing emergency exists in all or a part of its jurisdiction and has been caused by the conversion of residential rental facilities. Any legislative finding shall exist for one year, subject to any extensions for periods of one year at a time. The jurisdiction shall consider and make findings as to:

(1) The nature and incidence of conversions of residential rental facilities;

(2) The resulting hardship to and displacement of tenants; and

(3) The scarcity of rental housing.

(c) Upon the finding and declaration of a rental housing emergency caused by the conversion of rental housing, a county or an incorporated municipality may by the enactment of laws, ordinances, and regulations, take the following actions to meet the emergency:

(1) Grant to a designated family as defined in § 5-6B-07 of this subtitle a right to an extended lease for a period in addition to that period provided for in § 5-6B-07 of this subtitle. The right to an extended lease may not, in any event, result in a requirement that a developer set aside for an extended lease more than 20 percent of the total number of units.

(2) Otherwise extend the provisions of § 5-6B-07 of this subtitle except that:

(i) More than 20 percent of the total number of units may not be required to be set aside; and

(ii) The term of an extended lease for a family made a designated family by a county or an incorporated municipality may not exceed 3 years.

(3) Require that the notice required to be given under § 5-6B-05 of this subtitle be altered to disclose the effects of any actions taken under this section.

(d) Within 10 days after the enactment of a law, ordinance, or regulation under this section, a county or incorporated municipality shall forward a copy of the law, ordinance, or regulation to the Secretary of State.
Md. Code, General Provisions § 5-819 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-819
§5–819.
Status: in_force

(a) In accordance with this section, a school board may adopt regulations relating to lobbying of members of the school board and of officials and employees of the school system.

(b) The lobbying regulations adopted by a school board under subsection (a) of this section:

(1) shall be substantially similar to the provisions of Subtitle 7 of this title; but

(2) (i) may be modified to the extent necessary to make the provisions relevant to that school system; and

(ii) may be further modified to the extent considered necessary and appropriate by and for that school system.

(c) Unless a school board adopts and maintains lobbying regulations under this subtitle, the provisions enacted by the county under § 5–810 of this subtitle shall apply to that school system.
Md. Code, Courts and Judicial Proceedings § 5-1103 — MD Code / Article gcj / Title 5 / Subtitle 11 / Section 5-1103
§5–1103.
Status: in_force

(a) A petition for a transfer of structured settlement payment rights under § 5–1102 of this subtitle shall be filed:

(1) If the payee resides in this State, in the circuit court for the county in which the payee resides; or

(2) If the payee does not reside in this State, in the circuit court:

(i) That approved the structured settlement agreement; or

(ii) In which the settled claim was pending when the parties entered into the structured settlement agreement, if the structured settlement was not court approved.

(b) A transferee shall file with the court and serve on the interested parties at least 20 days before the hearing on the petition, a notice of the proposed transfer and a petition for its authorization, including:

(1) A copy of the transferee’s petition;

(2) A copy of the transfer agreement; and

(3) Notification:

(i) Of the time and place of the hearing; and

(ii) That each interested party is entitled to support, oppose, or otherwise respond to the transferee’s petition, in person or by counsel, by submitting written comments to the court or by participating in the hearing.
Md. Code, Public Utilities § 5-406 — MD Code / Article gpu / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

(a) (1) A railroad company may change the location or grade of any portion of its road if the company finds the change is necessary for any reasonable cause, including to avoid:

(i) inconvenience to public travel;

(ii) dangerous or difficult curves or grades; or

(iii) unsafe or unsubstantial grounds or foundations.

(2) A change of location or grade under this section shall follow the general route of the existing road.

(3) A railroad company may enter on and take land and make surveys necessary to make the change in location or grade in accordance with Title 12 of the Real Property Article.

(b) (1) A railroad company is liable to the owner of the land on which the road was constructed for any damages caused by a change in location or grade of the road.

(2) The amount of damages determined shall be paid to the owner or deposited into court.

(3) An owner shall claim damages within:

(i) 30 days after actual notice of the intended change has been given to the owner, if the owner resides on the premises; or

(ii) 60 days after publication of notice in a newspaper in general circulation in the county, if the owner is a nonresident.

(c) If a railroad company condemns land under this section, the condemnation is binding on the company, unless the company chooses to abandon the location within 30 days after making the condemnation.
Md. Code, Labor and Employment § 5-1001 — MD Code / Article gle / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: in_force

In this subtitle, “Program” means the Voluntary Protection Program established under § 5–1002 of this subtitle.
Md. Code, General Provisions § 5-402 — MD Code / Article ggp / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

(a) For further action after the filing of a complaint, the Ethics Commission promptly shall refer the complaint to:

(1) the Commission on Judicial Disabilities, if the complaint concerns a judge of a court established under Article IV, § 1 of the Maryland Constitution;

(2) the Joint Ethics Committee, if the complaint concerns:

(i) a State official of the Legislative Branch; and

(ii) a violation of Subtitle 5 of this title; or

(3) the staff counsel, if the complaint concerns any other entity.

(b) On request of the Commission on Judicial Disabilities or the Joint Ethics Committee, the Ethics Commission shall provide any information or assistance that is not prohibited by law.
Md. Code, Health - General § 5-404.1 — MD Code / Article ghg / Title 5 / Subtitle 4 / Section 5-404.1
§5–404.
Status: in_force

§5–404.1.

In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties:

(1) To adopt regulations to carry out the provisions of this title; and

(2) To set reasonable fees, by regulation, for its services.
Md. Code, Agriculture § 5-2A-02 — MD Code / Article gag / Title 5 / Subtitle 2A / Section 5-2A-02
§5–2A–02.
Status: in_force

(a) This section does not apply to:

(1) Pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals that are harmful to the health of a domesticated animal;

(2) Personal care products used to mitigate lice and bedbugs; and

(3) Indoor pest control products used to mitigate insects indoors, including ant bait.

(b) (1) On or after January 1, 2018, a person may not sell at retail in the State a neonicotinoid pesticide unless the person also sells a restricted use pesticide.

(2) A person that sells a neonicotinoid pesticide under paragraph (1) of this subsection:

(i) May sell a neonicotinoid pesticide only to a certified applicator or a farmer; and

(ii) Shall store each neonicotinoid pesticide in a manner that is inaccessible to a customer without the assistance from the person or an employee of the person.

(c) On or after January 1, 2018, a person may not use a neonicotinoid pesticide unless the person is:

(1) A certified applicator or a person working under the supervision of a certified applicator;

(2) A farmer, or a person under the supervision of a farmer, who uses the pesticide for agricultural purposes, including crop production, livestock, poultry, equine, and noncrop agricultural fields; or

(3) A veterinarian.
Md. Code, Labor and Employment § 5-327 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-327
§5–327.
Status: in_force

(a) The Commissioner may modify or revoke a permanent variance at any time, on the Commissioner’s own initiative and after a hearing.

(b) If at least 6 months have elapsed since the Commissioner granted the permanent variance, on an application of an employee or employer and after a hearing, the Commissioner may modify or revoke the permanent variance.
Md. Code, Courts and Judicial Proceedings § 5-635 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-635
§5–635.
Status: in_force

(a) In this section, “customer” means an individual who is lawfully on the premises of a retail establishment.

(b) A retail establishment and any employee of a retail establishment are not civilly liable for any act or omission in allowing a customer, including a customer who has an eligible medical condition, as defined in § 24–209 of the Health – General Article, to use a toilet facility that is not a public toilet facility, if the act or omission:

(1) Is not willful or grossly negligent;

(2) Occurs in an area of the retail establishment that is not accessible to the public; and

(3) Results in an injury to or death of the customer or any individual other than an employee accompanying the customer.

(c) Notwithstanding any provision of this section, an employee toilet facility is not to be considered a public restroom.
Md. Code, Economic Development § 5-412 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-412
§5–412.
Status: in_force

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

(b) The Authority shall appoint and remove all personnel in accordance with the State Personnel and Pensions Article.
Md. Code, Natural Resources § 5-207 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) (1) The Department may purchase and manage lands in the name of the State, suitable for forest culture, reserves, watershed protection, State parks, scenic preserves, historic monuments, parkways, and State recreational reserves, using for these purposes any special appropriation or surplus money not otherwise appropriated, which is standing to the credit of the Forest Reserve or Park Reserve Fund. However, an individual tract of land or easement in excess of 100 acres may not be purchased in Garrett County, except with the approval of the County Commissioners of that county. The Department may accept any gift of land in the name of the State to be held, protected, and administered by the Department as State parks, forests, or other reserves, and used to demonstrate the practical utility of the land for recreational areas, State parks, scenic preserves, parkways, historic monuments, timber culture, water conservation, and as a breeding place for wildlife. Any gift shall be absolute except for the reservation of mineral and mining rights over and under the land, and a stipulation that it shall be administered for State forest, park, or recreation purposes.

(2) The Department shall meet its needs for land in Garrett County by acquiring the land only from willing sellers, provided that the Department may acquire by condemnation easements of the minimal extent necessary for access or utility service to lands of the Department if there is no alternative location or means of providing the access or service.

(3) The Department may apply for a certificate of reservation for public use of abandoned land under Title 13 of the Real Property Article.

(b) The Department may accept gifts, donations, or contributions of land from the federal government or any of its agencies, enter into agreements with the federal government or any of its agencies, and acquire by lease, purchase, or otherwise, lands the Department deems suitable for State forests or parks. The Department may make expenditures from any funds not otherwise obligated for the management, development, and utilization of the lands. It may sell or dispose of products from the lands, and make rules and regulations necessary to carry out the provisions of this subsection. Any revenue received from the lands shall be paid into the State Treasury to the credit of the Forest or Park Reserve Fund in accordance with the provisions of § 5-212 of this subtitle. However, at least 50 percent of the gross revenues derived from the lands may be devoted to the payment of any obligations for the purchase incurred under the provisions of this subsection, until the obligations are fully paid.

(c) Notwithstanding any other provision of law, a lease into which the Department enters after July 1, 1979 for any land acquired under this title is not subject to redemption of the tenant, unless the lease expressly provides otherwise.
Md. Code, Environment § 5-411 — MD Code / Article gen / Title 5 / Subtitle 4 / Section 5-411
§5–411.
Status: in_force

To satisfy any assessment established under § 5-408 of this subtitle, each represented county, after public hearing, may impose reasonable assessment charges on users located in the county or employ any other means of assessment and collection authorized by law for collection of taxes or assessments, including imposing liens on real or personal property.
Md. Code, Transportation § 5-503 — MD Code / Article gtr / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) As to each airport, in the establishment of airport zoning districts or the adoption or amendment of its airport zoning regulations, the Administration shall consider, among other things, to the extent that they affect and in order to promote the public health, safety, order, or security, the following:

(1) The character of the flying operations conducted or expected to be conducted at the airport;

(2) The surrounding terrain;

(3) The height of existing structures and trees or other vegetation in the vicinity;

(4) The feasibility of lowering or removing existing structures or trees or other vegetation in the vicinity;

(5) As to the aerial approaches necessary for safe flying operations at the airport, the opinion of the federal agency charged with fostering civil aeronautics;

(6) The risks associated with aerial traffic at the airport;

(7) The type, size, weight, and load capacity of aircraft that use or might use the airport;

(8) The weather conditions generally prevailing in the vicinity;

(9) The size and layout of the landing area of the airport; and

(10) The present and future needs of the inhabitants of this State with reference to the use of the airport for public transportation.

(b) An airport zoning regulation adopted under this subtitle may not:

(1) Require the removal or alteration of any structure that, as it existed when the regulation was adopted, did not conform to the regulation; or

(2) Otherwise interfere with the continuance of any nonconforming use.

(c) Except as otherwise provided in this subtitle, an airport zoning district or airport zoning regulation adopted under this subtitle may not apply to any property located more than 3 miles beyond the outer perimeter of any airport.
Md. Code, Natural Resources § 5-708 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-708
§5–708.
Status: in_force

The Department and its authorized agents may enter at their risk, and without liability for trespass, any railroad or other land in order to ascertain conditions relative to enforcement of any provision of Part II of this subtitle.
Md. Code, Economic Development § 5-2001 — MD Code / Article gec / Title 5 / Subtitle 20 / Section 5-2001
§5–2001.
Status: in_force

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

(b) “Program” means the Winery and Vineyard Economic Development Grant Program established under § 5–2002 of this subtitle.

(c) “Qualified capital expenses” means all expenditures made by an individual or a corporation for the purchase and installation of equipment or agricultural materials for use in the production of agricultural products at a vineyard or a winery, including:

(1) barrels;

(2) bins;

(3) bottling equipment;

(4) canopy management machines;

(5) capsuling equipment;

(6) chemicals;

(7) corkers;

(8) crushers;

(9) destemmers;

(10) fermenters or other recognized fermentation devices;

(11) fertilizer and soil amendments;

(12) filters;

(13) fruit harvesters;

(14) fruit plants;

(15) hoses;

(16) irrigation equipment;

(17) labeling equipment;

(18) lugs;

(19) mowers;

(20) poles;

(21) posts;

(22) presses;

(23) pruning equipment;

(24) pumps;

(25) refractometers;

(26) refrigeration equipment;

(27) seeders;

(28) soil;

(29) small tools;

(30) tanks;

(31) tractors;

(32) vats;

(33) weeding and spraying equipment;

(34) wine tanks;

(35) wire; and

(36) any other items as approved by the Department.

(d) “Vineyard” means agricultural lands located in the State consisting of at least 1 contiguous acre dedicated to the growing of grapes that are used or are intended to be used in the production of wine by a winery as well as any plants or other improvements located on the agricultural lands.

(e) “Winery” means an establishment or a location identified in:

(1) a Class 3 winery license issued under § 2–205 of the Alcoholic Beverages and Cannabis Article; or

(2) a Class 4 limited winery license issued under § 2–206 of the Alcoholic Beverages and Cannabis Article.
Md. Code, Human Services § 5-503 — MD Code / Article ghu / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

Subject to the State budget, the Department shall provide food supplement benefits to a legal immigrant who:

(1) is a minor;

(2) is ineligible for federally funded Supplemental Nutrition Assistance Program benefits because of immigration status;

(3) meets all other Supplemental Nutrition Assistance Program eligibility requirements; and

(4) meets any other requirements of the State.
Md. Code, Family Law § 5-1304 — MD Code / Article gfl / Title 5 / Subtitle 13 / Section 5-1304
§5–1304.
Status: in_force

The effectiveness of efforts to protect children removed from their homes from abuse and neglect shall be measured by:

(1) the incidence of indicated or unsubstantiated findings of child abuse or neglect of children in the custody of a local department, or a placement agency, for placements:

(i) in foster care homes;

(ii) in kinship care homes;

(iii) in residential treatment centers or group homes;

(iv) with family members; and

(v) in other forms of substitute care;

(2) the incidence of indicated or unsubstantiated findings of child abuse or neglect within 12 months following the release of the child committed to the Department; and

(3) any other indicators adopted by the Secretary under § 5-1302 of this subtitle.
Md. Code, Criminal Law § 5-703 — MD Code / Article gcr / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

(a) This section does not apply to the mailing of a drug to a person who under State law is authorized to disburse, prescribe, or administer the drug.

(b) A person may not send by mail a prescription drug, controlled dangerous substance, or medicine to “Resident”, “Occupant”, or to a named addressee who has not requested that the prescription drug, controlled dangerous substance, or medicine be mailed.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.
Md. Code, Economic Development § 5-2402 — MD Code / Article gec / Title 5 / Subtitle 24 / Section 5-2402
§5–2402.
Status: reserved

(a) There is an Industry 4.0 Technology Grant Program in the Department.

(b) The Department may enter into a memorandum of understanding with a State–chartered corporation under Title 10 of this article to authorize the State–chartered corporation to administer the Program in accordance with this subtitle.

(c) The purpose of the Program is to assist SME manufacturers in the purchase, implementation, and related employee training of Industry 4.0 technology and related infrastructure in order to increase productivity, efficiency, and competitiveness in the State and national manufacturing environment.

(d) To qualify for a grant under the Program, an SME manufacturer shall submit to the Program administrator an application that demonstrates that:

(1) the company is a qualifying SME manufacturer;

(2) the company has business operations in Maryland; and

(3) the company has been in existence for over 1 year.

(e) (1) In awarding grants under the Program, the Program administrator shall award grants on a competitive basis based on:

(i) the proposed project’s alignment with adoption of Industry 4.0 technologies;

(ii) the applicant’s demonstrated overall commitment to, or strategy for, Industry 4.0 technology adoption;

(iii) the demonstrated positive impact of the Industry 4.0 technology on the applicant’s business operations and competitiveness; and

(iv) any other information requested by the Program administrator.

(2) Subject to paragraph (3) of this subsection, the Department shall award to an eligible SME manufacturer a grant of at least $25,000, but not exceeding $500,000.

(3) (i) An SME manufacturer that receives a grant under this subsection shall provide matching funds in the amounts specified under this paragraph.

(ii) The Department shall establish a sliding scale formula for the matching funds required by an SME manufacturer to be provided a grant under this section, with SME manufacturers with fewer employees requiring a lesser percentage and SME manufacturers with more employees requiring a higher percentage.

(4) (i) The Department shall reserve at least 20% of the funds available during each fiscal year for awarding grants under this subsection to SME manufacturers that employ 50 or fewer employees.

(ii) If the total amount of grants applied for by SME manufacturers that employ 50 or fewer employees is less than the amount of funds reserved under subparagraph (i) of this paragraph during a fiscal year, the Department may utilize the balance of the reserved funds for awarding grants under this subsection to SME manufacturers that employ more than 50 employees.

(f) (1) A grant awarded under the Program may be used for projects that directly affect manufacturing processes and focus on investments in Industry 4.0 technology commercial–ready equipment through established vendors or related infrastructure.

(2) Within 1 year after receiving a grant under the Program, an SME manufacturer shall submit to the Department a letter that:

(i) describes how the grant funding was used; and

(ii) includes any invoices related to the implementation of the Industry 4.0 technology or related infrastructure.

(3) The Department may require a grant recipient that fails to fulfill the requirements of the grant to return all or part of the grant to the Program.
Md. Code, Environment § 5-516 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-516
§5–516.
Status: in_force

(a) The Department shall give notice and hold any hearing related to orders imposed under the water appropriation and use provisions of this subtitle in accordance with the Administrative Procedure Act.

(b) (1) Within 10 days after being served with an order under § 5–515(a)(1) of this subtitle, the person served may request in writing a hearing before the Department.

(2) (i) Subject to subparagraph (ii) of this paragraph, if a request for a hearing on an order is made under this subsection, the Department shall:

1. Hold the hearing promptly after receiving the request; and

2. Render a decision promptly after the hearing.

(ii) If a request for a hearing on an order is made under this subsection and the Department alleges in the order that there is an imminent threat or danger to the public health or safety or to the environment, the Department shall:

1. Hold the hearing within 10 days after receiving the request; and

2. Render a decision within 10 days after the hearing.

(c) Within 10 days after being served with a notice under § 5–515(a)(2) of this subtitle, the person served may request in writing a hearing before the Department.

(d) The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.

(e) (1) In connection with any hearing under this subtitle, the Department may:

(i) Subpoena any person or evidence; and

(ii) Order a witness to give evidence.

(2) A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.

(3) If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Department, a circuit court, by order, may:

(i) Compel obedience to the Department’s order or subpoena; or

(ii) Compel testimony or the production of evidence.

(4) The court may punish as contempt any failure to obey its order issued under this section.
Md. Code, Corporations and Associations § 5-310 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

(a) If any contest arises over the voting rights or the fair conduct of an election:

(1) Each contending party shall appoint one individual from among the members of a neighboring church of the same religious persuasion or, if there is no such church, from among the members of any other church; and

(2) The two appointed individuals shall select a third, similarly qualified, individual.

(b) The arbitrators shall meet at the place where the contest arose and hear and determine the matter.

(c) The judgment or award of a majority of the arbitrators, signed and acknowledged by them, is final.
Md. Code, Corporations and Associations § 5-6B-27 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-27
§5–6B–27.
Status: in_force

(a) In this section, “fidelity insurance” includes a fidelity bond.

(b) This section does not apply to a cooperative housing corporation:

(1) That has four or fewer members; and

(2) For which 3 months’ worth of gross common charges is less than $2,500.

(c) (1) The board of directors or other governing body of a cooperative housing corporation shall purchase fidelity insurance not later than the time of the first sale of a cooperative interest with respect to a unit to a person other than the developer and shall keep fidelity insurance in place for each year thereafter.

(2) The fidelity insurance required under paragraph (1) of this subsection shall provide for the indemnification of the cooperative housing corporation against loss resulting from acts or omissions arising from fraud, dishonesty, or criminal acts by:

(i) Any officer, director, managing agent, or other agent or employee charged with the operation or maintenance of the cooperative housing corporation who controls or disburses funds; and

(ii) Any management company employing a management agent or other employee charged with the operation or maintenance of the cooperative housing corporation who controls or disburses funds.

(d) A copy of the fidelity insurance policy or fidelity bond shall be included in the books and records kept and made available by or on behalf of the cooperative housing corporation under § 5–6B–26 of this subtitle.

(e) (1) The amount of the fidelity insurance required under subsection (c) of this section shall equal at least the lesser of:

(i) 3 months’ worth of gross common charges and the total amount held in all investment accounts at the time the fidelity insurance is issued; or

(ii) $3,000,000.

(2) The total liability of the insurance to all insured persons under the fidelity insurance may not exceed the sum of the fidelity insurance.

(f) If a member believes that the board of directors or other governing body of a cooperative housing corporation has failed to comply with the requirements of this section, the aggrieved member may submit the dispute to the Division of Consumer Protection of the Office of the Attorney General under § 5–6B–12 of this subtitle.
Md. Code, Business Regulation § 5-804 — MD Code / Article gbr / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

(a) In this section, “perpetual care” has the meaning stated in § 5–601 of this title.

(b) A registered cemeterian, registered crematory operator, or permit holder that engages in the operation of a cemetery, crematory, or burial goods business who sells or offers to sell to the public cremation services, a burial lot, or a burial right in a cemetery for pet remains as to which perpetual care is stated or implied owes a duty of perpetual care for the cemetery in which the pet remains are interred.

(c) The Director shall adopt regulations in accordance with § 5–204(a) of this title to enforce the requirements of this section.
Md. Code, Corporations and Associations § 5-525 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-525
§5–525.
Status: in_force

(a) At the time and in the manner which its bylaws provide, each cooperative shall apportion and distribute its net proceeds or savings to the persons entitled to receive them on the basis of their patronage.

(b) The bylaws may provide:

(1) That the apportionment and distribution of the net proceeds or savings may be restricted to members or be made at the same or different rates for members and nonmember patrons;

(2) For any reasonable apportionment and charging of net losses;

(3) That any distribution to a nonmember eligible for membership may be credited to him until the amount credited equals the value of a membership certificate or a share of the common stock of the cooperatives; and

(4) The minimum amount of any single patronage transaction which will be considered for the purpose of participation in an allocation or distribution of net proceeds, savings, or losses under this section.

(c) An apportionment and distribution of net proceeds or savings may be in cash, credits, capital stock, certificates of interest, certificates of equity, revolving fund certificates, letters of advice, or other securities or certificates issued by the cooperative or by any affiliated Maryland or foreign cooperative.

(d) Apportionment and distribution of net proceeds, savings, or losses may be separately determined and based on:

(1) The patronage of single or multiple pools or particular departments of the cooperative;

(2) The patronage as to particular commodities, supplies, or services; or

(3) The classification of patronage according to its type.

(e) For purposes of this section, net proceeds, savings, or losses shall be computed in accordance with generally accepted accounting principles applicable to cooperatives, after deducting from gross proceeds or savings all costs and expenses of operation and any dividends paid on capital stock and interest paid on certificates or other evidence of equity in any fund, capital investment, or other assets of the cooperative.
Md. Code, Natural Resources § 5-303 — MD Code / Article gnr / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

(a) The Department shall develop and implement a Woodland Incentives Program to assist eligible landowners in conducting a program of woodland management.

(b) (1) The Secretary shall adopt regulations to carry out the provisions of this subtitle.

(2) Regulations under subsection (a) of this section shall include consideration of:

(i) The establishment of land size limits for which cost-share assistance may be granted;

(ii) A determination of practices that are eligible for cost-sharing assistance;

(iii) Subject to the limitations imposed by this subtitle, the establishment of maximum amounts of assistance that an eligible landowner may receive for implementation of an approved practice;

(iv) The establishment of criteria for prioritizing applications, including size of land, soil productivity, and tree species;

(v) A periodic review of actual costs of woodland development practices;

(vi) The establishment of criteria for Department assistance in implementation of an approved practice;

(vii) The imposition by the Department of reasonable charges for implementation assistance; and

(viii) A system of monitoring the implementation of approved practices.
Md. Code, State Finance and Procurement § 5A-340 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-340
§5A–340.
Status: in_force

(a) Submerged archaeological historic property on or taken from underwater land over which the State has sovereign control is the property of the State.

(b) The State may convey title to part or all of submerged archaeological historic property it owns in accordance with a permit, if the Board of Public Works approves the permit in accordance with Title 10, Subtitle 3 of this article.

(c) (1) The Trust and a holder of a permit under § 5A-341 of this subtitle may enter into an agreement to dispose of submerged archaeological historic property recovered by the holder.

(2) The agreement may divide the recovered submerged archaeological historic property between the State and the holder.

(3) Subject to approval of the Board of Public Works, the division may be in value or in kind.

(4) The Trust shall be the arbiter of the division, acting in the best interest of the State and giving consideration to the fair treatment of the permit holder.

(5) An agreement under this subsection shall provide reasonable compensation to the permit holder for any recovered submerged archaeological historic property claimed and turned over to the State.

(d) The Trust shall:

(1) establish an educational program to train interested members of the public to identify and register submerged archaeological historic property; and

(2) certify members of the public who successfully complete the educational program.

(e) (1) The Trust shall adopt regulations on issuing permits and disposing of and transferring submerged archaeological historic property under this subtitle.

(2) The regulations shall be adopted:

(i) with the approval of the Secretary; and

(ii) in consultation with the Federal Advisory Council on Historic Preservation and appropriate public and private sector groups in the State, including sport divers, professional dive operators, dive clubs, salvors, archaeologists, commercial fishermen, and historic preservationists.
Md. Code, Corporations and Associations § 5-513 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-513
§5–513.
Status: in_force

(a) Until the first annual meeting of members and until successors are elected and qualify, the board of directors consists of:

(1) The individuals named as directors in the charter; or

(2) If no directors are named, the incorporators.

(b) (1) The directors shall be elected by the members.

(2) Unless the bylaws provide otherwise, the directors shall be elected at the first annual meeting of members and at each subsequent annual meeting and shall hold office until the next annual meeting and until their successors are elected and qualify.
Md. Code, Election Law § 5-702 — MD Code / Article gel / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

A candidate for public office of a political party shall be nominated in accordance with the requirements of Subtitles 2 through 4 of this title unless the candidate is:

(1) nominated by:

(i) petition under § 5-703 of this subtitle; or

(ii) political party under § 5-703.1 of this subtitle; or

(2) a write-in candidate under § 5-704 of this subtitle.
Md. Code, Courts and Judicial Proceedings § 5-111 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-111
§5–111.
Status: in_force

A proceeding to hold a person in contempt of court for the person’s default in payment of periodic child or spousal support under the terms of a court order shall be commenced within 3 years of the date each installment of support became due and remained unpaid.
Md. Code, Economic Development § 5-423 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-423
§5–423.
Status: in_force

There is an Industrial Development Fund.
Md. Code, Commercial Law § 5-107 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-107
§5–107.
Status: in_force

(a) A confirmer is directly obligated on a letter of credit and has the rights and obligations of an issuer to the extent of its confirmation. The confirmer also has rights against and obligations to the issuer as if the issuer were an applicant and the confirmer had issued the letter of credit at the request and for the account of the issuer.

(b) A nominated person who is not a confirmer is not obligated to honor or otherwise give value for a presentation.

(c) A person requested to advise may decline to act as an adviser. An adviser that is not a confirmer is not obligated to honor or give value for a presentation. An adviser undertakes to the issuer and to the beneficiary accurately to advise the terms of the letter of credit, confirmation, amendment, or advice received by that person and undertakes to the beneficiary to check the apparent authenticity of the request to advise. Even if the advice is inaccurate, the letter of credit, confirmation, or amendment is enforceable as issued.

(d) A person who notifies a transferee beneficiary of the terms of a letter of credit, confirmation, amendment, or advice has the rights and obligations of an adviser under subsection (c) of this section. The terms in the notice to the transferee beneficiary may differ from the terms in any notice to the transferor beneficiary to the extent permitted by the letter of credit, confirmation, amendment, or advice received by the person who so notifies.
Md. Code, Financial Institutions § 5-1001 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: in_force

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

(b) “Affiliate” means any company that controls, is controlled by, or is under common control with another company.

(c) “Bank” has the meaning stated in the Federal Deposit Insurance Act, 12 U.S.C. § 1813(a)(1).

(d) “Bank supervisory agency” means:

(1) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, or any successor to these agencies; or

(2) An agency of another state with primary responsibility for chartering and supervising banks.

(e) (1) “Branch” means a bank office open to the public at which deposits are received, checks are paid, or money is lent.

(2) “Branch” includes a mobile branch or other special-purpose facility that performs a function of a branch.

(3) “Branch” does not include an automated teller machine as defined in § 1-401 of this article.

(f) “Commercial activities” means activities in which a bank holding company, a financial holding company, a national bank, or a national bank financial subsidiary may not engage under federal law.

(g) “De novo branch” means a branch of an out-of-state bank or banking institution that:

(1) Is originally established by the out-of-state bank or banking institution as a branch; and

(2) Does not become a branch of the out-of-state bank or banking institution as a result of:

(i) The acquisition by the out-of-state bank or banking institution of an insured depository institution or a branch of an insured depository institution; or

(ii) The conversion, merger, or consolidation of an insured depository institution or a branch of an insured depository institution.

(h) “Home state” means:

(1) As to a national banking association, the state in which its main office is located; and

(2) As to a state-chartered bank, the state by which it is chartered.

(i) “Home state regulator” means the agency in a bank’s home state with primary responsibility for chartering and regulating banks.

(j) “Host state” means a state, other than the home state of a bank, in which the bank maintains or seeks to establish a branch.

(k) “Insured depository institution” means any financial institution the deposits of which are insured by the Federal Deposit Insurance Corporation.

(l) “National banking association” means a bank chartered under the National Bank Act.

(m) “Other-state bank” means a bank chartered and primarily regulated by another state.

(n) “Out-of-state bank” means:

(1) A national banking association with its main office in a state other than this State; or

(2) An other-state bank.
Md. Code, Family Law § 5-335 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-335
§5–335.
Status: in_force

(a) A juvenile court shall hold a hearing before entering an order for adoption under this Part III of this subtitle.

(b) Before a hearing under this section, a juvenile court shall give notice to all of the parties.
Md. Code, State Finance and Procurement § 5A-343 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-343
§5A–343.
Status: in_force

(a) (1) This section applies to all archaeological, prehistoric, and historic features found in any cave, including:

(i) all or any part of any burial grounds, historic or prehistoric ruins, and archaeological sites; and

(ii) relics, inscriptions, saltpeter workings, fossils, bones, and remains of historical human activity.

(2) Without a permit issued under this section, a person may not excavate, remove, destroy, injure, deface, or disturb features found in a cave.

(b) In accordance with §§ 5A-341 and 5A-342 of this subtitle, an individual trained in archaeology may apply for and be issued a permit to excavate or remove features described in subsection (a) of this section from or in a cave on land that the State owns or controls by rights under a lease, option contract, or purchase contract.

(c) (1) An individual may apply for a permit to excavate or remove archaeological, prehistoric, and historic features from a cave on privately owned land.

(2) An applicant for a permit shall:

(i) be trained in archaeology;

(ii) give the Trust a detailed statement of the purposes and objectives of the proposed excavation or removal;

(iii) agree to provide the Trust with information from and results of any excavation, study, or collection in accordance with the terms of the permit;

(iv) obtain the prior written consent of the owner of the land on which the excavation or removal will be conducted; and

(v) agree to carry the permit while conducting the excavation or removal authorized by the permit.

(3) A permit may be issued for a maximum term of 2 years and may be renewed.

(4) A permit is not transferable, but a person working under the direct supervision of the permit holder need not obtain a separate permit.

(d) Any object or material of archaeological, prehistoric, or historic value or interest found in a cave on privately owned land is the property of the owner of the land.

(e) If a person uses a cave for recreational or scientific purposes with the prior consent of and without a charge by the owner and sustains an injury, the owner and an authorized agent of the owner acting within the scope of the agent’s authority are not liable for the injury.

(f) The Director and the Director’s designee may enforce the provisions of this part relating to archaeological historic property found in caves in the same manner as provided in § 5A-341(i) of this subtitle for submerged archaeological historic property.
Md. Code, General Provisions § 5-608 — MD Code / Article ggp / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

(a) The following are deemed to be interests of the individual under § 5–607(b), (c), (d), (j), and (k) of this subtitle:

(1) an interest held by a spouse or child of the individual, if the interest was controlled, directly or indirectly, by the individual at any time during the applicable period;

(2) an interest held, at any time during the applicable period, by:

(i) a business entity in which the individual held a 10% or greater interest;

(ii) a business entity described in item (i) of this item in which the business entity held a 25% or greater interest;

(iii) a business entity described in item (ii) of this item in which the business entity held a 50% or greater interest; and

(iv) a business entity in which the individual directly or indirectly, through an interest in one or a combination of other business entities, holds a 10% or greater interest; and

(3) an interest held by a trust or an estate in which, at any time during the applicable period, the individual:

(i) held a reversionary interest;

(ii) was a beneficiary; or

(iii) if a revocable trust, was a settlor.

(b) Subsection (a)(2) of this section does not affect:

(1) the requirement under § 5–607(b) of this subtitle of disclosure of real estate interests held in the name of a partnership, limited liability partnership, or limited liability company in which the individual holds an interest; or

(2) the requirement under § 5–607(c) of this subtitle of disclosure of all partnerships, limited liability partnerships, or limited liability companies in which the individual holds an interest.

(c) For the purposes of § 5–607 of this subtitle, interests held by a blind trust may not be considered to be interests of the person making the statement if the blind trust is approved by the Ethics Commission in accordance with regulations adopted under § 5–501(b) or § 5–502(c) of this title and is operated in compliance with those regulations.
Md. Code, Family Law § 5-705.2 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-705.2
§5–705.
Status: in_force

§5–705.2.

(a) An individual may not intentionally prevent or interfere with the making of a report of suspected abuse or neglect required by § 5–704 or § 5–705.1(c)(2) of this subtitle.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
Md. Code, Labor and Employment § 5-410 — MD Code / Article gle / Title 5 / Subtitle 4 / Section 5-410
§5–410.
Status: in_force

The criminal penalty under § 5-804 of this title does not apply to a violation that arises under §§ 5-404 through 5-409 of this subtitle.
Md. Code, General Provisions § 5-520 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-520
§5–520.
Status: in_force

(a) The Joint Ethics Committee shall adopt written procedures for conducting a hearing to consider a complaint, an allegation summary, and a written answer, if any.

(b) The written procedures adopted by the Joint Ethics Committee under subsection (a) of this section:

(1) shall be available for public inspection;

(2) shall be provided to the legislator who is the subject of a hearing;

(3) shall allow the accused legislator to:

(i) be represented by counsel;

(ii) cross–examine witnesses; and

(iii) be provided an opportunity to inspect, in a reasonable manner, any records that the Joint Ethics Committee intends to use during the hearing, subject to limitations established by the Joint Ethics Committee in the written procedures; and

(4) subject to items (1) and (2) of this subsection, may be amended by the Joint Ethics Committee at any time.

(c) (1) (i) If the Joint Ethics Committee determines that a hearing is required under § 5–519(b)(2) of this subtitle, the Joint Ethics Committee, by a two–thirds vote of its full membership, may issue one or more subpoenas that require the appearance of a person, the production of relevant records, and the giving of relevant testimony.

(ii) If the Joint Ethics Committee exercises subpoena powers under this paragraph, the legislator who is the subject of the investigation may require the Joint Ethics Committee to issue one or more subpoenas on the legislator’s behalf.

(2) A request to appear, an appearance, or a submission of evidence does not limit the subpoena power of the Joint Ethics Committee.

(3) A subpoena issued under paragraph (1) of this subsection shall be served:

(i) in the manner provided by law for service of a subpoena in a civil action;

(ii) before the time that the subpoena sets for appearance or production of records; and

(iii) with the following documents:

1. a copy of this title;

2. a copy of the rules of the Joint Ethics Committee; and

3. if the subpoena requires the appearance of a person, notice that counsel may accompany the person.

(4) A person who is subpoenaed to appear at a hearing is entitled to receive the fees and allowances that are provided for a person who is subpoenaed by a circuit court.

(5) A person may be held in contempt if the person unjustifiably:

(i) fails or refuses to comply with a subpoena for appearance;

(ii) appears but fails or refuses to testify under oath; or

(iii) disobeys a directive of the presiding chair at the hearing to answer a relevant question or to produce a record, including an electronic record, that has been subpoenaed, unless the directive is overruled by a majority vote of the members of the Joint Ethics Committee who are present at the hearing.

(6) By a two–thirds vote of its full membership, the Joint Ethics Committee may apply for a contempt citation to a circuit court.
Md. Code, Corporations and Associations § 5-333 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-333
§5–333.
Status: in_force

(a) This part applies to every religious corporation formed in this State by a parish or separate congregation that is in union with or intending to apply for union with the convention of the Protestant Episcopal Church in the Diocese of Maryland, as created by Chapter 67, Acts of 1840.

(b) (1) Except as provided in paragraph (2) of this subsection or otherwise in this part:

(i) Part I of this subtitle applies to and regulates the corporate and temporal affairs of every religious corporation described in subsection (a) of this section, including those incorporated under Chapter 24, Acts of 1798, or by special act of the General Assembly; and

(ii) To the extent not prohibited by the Constitution of the United States or of this State, the charter of each of them is deemed to be amended to conform to this subtitle until the charter otherwise is amended by the parish or separate congregation as provided in Part I of this subtitle.

(2) As to any parish or separate congregation that was incorporated before the effective date of the State Constitution of 1851 and, therefore, has an irrepealable charter, unless that parish or separate congregation accepts, uses, enjoys, or in any way avails itself of any right, privilege, or advantage granted or conferred by any statute enacted after November 3, 1891:

(i) Part I of this subtitle does not apply to the parish or separate congregation; and

(ii) The parish or separate congregation continues to be governed by the statute under which it was incorporated.
Md. Code, Family Law § 5-539.1 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-539.1
§5–539.
Status: in_force

§5–539.1.

(a) In addition to any duties set forth elsewhere, the State Board shall, by examining the policies, procedures, and practices of State and local agencies and by reviewing, where appropriate, specific cases, evaluate the extent to which State and local agencies are effectively discharging their child protection responsibilities in accordance with:

(1) the State plan under 42 U.S.C. § 5106a(b);

(2) the child protection standards set forth in 42 U.S.C. § 5106a(b); and

(3) any other criteria that the State Board considers important to ensure the protection of children, including:

(i) a review of the extent to which the State child protective services system is coordinated with the foster care and adoption program established under Part E of Title IV of the Social Security Act; and

(ii) a review of child fatalities and near fatalities.

(b) (1) Case reviews conducted under subsection (a) of this section shall include questions designed to meet the quality assessment goals for casework services in § 5–1308 of this title.

(2) The State Board shall tabulate and analyze the results of all case reviews conducted under subsection (a) of this section and submit the results and findings for consideration as part of the local department self–assessment process in § 5–1309 of this title.

(3) The State Board shall tabulate and analyze the results of all case reviews, both on a jurisdictional and a statewide basis, and submit the results and findings to the Department on a quarterly basis.

(c) The State Board shall:

(1) provide for public outreach and comment; and

(2) make available to the public systemic findings and recommendations of the State Board, the local citizen review panel, if any, and the local boards.

(d) The State Board may:

(1) by a majority vote of its members add up to four members with expertise in the prevention and treatment of child abuse and neglect for the purpose of performing its duties under this section; and

(2) to assist the State Board in its reviews of specific cases, designate:

(i) local teams composed of members of local boards of out–of–home care of children and staff; or

(ii) local citizens review panels established under § 5–539.2 of this subtitle.

(e) In consultation with local citizens review panels and the State Council on Child Abuse and Neglect, the State Board shall develop protocols that govern the scope of activities of local citizens review panels to reflect the provisions of the federal Child Abuse Prevention and Treatment Act (42 U.S.C. § 5101 et seq.).

(f) The State Board shall coordinate its activities under this section with the State Council on Child Abuse and Neglect, the State Child Fatality Review Team, local citizens review panels, and the local child fatality review teams in order to avoid unnecessary duplication of effort.

(g) (1) The State Board shall submit to the Secretary of Human Services and, subject to § 2–1257 of the State Government Article, the General Assembly on or before January 1 of each year and prepare and make available to the public a report containing a summary of its activities, findings, and recommendations under this section.

(2) The State Board may combine the reports required under paragraph (1) of this subsection and § 5–539 of this subtitle.

(h) Within 120 days after receiving the report from the State Board under § 5–539 of this subtitle or the report under subsection (g) of this section, the Secretary of Human Services shall send a written response to the State Board describing the actions to be taken by the Department in response to the recommendations of the State Board.
Md. Code, Insurance § 5-510 — MD Code / Article gin / Title 5 / Subtitle 5 / Section 5-510
§5–510.
Status: in_force

(a) Before investing in other classes or types of investment, each life insurer shall invest and maintain invested, in cash and securities of the classes described in subsection (b) of this section, funds in an amount not less than the minimum paid-in capital stock required under this article for authority to engage in the life insurance business.

(b) The investments required by subsection (a) of this section may be made only in cash or the following classes of securities:

(1) 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;

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

(3) bonds or other evidences of indebtedness that are direct obligations of another state.

(c) After satisfying the minimum investment requirements of subsection (a) of this section, each life insurer shall invest and maintain invested additional funds, to bring its investments up to an amount not less than 100% of the life insurer’s required reserves, in cash or the classes of securities or investments authorized under § 5-511 of this subtitle.

(d) A life insurer shall maintain the minimum investments required by this section free and clear from any lien or pledge, other than as a deposit required or allowed under § 4-106 of this article.

(e) After satisfying the minimum investment requirements of this subtitle, a life insurer may invest any excess funds without limitation in investments not otherwise prohibited under this subtitle.
Md. Code, Family Law § 5-529 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-529
§5–529.
Status: in_force

(a) In this section, “foster parent” includes an individual who cares for a minor child on an emergency basis under a shelter care program.

(b) (1) The Administration shall provide liability insurance for foster parents who care for children under foster parent programs.

(2) The liability insurance shall provide coverage for:

(i) bodily injury and property damage that a foster child causes to a person or the property of a person other than a foster parent; and

(ii) actions against a foster parent by a natural parent for any accident to the child.

(3) The Administration may establish a reasonable deductible limit.

(c) (1) Subject to the provisions of this section, the Secretary of Human Services shall reimburse a foster parent for costs of bodily injury or property damage that the child causes to the foster parent and that insurance does not cover.

(2) Before reimbursement under this subsection, the Secretary of Human Services shall be satisfied that the actions of the foster parent did not contribute substantially to the bodily injury or property damage sustained.

(3) Reimbursement under this subsection shall be made for all costs to a maximum amount of $5,000. However, all payments in excess of $2,000 require the approval of the Board of Public Works.
Md. Code, Criminal Law § 5-602 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

(a) Except as otherwise provided in this title, a person may not:

(1) distribute or dispense a controlled dangerous substance; or

(2) possess a controlled dangerous substance other than cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance.

(b) (1) Except as otherwise provided in this title, a person may not possess cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense cannabis.

(2) Possession of the civil use amount of cannabis or the personal use amount of cannabis without other evidence of an intent to distribute or dispense does not constitute a violation of paragraph (1) of this subsection.

(c) (1) (i) In this subsection, “adult sharing” means transferring cannabis between persons who are 21 years of age or older without remuneration.

(ii) “Adult sharing” does not include instances in which:

1. cannabis is given away contemporaneously with another reciprocal transaction between the same parties;

2. a gift of cannabis is offered or advertised in conjunction with an offer for the sale of goods or services; or

3. a gift of cannabis is contingent on a separate reciprocal transaction for goods or services.

(2) This section does not prohibit, and no civil or criminal penalty may be imposed for, adult sharing of the personal use amount of cannabis.
Md. Code, Financial Institutions § 5-801 — MD Code / Article gfi / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

(a) If the Commissioner believes that a director or officer of a banking institution has engaged in an unsafe or unsound banking practice, the Commissioner shall send a warning to the director or officer.

(b) (1) If the Commissioner finds that the director or officer has continued to engage in the unsafe or unsound practice, the Commissioner may report the facts to the Secretary of Labor and the Attorney General.

(2) A copy of the report shall be sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to each director of the banking institution.

(c) (1) After giving the officer or director an opportunity to be heard, if the Commissioner finds that the unsafe or unsound practice continued after the warning, the Commissioner with the approval of the Secretary of Labor may remove the officer or director.

(2) A copy of the removal order shall be served on the individual removed and the banking institution.
Md. Code, Economic Development § 5-311 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-311
§5–311.
Status: in_force

The purposes of the Fund are to:

(1) expand employment opportunities in the State by providing financial assistance to businesses that are engaged in eligible industry sectors, including financial assistance for:

(i) aquaculture projects;

(ii) arts and entertainment enterprises;

(iii) arts and entertainment projects; and

(iv) creation and expansion of child care facilities;

(2) provide financial assistance for the redevelopment of qualified brownfields sites;

(3) provide financial assistance to local governments and the Corporation for economic development projects; and

(4) provide grants to local economic development funds.
Md. Code, Public Utilities § 5-202 — MD Code / Article gpu / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

Without prior authorization of the Commission, a public service company may not:

(1) assign, lease, or transfer a franchise or a right under a franchise;

(2) enter into any agreement or contract that materially affects a franchise or a right under a franchise; or

(3) abandon or discontinue the exercise of a franchise or a right as a whole or in part.
Md. Code, State Finance and Procurement § 5A-352 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-352
§5A–352.
Status: in_force

There is a Historical and Cultural Museum Assistance Program of the Trust.
Md. Code, Family Law § 5-3A-14 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-14
§5–3A–14.
Status: in_force

(a) Within 5 days after a petition for guardianship of a child is filed with a court, the clerk shall send a copy of the petition and notice of filing to:

(1) each of the child’s living parents who has not waived the right to notice; and

(2) each living parent’s attorney of record.

(b) Notice under this section shall be by first-class mail.

(c) Notice to a parent under this section shall be sent to a parent’s last address known to the court.
Md. Code, Corporations and Associations § 5-6B-13 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-13
§5–6B–13.
Status: in_force

(a) A cooperative interest is not a security under the Maryland Securities Act.

(b) The provisions of Title 8 of the Commercial Law Article where consistent with this article shall apply to membership certificates in cooperative housing corporations.
Md. Code, Labor and Employment § 5-215 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-215
§5–215.
Status: in_force

(a) (1) A person adversely affected or aggrieved by any order that the Commissioner passes under this title or any regulation that the Commissioner adopts to carry out this title may file a complaint within 30 days after issuance of the order or regulation to have it modified or set aside.

(2) A complaint filed under this subsection shall be filed in the circuit court for:

(i) Baltimore City; or

(ii) the county where:

1. the employer has its principal office; or

2. the violation allegedly occurred.

(3) A copy of the complaint shall be served on the Commissioner and other affected parties.

(b) In a proceeding under this section, a court may not stay an order or regulation of the Commissioner unless:

(1) the court gives the Commissioner notice and an opportunity for a hearing; and

(2) the aggrieved person posts security and meets each other condition that the court considers proper.

(c) (1) The court shall determine whether an order that the Commissioner passes under this title or regulation that the Commissioner adopts to carry out this title is in accordance with law.

(2) If a finding of the Commissioner on a question of fact is supported by substantial evidence, the finding is conclusive.

(3) A regulation that the Commissioner adopts to carry out this title:

(i) shall be deemed prima facie lawful and reasonable; and

(ii) may not be held invalid because of a technical defect if there is substantial compliance with this title.

(d) (1) At any appropriate time, the Commissioner may file a complaint to enforce any order that the Commissioner passes under this title or regulation that the Commissioner adopts to carry out this title.

(2) A complaint filed under this subsection shall be filed in the circuit court for the county where:

(i) the alleged violation occurred; or

(ii) the employer has its principal office.

(3) To the extent practicable, subsections (a), (b), and (c) of this section shall govern proceedings under this subsection.

(e) A court shall hear a complaint under this section expeditiously.
Md. Code, Criminal Law § 5-503 — MD Code / Article gcr / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) In this section, “opium” includes:

(1) codeine; and

(2) a natural or synthetic compound, manufactured substance, salt, derivative, mixture, or preparation of opium.

(b) (1) Except on a valid prescription of an authorized prescriber as defined in § 12-101 of the Health Occupations Article, a person may not dispense, give, or sell a preparation containing opium or any of its derivatives.

(2) This subsection does not apply to:

(i) a sale made to an authorized provider; or

(ii) a sale made by a manufacturer, distributor, or licensed pharmacy to a hospital or institution that operates a dispensary in which an authorized provider is in charge.

(c) (1) Except on a prescription from an authorized prescriber as defined in § 12-101 of the Health Occupations Article, a person may not possess or control a preparation containing opium or its derivatives.

(2) A person may possess or control a preparation containing opium or its derivatives if the possession or control is in the regular course of lawful business, occupation, profession, employment, or duty of the person.

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

(1) for a first violation, a fine not exceeding $1,000;

(2) for a second violation, a fine not exceeding $2,000; or

(3) for each subsequent violation, imprisonment not exceeding 18 months.
Md. Code, Financial Institutions § 5-611 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-611
§5–611.
Status: in_force

(a) The board of directors or the depositors representing not less than 25 percent of the deposit liability of any banking institution that is in the possession of a receiver may:

(1) Propose a plan of reorganization for the reorganization and reopening of the banking institution or for the establishment of a new State banking institution, national banking association, or other corporation that they consider necessary; and

(2) Choose a committee to represent them to carry out the plan.

(b) (1) The plan for reorganization of a commercial bank may provide for:

(i) The voluntary surrender or exchange of all or part of the outstanding capital stock of the commercial bank and the resale of that stock;

(ii) The sale of additional authorized stock;

(iii) The voluntary subscription or contribution by depositors and creditors to a guaranty fund; and

(iv) Any other protection for the depositors and creditors.

(2) The plan for reorganization of a savings bank may provide only for the voluntary subscription or contribution by depositors and creditors to a guaranty fund.
Md. Code, Corporations and Associations § 5-403 — MD Code / Article gca / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

For each taxable year, a private foundation shall distribute for the purposes specified in its charter amounts sufficient to avoid tax liability under § 4942(a) of the Internal Revenue Code.
Md. Code, Family Law § 5-409 — MD Code / Article gfl / Title 5 / Subtitle 4 / Section 5-409
§5–409.
Status: in_force

(a) To apply for a subsidy on behalf of an eligible child, an individual who is a prospective adoptive parent of the eligible child shall file an application for a subsidy with the local department.

(b) (1) The director of the local department shall append to the application evidence of inability, after all reasonable efforts, to place the eligible child, without a subsidy, with an appropriate adoptive parent because of the special circumstances.

(2) If the director of the local department determines that the eligible child has established emotional ties with a prospective adoptive parent who is the child’s foster parent, evidence of efforts to place the child with another prospective adoptive parent is not required.
Md. Code, Transportation § 5-1102 — MD Code / Article gtr / Title 5 / Subtitle 11 / Section 5-1102
§5–1102.
Status: in_force

The Administration and all police officers shall enforce and assist in the enforcement of:

(1) This title and the rules, regulations, and orders adopted under it; and

(2) All other aeronautics laws of this State.
Md. Code, Local Government § 5-218 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-218
§5–218.
Status: in_force

The express powers contained in this subtitle are intended to and shall be deemed to incorporate and include the power and authority contained in Title 5, Subtitle 8, Part II of the General Provisions Article.
Md. Code, General Provisions § 5-818 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-818
§5–818.
Status: in_force

(a) (1) In accordance with this section, a school board:

(i) may adopt financial disclosure regulations applicable to officials and employees of that school system; and

(ii) shall adopt financial disclosure regulations applicable to members of the school board.

(2) (i) The regulations adopted under paragraph (1)(i) of this subsection shall apply to:

1. the superintendent of that school system; and

2. those other officials and employees of that school system designated by the school board, subject to subparagraph (iii) of this paragraph.

(ii) The regulations adopted under paragraph (1)(ii) of this subsection shall apply to:

1. each member of the school board; and

2. if the school board is an elected board under Title 3, Subtitle 1, Part III of the Education Article, each candidate for election to the school board.

(iii) The regulations may not apply to a classroom teacher unless the teacher has additional duties, not normally expected of classroom teachers, that cause the teacher for other reasons to be covered by the financial disclosure regulations.

(b) (1) Except as provided in subsection (c) of this section, the regulations adopted under subsection (a)(1)(i) of this section:

(i) shall be similar to the provisions of Subtitle 6 of this title; but

(ii) in accordance with regulations adopted by the Ethics Commission and consistent with the intent of this title, may be modified to the extent necessary to make the regulations relevant to the prevention of conflicts of interest in that school system.

(2) The regulations adopted under subsection (a)(1)(ii) of this section:

(i) shall be equivalent to or exceed the requirements of Subtitle 6 of this title; but

(ii) in accordance with regulations adopted by the Ethics Commission and consistent with the intent of this title, may be modified to the extent necessary to make the regulations relevant to the prevention of conflicts of interest in that school system.

(c) (1) (i) This section does not compel a school board to require an individual to file a financial disclosure statement except:

1. when the personal interest of the individual will present a potential conflict with the public interest in connection with an anticipated public action of the individual; and

2. at least annually to report on gifts received by the individual.

(ii) The regulations adopted under subsection (a)(1)(i) of this section shall require that a statement filed under subparagraph (i)1 of this paragraph be filed sufficiently in advance of the public action to provide adequate disclosure to the public.

(2) The regulations adopted under subsection (a)(1)(ii) of this section shall require that a statement filed by a member of a school board be filed on or before April 30 of each year.

(d) Except as provided for a school board member under this part, unless a school board adopts and maintains financial disclosure regulations under this subtitle, the provisions enacted by the county under § 5–809 of this subtitle shall apply to:

(1) the superintendent of that school system; and

(2) the other officials and employees of the school system designated by the governing body of that county.
Md. Code, State Personnel and Pensions § 5-302 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) This subtitle does not preclude action for defamation or invasion of privacy.

(b) This subtitle does not prohibit a personnel action that would have been taken regardless of a disclosure of information.
Md. Code, Transportation § 5-1105 — MD Code / Article gtr / Title 5 / Subtitle 11 / Section 5-1105
§5–1105.
Status: in_force

(a) Except as otherwise provided in this title, any person who violates any provision of this title or of any rule, regulation, or order adopted or issued under this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 90 days or both.

(b) In Carroll County or Baltimore County, a person who violates the provisions of § 5-705.1 of this title is subject to a fine of $100,000 for each violation and each month that a violation continues.
Md. Code, Family Law § 5-509.1 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-509.1
§5–509.
Status: in_force

§5–509.1.

(a) Except as otherwise provided in subsection (b) of this section and subject to subsection (c) of this section, on or after January 1, 2000, a person shall be licensed by the Administration before the person may operate a residential educational facility.

(b) This section does not apply:

(1) to a child care home that has a license under this subtitle or under § 9–235 of the Human Services Article;

(2) to a child care institution that has a license under this subtitle or under § 9–236 of the Human Services Article; or

(3) to an institution that accepts only children placed by the Maryland Department of Health or the Department of Juvenile Services.

(c) This section does not affect any requirement that a residential educational facility obtain a certificate of approval from the State Board of Education for its educational program.
Md. Code, Health - General § 5-408 — MD Code / Article ghg / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

(a) (1) A person may not sell or buy any body or any part of a body that is under the exclusive control of the Board.

(2) A person other than a nonprofit organization that qualifies under § 501(c)(3) of the Internal Revenue Code, may not sell, buy, or act as a broker for a profit in the transfer of any human organ that:

(i) Is removed from a human body that is alive or dead at the time of removal; and

(ii) Is not under the exclusive control of the Board.

(3) In this section, “human organ” does not include blood and plasma.

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, a person may not send, transport, or permit or cause to be sent or transported out of the State any body or any part of a body that is under the exclusive control of the Board.

(2) The Board may authorize, by regulation, the transporting of human specimens under its exclusive control to an out–of–state medical study program, provided that:

(i) The needs of the schools of the State are met;

(ii) The requesting party demonstrates the need for a specimen;

(iii) The circumstances of the request are that:

1. No other sufficient source of specimens within the requesting state exists; or

2. A preexisting organ tissue donation was made by an individual in compliance with the Maryland Revised Uniform Anatomical Gift Act;

(iv) The requesting party bears the responsibility for transporting and the specialized care of the specimen and all associated costs; and

(v) The Board retains the right of exclusive control of the specimen including the final disposition when appropriate or necessary to fulfill an obligation to return the remains of a donated specimen to the donor’s family.

(3) The Board may authorize a physician, teacher, demonstrator, or investigator of advanced human biological sciences to send or transport human specimens out of the State for use by medical study programs.
Md. Code, Natural Resources § 5-903.1 — MD Code / Article gnr / Title 5 / Subtitle 9 / Section 5-903.1
§5–903.
Status: reserved

§5–903.1.

(a) In this section, “Fund” means the Program Open Space Contingency Fund.

(b) There is a Program Open Space Contingency Fund.

(c) The Fund is a continuing, nonlapsing, revolving fund not to exceed $1,000,000 that consists of the amount of appropriations for a capital project:

(1) In excess of the amount needed for the capital project; and

(2) Allocated to the Fund by the Governor.

(d) The Fund may be used to:

(1) Supplement an existing appropriation for a capital project; and

(2) Undertake critical maintenance projects.

(e) (1) The Department shall evaluate each request for an expenditure from the Fund.

(2) The Department may request the Board of Public Works to authorize an expenditure from the Fund if:

(i) All reasonable attempts to reduce the cost of the capital project have been made;

(ii) No practical alternative exists for securing funding to complete the capital or critical maintenance project; and

(iii) The requested funding does not increase the scope of the capital project.

(3) Prior to seeking approval from the Board of Public Works, the Department of Natural Resources and the Department of Budget and Management shall:

(i) Provide written notice to the budget committees on the planned use of the funds; and

(ii) Allow 45 days for review and comment by the budget committees unless the additional funds necessary do not exceed 20% of the original appropriation for any project and in the judgment of the Department of Natural Resources and the Department of Budget and Management that the additional funds are necessary to prevent a work stoppage on the project.

(4) If the Board of Public Works authorizes an expenditure from the Fund, the amount specified by the Board of Public Works may be transferred from the Fund to the Program Open Space account to supplement the specified authorization.

(f) On or before January 1 of each year, the Secretary of Natural Resources shall report to the General Assembly, subject to § 2–1257 of the State Government Article, on the money:

(1) Deposited in the Fund;

(2) Authorized for expenditure from the Fund; and

(3) Expended from the Fund.

(g) Money in the Fund shall be deposited with the State Treasurer.
Md. Code, General Provisions § 5-817 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-817
§5–817.
Status: in_force

(a) In accordance with this section, a school board:

(1) may adopt conflict of interest regulations applicable to officials and employees of the school system; and

(2) shall adopt conflict of interest regulations applicable to members of the school board.

(b) (1) The conflict of interest regulations adopted by a school board under subsection (a)(1) of this section:

(i) shall be similar to the provisions of Subtitle 5 of this title; but

(ii) in accordance with regulations adopted by the Ethics Commission and consistent with the intent of this title, may be modified to the extent necessary to make the regulations relevant to the prevention of conflicts of interest in that school system.

(2) The conflict of interest regulations adopted by a school board under subsection (a)(2) of this section:

(i) shall be equivalent to or exceed the requirements of Subtitle 5 of this title; but

(ii) in accordance with regulations adopted by the Ethics Commission and consistent with the intent of this title, may be modified to the extent necessary to make the regulations relevant to the prevention of conflicts of interest in that school system.

(c) Unless a school board adopts and maintains conflict of interest regulations under subsection (a)(1) of this section, the provisions enacted by the county under § 5–808 of this subtitle shall apply to officials and employees of that school system.
Md. Code, General Provisions § 5-815 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-815
§5–815.
Status: in_force

This part governs the conflict of interest standards, financial disclosure requirements, and lobbying regulations of school systems.
Md. Code, Family Law § 5-318 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-318
§5–318.
Status: in_force

(a) (1) In addition to any hearing required under this subsection or § 5-306(b)(2) of this subtitle, a juvenile court may hold a hearing before entering a guardianship order under § 5-320(a)(1) of this subtitle or otherwise ruling on a guardianship petition.

(2) If a party becomes aware, before a juvenile court rules on a guardianship petition, that a condition of consent under § 5-320(b) of this subtitle may not be fulfilled:

(i) the party promptly shall:

1. file notice with the juvenile court;

2. give notice to all of the other parties; and

3. if consent was received from a governmental unit or person who is not a party, give notice to that unit or person;

(ii) the juvenile court shall schedule a hearing to occur within 30 days after the filing of the notice; and

(iii) if the party, unit, or person whose condition cannot be fulfilled fails to enter into a new consent, the juvenile court shall set the case in for a prompt trial on the merits of the petition.

(b) Before a juvenile court grants guardianship under § 5-320(a)(2) of this subtitle, the juvenile court shall hold a trial on the merits of the petition.

(c) Before a trial or other hearing under this section, a juvenile court shall give notice to all of the parties.
Md. Code, Agriculture § 5-301 — MD Code / Article gag / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

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

(b) “Broker” means any person who solicits, takes orders, sells or distributes nursery stock in the State other than a nurseryman or dealer.

(c) (1) “Dealer” means any person, except a nurseryman or broker, who advertises nursery stock for sale or installation or who buys, collects, or otherwise acquires wild plants or nursery stock for the purpose of selling, planting or distributing them.

(2) “Dealer” does not include a person who acquires plants for personal use.

(d) “Nursery” means any place where nursery stock is produced for sale or distribution.

(e) “Nursery stock” means (1) any hardy plant or plant that survives Maryland winters, including a deciduous or evergreen tree, shrub, or woody vine whether cultivated, native, or wild, and all viable parts of the plant; (2) any nonhardy plant or plant part to be distributed in another state that requires plant inspection and certification before entering that state; and (3) any other plant included by the Secretary, if regulating its movement is necessary to control any dangerously injurious plant pest.

(f) “Nurseryman” means any person engaged in the production of nursery stock for sale or distribution.

(g) “Plant pest” means any insect, snail, nematode, fungus, virus, bacteria, weed, or any other form of terrestrial or aquatic plant or microorganisms (except viruses, bacteria, or other microorganisms on or in living man or another living animal) which is normally considered to be a plant pest or which the Secretary declares to be a pest.
Md. Code, Public Safety § 5-145 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-145
§5–145.
Status: in_force

(a) (1) A licensed dealer shall keep records of all receipts, sales, and other dispositions of firearms affected in connection with the licensed dealer’s business.

(2) The Secretary shall adopt regulations specifying:

(i) subject to paragraph (3) of this subsection, the information that the records shall contain;

(ii) the time period for which the records are to be kept; and

(iii) the form in which the records are to be kept.

(3) The records shall include:

(i) the name and address of each person from whom the dealer acquires a firearm and to whom the dealer sells or otherwise disposes of a firearm;

(ii) a precise description, including make, model, caliber, and serial number of each firearm acquired, sold, or otherwise disposed of; and

(iii) the date of each acquisition, sale, or other disposition.

(4) Records maintained under 18 U.S.C. § 923(g)(1)(A) may be used to satisfy the requirements of this section, if the Secretary is granted access to those records.

(b) (1) When required by a letter issued by the Secretary, a licensee shall submit to the Secretary the information required to be kept under subsection (a) of this section for the time periods specified by the Secretary.

(2) The Secretary shall determine the form and method by which the records shall be maintained.

(c) When a firearms business is discontinued and succeeded by a new licensee, the records required to be kept under this section shall reflect the business discontinuance and succession and shall be delivered to the successor licensee.

(d) (1) A licensee shall respond within 48 hours after receipt of a request from the Secretary for information contained in the records required to be kept under this section when the information is requested in connection with a bona fide criminal investigation.

(2) The information requested under this subsection shall be provided orally or in writing, as required by the Secretary.

(3) The Secretary may implement a system by which a licensee can positively establish that a person requesting information by telephone is authorized by the Secretary to request the information.

(e) The Secretary may make available to a federal, State, or local law enforcement agency any information that the Secretary obtains under this section relating to the identities of persons who have unlawfully purchased or received firearms.

(f) The Secretary:

(1) shall inspect the inventory and records of a licensed dealer at least once every 2 years; and

(2) may inspect the inventory and records at any time during the normal business hours of the licensed dealer’s business.

(g) (1) A person who violates this section is subject to a civil penalty not exceeding $1,000 imposed by the Secretary.

(2) For a second or subsequent offense, a person who knowingly violates this section is guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not exceeding $10,000 or both.

(3) The penalties provided in this subsection are not intended to apply to inconsequential or inadvertent errors.
Md. Code, Public Safety § 5-702 — MD Code / Article gps / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

This subtitle does not apply to:

(1) a firearm that:

(i) was manufactured before October 22, 1968; or

(ii) is an antique firearm;

(2) a sale, an offer to sell, a transfer, or a delivery of a firearm or an unfinished frame or receiver to, or possession of a firearm or unfinished frame or receiver by:

(i) a federally licensed firearms dealer;

(ii) a federally licensed firearms manufacturer; or

(iii) a federally licensed firearms importer; or

(3) a transfer or surrender of a firearm or an unfinished frame or receiver to a law enforcement agency.
Md. Code, Labor and Employment § 5-328 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-328
§5–328.
Status: in_force

The Commissioner shall adopt regulations that provide:

(1) for a consultation program that conforms to federal law and regulations (29 C.F.R. Part 1908);

(2) that, unless the employer fails to correct or abate a hazard identified during a consultation inspection within the time allowed in the consultation report, the employer will not receive a citation or penalty for a hazard identified during the consultation inspection; and

(3) to the extent allowed by federal law and regulations, for an exemption not to exceed 2 years from general schedule inspection for an employer who, in accordance with the Commissioner’s regulations, uses the consultation program provided by the Division of Labor and Industry.
Md. Code, Criminal Procedure § 5-211 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-211
§5–211.
Status: in_force

(a) If a person has been charged with a crime and admitted to bail or released on recognizance and the person forfeits the bail or recognizance and willfully fails to surrender, a bench warrant shall be issued for the person’s arrest.

(b) (1) On issuing a bench warrant under subsection (a) of this section, a judge may also set a bond in the case.

(2) If a person against whom a bench warrant has been issued posts a bond that has been set by a judge under paragraph (1) of this subsection:

(i) a judicial officer shall mark the bench warrant satisfied; and

(ii) the court shall reschedule the hearing or trial.

(c) A person who has been admitted to bail or released on recognizance in a criminal case in the State and who willfully fails to surrender within 30 days after the date of forfeiture is guilty of a misdemeanor and on conviction is subject to:

(1) a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both, if the bail or recognizance was given in connection with a charge of a felony or pending an appeal, certiorari, habeas corpus, or postconviction proceeding after conviction of any crime; or

(2) a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both, if the bail or recognizance was given in connection with a charge of a misdemeanor, or for appearance as a witness.

(d) This section does not diminish the power of a court to punish for contempt.

(e) A person who is prosecuted under subsection (c)(1) of this section is subject to § 5–106(b) of the Courts Article regarding the exemption from the statute of limitations for the institution of prosecution and the right of in banc review.
Md. Code, State Finance and Procurement § 5-812 — MD Code / Article gsf / Title 5 / Subtitle 8 / Section 5-812
§5–812.
Status: in_force

There is a Patuxent River Commission in the Department.
Md. Code, Local Government § 5-209 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-209
§5–209.
Status: in_force

(a) This section does not affect any public general law or public local law relating to health or the powers and duties of:

(1) the Secretary of Health; or

(2) a county board of health.

(b) A municipality may appoint a board of health and establish its powers and duties.

(c) A municipality may:

(1) establish quarantine regulations;

(2) authorize the removal or confinement of individuals having infectious or contagious diseases;

(3) prevent and remove nuisances;

(4) prevent the introduction of contagious diseases into the municipality; and

(5) regulate any place where noxious things are manufactured, offensive trades are conducted, or that may cause unsanitary conditions or conditions detrimental to health.

(d) A municipality may:

(1) regulate or prohibit the throwing or depositing of dirt, garbage, trash, or liquids in a public place; and

(2) provide for the proper disposal of these materials.

(e) A municipality may:

(1) regulate the interment of bodies; and

(2) control the location and establishment of cemeteries.
Md. Code, Health Occupations § 5-501 — MD Code / Article gho / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

This title may be cited as the “Maryland Licensed Dietitian-Nutritionists Act”.
Md. Code, Land Use § 5-201 — MD Code / Article glu / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) (1) (i) Subject to paragraph (2) of this subsection, if an applicant has complied with all subdivision regulations, a planning commission shall approve or disapprove a final plat within 30 days after the applicant submits the final plat to the planning commission.

(ii) If the planning commission does not approve or disapprove the plat within 30 days, the plat shall be considered approved and the planning commission shall issue a certificate to that effect on demand.

(2) Notwithstanding paragraph (1) of this subsection, if the planning commission does not approve or disapprove the plat within 30 days, an applicant for approval of a final plat may waive this requirement and consent to an extension of the period for approval.

(3) If a final plat is disapproved, the planning commission shall state the grounds for the disapproval in the planning commission’s records.

(b) (1) Each plat approved by the planning commission shall, through the approval, be considered:

(i) an amendment or a detail of the comprehensive plan; and

(ii) a part of the comprehensive plan.

(2) Approval of a plat does not constitute or effect an acceptance by the public of any street or other open space shown on the plat.

(3) A planning commission periodically may recommend to the legislative body amendments of the zoning law or map to conform to the planning commission’s recommendations for the zoning regulation of the territory within approved subdivisions.

(c) (1) A planning commission may agree with an applicant on use, height, area, or bulk requirements or restrictions that are designed to promote the purposes of the zoning law of the local jurisdiction.

(2) (i) The requirements or restrictions shall be stated on the plat before the plat is approved and recorded.

(ii) The requirements or restrictions shall have the same force of law, shall be enforceable in the same manner and with the same sanctions and penalties, and shall be subject to the same power of amendment or repeal as though part of the zoning law or map of the local jurisdiction.
Md. Code, Public Utilities § 5-104 — MD Code / Article gpu / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

(a) The Commission may authorize the acts described in §§ 5-202, 5-203, and 5-205 of this title and § 6-101(a) of this article if it finds that the authorization is consistent with the public convenience and necessity.

(b) Authority that the Commission grants under §§ 5-202 and 5-203 of this title does not:

(1) revive a lapsed franchise;

(2) validate an invalid franchise;

(3) enlarge or add to the powers and privileges of a franchise; or

(4) waive a forfeiture.
Md. Code, Corporations and Associations § 5-337 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-337
§5–337.
Status: in_force

(a) This part applies to every religious corporation formed in this State by a parish or separate congregation that is in union with or intending to apply for union with the convention of the Protestant Episcopal Church in the Diocese of Easton, as created by Chapter 23, Acts of 1870.

(b) (1) Except as provided in paragraph (2) of this subsection or otherwise in this part:

(i) Part I of this subtitle applies to and regulates the corporate and temporal affairs of every religious corporation described in subsection (a) of this section, including those incorporated under Chapter 24, Acts of 1798, or by special act of the General Assembly; and

(ii) To the extent not prohibited by the Constitution of the United States or of this State, the charter of each of them is deemed to be amended to conform to this subtitle until the charter otherwise is amended by the parish or separate congregation as provided in Part I of this subtitle.

(2) As to any parish or separate congregation that was incorporated before the effective date of the Maryland Constitution of 1851 and, therefore, has an irrepealable charter, unless that parish or separate congregation accepts, uses, enjoys, or in any way avails itself of any right, privilege, or advantage granted or conferred by any statute enacted after November 3, 1891:

(i) Part I of this subtitle does not apply to the parish or separate congregation; and

(ii) The parish or separate congregation continues to be governed by the statute under which it was incorporated.
Md. Code, Insurance § 5-1002 — MD Code / Article gin / Title 5 / Subtitle 10 / Section 5-1002
§5–1002.
Status: in_force

(a) This subtitle does not apply to:

(1) life insurance;

(2) health insurance;

(3) annuities;

(4) title insurance;

(5) wet marine and transportation insurance;

(6) workers’ compensation insurance;

(7) employer’s liability coverage; or

(8) a policy or type of coverage as to which the maximum possible loss to the insurer cannot be readily ascertained when the policy is issued or the coverage is provided.

(b) As to alien insurers, this subtitle applies only to risks and surplus to policyholders of an alien insurer’s United States branch.
Md. Code, Agriculture § 5-404 — MD Code / Article gag / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) The Secretary may receive from any county, municipality, or special taxing district in the State funds for the purpose authorized by this section.

(b) The Secretary may contract with any county, municipality, or special taxing district with respect to the construction or maintenance of the facilities and other work authorized by this subtitle to control or eliminate mosquitoes in or adjacent to the county, municipality or special taxing district.

(c) The county, municipality, or special taxing district shall carry out the provisions of any contract entered into with the Secretary with respect to the work authorized by this subtitle.

(d) To meet its financial commitments under the contract, each county, municipality, or special taxing district shall appropriate and, if necessary, levy taxes for these funds and pay them over, as the contract requires.

(e) All expenses for mosquito control on State-owned land shall be paid from the general funds of the State.
Md. Code, Corporations and Associations § 5-313 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-313
§5–313.
Status: in_force

A bill may not be introduced at the General Assembly to amend the charter of any religious corporation, whether or not previously incorporated by special act.
Md. Code, Local Government § 5-203 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) In addition to, but not in substitution of, the powers that have been or may be granted to it, the legislative body of a municipality may exercise the express powers provided in this subtitle by adopting ordinances.

(b) Except as provided in Article XI–E of the Maryland Constitution, an ordinance adopted by the legislative body of a municipality may not conflict with State law.
Md. Code, Natural Resources § 5-216 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-216
§5–216.
Status: in_force

(a) There is a Deep Creek Lake Policy and Review Board.

(b) (1) The Board consists of:

(i) Five members appointed by the Governor in accordance with paragraph (2) of this subsection;

(ii) The Senator of the Maryland General Assembly who represents legislative district 1 or the Senator’s designee;

(iii) The Delegate of the Maryland General Assembly who represents delegate district 1A of legislative district 1 or the Delegate’s designee;

(iv) A member of the Board of County Commissioners of Garrett County, selected by the Board of County Commissioners, or an alternative County Commissioner, serving as the member’s designee;

(v) The president of the Deep Creek Lake property owner’s association or the president’s designee;

(vi) The chairman of the Garrett County Chamber of Commerce or the chairman’s designee; and

(vii) The following nonvoting ex officio members:

1. The Secretary, or the Secretary’s designee; and

2. The Secretary of the Environment, or the Secretary of the Environment’s designee.

(2) Of the five members appointed under paragraph (1)(i) of this subsection:

(i) Two shall be residents of Garrett County;

(ii) One shall be a representative of the Maryland Bass Federation and a resident of Maryland; and

(iii) Two shall be members at large.

(3) (i) Each member of the Board appointed under paragraph (1)(i) of this subsection serves for a term concurrent with the term of the Board of County Commissioners of Garrett County.

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

(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.

(4) Each member of the Board or designee serving under paragraph (1)(ii) through (vii) of this subsection serves for a term concurrent with the member’s office or position.

(c) From among the members appointed under subsection (b)(1)(i) of this section, the Governor shall name a chairman of the Board.

(d) (1) A majority of the voting members then serving on the Board is a quorum.

(2) A member of the Maryland General Assembly, or a designee of the member, shall abstain from voting on:

(i) A proposed fee under § 5–215(d) of this subtitle; or

(ii) Any other regulation submitted to the Board under § 5–215.1(d)(2) of this subtitle.

(e) (1) The Board shall meet at least four times a year.

(2) The chairman shall determine the time and place of the meetings of the Board.

(3) Each meeting shall be conducted in Garrett County.

(f) (1) A member of the Board:

(i) May not receive compensation; but

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

(2) Expenses shall be paid from the Deep Creek Lake Recreation Maintenance and Management Fund.

(g) (1) The Board shall review and advise the Secretary on matters that relate to the Deep Creek Lake Recreation Maintenance and Management Fund and the Deep Creek Lake management program.

(2) The Board may review and make recommendations to the Secretary on budgetary matters that concern the management and maintenance of the lake and buffer area.

(3) The Board shall review and advise the Secretary of the Environment on matters that relate to Deep Creek Lake and are within the jurisdiction of the Secretary of the Environment.
Md. Code, State Finance and Procurement § 5-203 — MD Code / Article gsf / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) The Secretary is responsible for the budget of the Department.

(b) (1) The Secretary may adopt regulations for the Department.

(2) The Secretary shall review and shall have the power to approve or disapprove or revise the regulations of all boards, commissions, divisions, and other agencies within the jurisdiction of the Department.

(c) In addition to the meetings of any board or commission within the Department that are provided for by law or are called by the chair of the board or commission, the Secretary, whenever appropriate, may call a meeting of a board or commission to consider any subject that the Secretary considers necessary and proper.

(d) All boards, commissions, divisions, and other agencies of the Department shall report to the Secretary or the Secretary’s designee as provided in regulations or written directives of the Secretary.

(e) The Secretary may create any citizens’ advisory body that the Secretary considers necessary for the operation of the Department.

(f) The Secretary shall have a seal.

(g) (1) The Secretary is responsible for the comprehensive planning of programs and services of the Department.

(2) The Secretary shall review and approve or disapprove the plans of the units in the Department.

(h) The Secretary or a staff member of the Department designated by the Secretary shall have access to information that relates to State planning in the possession of any unit of the State government, of a regional government, or of a local government.

(i) If the entry is made in a manner so as to cause no unnecessary injury, the Secretary or a staff member of the Department designated by the Secretary may enter, at any reasonable hour, on any land in order to make examinations and surveys that relate to State planning.

(j) After providing adequate public notice, the Secretary shall hold hearings on matters of State planning whenever it is in the public interest to do so.

(k) In the interest of intergovernmental cooperation, the Secretary shall attend:

(1) meetings of regional planning commissions;

(2) interstate planning conferences; and

(3) other planning conferences.

(l) The Secretary may contract for professional or consultant services for work related to State planning as provided in the State budget.

(m) The Secretary may exercise any power necessary and proper to discharge the Secretary’s duties.
Md. Code, Natural Resources § 5-508 — MD Code / Article gnr / Title 5 / Subtitle 5 / Section 5-508
§5–508.
Status: in_force

On application of the Department, acting through the Attorney General, the circuit court for the county where a cutting operation is located, by appropriate order, may enforce compliance with or enjoin the violation of any provision of this subtitle or rule or regulation adopted pursuant to it. Enforcement may include the assessment by the court in its discretion of money damages payable by the violator to the Department which is equal to the estimated cost of compliance with this subtitle. The Department may enforce payment of any award in the same manner as other money judgments of the court. Any money the Department collects shall be used for compliance with this subtitle on the land where the violation occurred.
Md. Code, Family Law § 5-710 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-710
§5–710.
Status: in_force

(a) Based on its findings and treatment plan, the local department shall render the appropriate services in the best interests of the child, including, when indicated, petitioning the juvenile court on behalf of the child for appropriate relief, including the added protection to the child that either commitment or custody would provide.

(b) (1) Promptly after receiving a report from a hospital or health practitioner of suspected neglect related to drug abuse and conducting an appropriate investigation, the local department may:

(i) file a petition alleging that the child is in need of assistance under Title 3, Subtitle 8 of the Courts Article; and

(ii) offer the mother admission into a drug treatment program.

(2) The local department may initiate a judicial proceeding to terminate a mother’s parental rights, if the local department offers the mother admission into a drug treatment program under this subsection within 90 days after the birth of the child and the mother:

(i) does not accept admission to the program or its equivalent within 45 days after the offer is made;

(ii) does not accept the recommended level of drug treatment within 45 days after the offer is made; or

(iii) fails to fully participate in the program or its equivalent.

(c) If a report has been made to the State’s Attorney’s office under § 5–706(i) of this subtitle and the office is not satisfied with the recommendation of the local department, the office may petition a juvenile court, at the time of the report by the representative, to remove the child, if the State’s Attorney concludes that the child is in serious physical danger and that an emergency exists.
Md. Code, Economic Development § 5-2404 — MD Code / Article gec / Title 5 / Subtitle 24 / Section 5-2404
§5–2404.
Status: in_force

The Secretary shall adopt regulations necessary to carry out this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 5-106 — MD Code / Article gab / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

If a franchisee is granted a sales territory for which the franchisee is primarily responsible or in which the franchisee is required to concentrate its efforts, the franchisee may not sell or deliver beer to a retail dealer whose place of business is not within the sales territory granted to the franchisee.
Md. Code, Natural Resources § 5-1501 — MD Code / Article gnr / Title 5 / Subtitle 15 / Section 5-1501
§5–1501.
Status: in_force

There is a Heritage Conservation Fund in the Department.
Md. Code, Correctional Services § 5-405 — MD Code / Article gcs / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

(a) An incarcerated individual in the centralized booking facility who is sick, injured, or disabled shall:

(1) reimburse the State, as appropriate, for the payment of medical expenses; and

(2) provide the warden with any information relating to:

(i) the existence of any health insurance, group health plan, or prepaid medical care coverage under which the incarcerated individual is insured or covered;

(ii) the incarcerated individual’s eligibility for benefits under the Maryland Medical Assistance Program;

(iii) the name and address of the third party payor; and

(iv) any policy or other identifying number relating to items (i) through (iii) of this item.

(b) (1) In addition to obtaining any reimbursement authorized under subsection (a) of this section and subject to paragraph (4) of this subsection, the Department shall establish a reasonable fee, not to exceed $4, for each visit by an incarcerated individual to an institutional medical unit or noninstitutional physician, dentist, or optometrist.

(2) The per visit fee shall be deducted from an incarcerated individual’s spending financial account, reserve financial account, or similar account held by the warden on behalf of the incarcerated individual.

(3) The fees collected under this subsection shall be deposited in the General Fund of the State.

(4) This subsection does not apply to a visit by an incarcerated individual to a medical unit or a physician, dentist, or optometrist if the visit is:

(i) required as a part of the intake process;

(ii) required for an initial physical examination;

(iii) due to a referral by a nurse or physician’s assistant;

(iv) provided during a follow–up visit that is initiated by a medical professional from the centralized booking facility;

(v) initiated by a medical or mental health staff member of the centralized booking facility; or

(vi) required for necessary treatment.

(c) Subsections (a) and (b) of this section do not impose liability for reimbursement or payment of medical expenses on any person other than an incarcerated individual personally or through a person that provides insurance, coverage, or other benefits described under subsection (a) of this section.
Md. Code, Public Safety § 5-101 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Antique firearm” has the meaning stated in § 4–201 of the Criminal Law Article.

(b–1) (1) “Convicted of a disqualifying crime” includes:

(i) a case in which a person received probation before judgment for a crime of violence; and

(ii) a case in which a person received probation before judgment in a domestically related crime as defined in § 6–233 of the Criminal Procedure Article.

(2) “Convicted of a disqualifying crime” does not include a case in which a person received a probation before judgment:

(i) for assault in the second degree, unless the crime was a domestically related crime as defined in § 6–233 of the Criminal Procedure Article; or

(ii) that was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article.

(c) “Crime of violence” means:

(1) abduction;

(2) arson in the first degree;

(3) assault in the first or second degree;

(4) burglary in the first, second, or third degree;

(5) carjacking and armed carjacking;

(6) escape in the first degree;

(7) kidnapping;

(8) voluntary manslaughter;

(9) maiming as previously proscribed under former Article 27, § 386 of the Code;

(10) mayhem as previously proscribed under former Article 27, § 384 of the Code;

(11) murder in the first or second degree;

(12) rape in the first or second degree;

(13) robbery;

(14) robbery with a dangerous weapon;

(15) sexual offense in the first, second, or third degree;

(16) home invasion under § 6–202(b) of the Criminal Law Article;

(17) a felony offense under Title 3, Subtitle 11 of the Criminal Law Article;

(18) an attempt to commit any of the crimes listed in items (1) through (17) of this subsection; or

(19) assault with intent to commit any of the crimes listed in items (1) through (17) of this subsection or a crime punishable by imprisonment for more than 1 year.

(d) “Dealer” means a person who is engaged in the business of:

(1) selling, renting, or transferring firearms at wholesale or retail; or

(2) repairing firearms.

(e) “Dealer’s license” means a State regulated firearms dealer’s license.

(f) “Designated law enforcement agency” means a law enforcement agency that the Secretary designates to process applications to purchase regulated firearms for secondary sales.

(g) “Disqualifying crime” means:

(1) a crime of violence;

(2) a violation classified as a felony in the State; or

(3) a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years.

(h) (1) “Firearm” means:

(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive;

(ii) the frame or receiver of such a weapon; or

(iii) an unfinished frame or receiver, as defined in § 5–701 of this title.

(2) “Firearm” includes a starter gun.

(i) “Firearm applicant” means a person who makes a firearm application.

(j) “Firearm application” means an application to purchase, rent, or transfer a regulated firearm.

(k) “Fugitive from justice” means a person who has fled to avoid prosecution or giving testimony in a criminal proceeding.

(l) “Habitual drunkard” means a person who has been found guilty of any three crimes under § 21–902(a), (b), or (c) of the Transportation Article, one of which occurred in the past year.

(m) “Habitual user” means a person who has been found guilty of two controlled dangerous substance crimes, one of which occurred in the past 5 years.

(n) (1) “Handgun” means a firearm with a barrel less than 16 inches in length.

(2) “Handgun” includes signal, starter, and blank pistols.

(o) “Handgun qualification license” means a license issued by the Secretary that authorizes a person to purchase, rent, or receive a handgun.

(p) “Licensee” means a person who holds a dealer’s license.

(q) “Qualified handgun instructor” means a certified firearms instructor who:

(1) is recognized by the Maryland Police and Correctional Training commissions;

(2) has a qualified handgun instructor license issued by the Secretary; or

(3) has a certification issued by a nationally recognized firearms organization.

(r) “Regulated firearm” means:

(1) a handgun; or

(2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:

(i) American Arms Spectre da Semiautomatic carbine;

(ii) AK–47 in all forms;

(iii) Algimec AGM–1 type semi–auto;

(iv) AR 100 type semi–auto;

(v) AR 180 type semi–auto;

(vi) Argentine L.S.R. semi–auto;

(vii) Australian Automatic Arms SAR type semi–auto;

(viii) Auto–Ordnance Thompson M1 and 1927 semi–automatics;

(ix) Barrett light .50 cal. semi–auto;

(x) Beretta AR70 type semi–auto;

(xi) Bushmaster semi–auto rifle;

(xii) Calico models M–100 and M–900;

(xiii) CIS SR 88 type semi–auto;

(xiv) Claridge HI TEC C–9 carbines;

(xv) Colt AR–15, CAR–15, and all imitations except Colt AR–15 Sporter H–BAR rifle;

(xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K–1, and K–2;

(xvii) Dragunov Chinese made semi–auto;

(xviii) Famas semi–auto (.223 caliber);

(xix) Feather AT–9 semi–auto;

(xx) FN LAR and FN FAL assault rifle;

(xxi) FNC semi–auto type carbine;

(xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;

(xxiii) Steyr–AUG–SA semi–auto;

(xxiv) Galil models AR and ARM semi–auto;

(xxv) Heckler and Koch HK–91 A3, HK–93 A2, HK–94 A2 and A3;

(xxvi) Holmes model 88 shotgun;

(xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;

(xxviii) Manchester Arms “Commando” MK–45, MK–9;

(xxix) Mandell TAC–1 semi–auto carbine;

(xxx) Mossberg model 500 Bullpup assault shotgun;

(xxxi) Sterling Mark 6;

(xxxii) P.A.W.S. carbine;

(xxxiii) Ruger mini–14 folding stock model (.223 caliber);

(xxxiv) SIG 550/551 assault rifle (.223 caliber);

(xxxv) SKS with detachable magazine;

(xxxvi) AP–74 Commando type semi–auto;

(xxxvii) Springfield Armory BM–59, SAR–48, G3, SAR–3, M–21 sniper rifle, M1A, excluding the M1 Garand;

(xxxviii) Street sweeper assault type shotgun;

(xxxix) Striker 12 assault shotgun in all formats;

(xl) Unique F11 semi–auto type;

(xli) Daewoo USAS 12 semi–auto shotgun;

(xlii) UZI 9mm carbine or rifle;

(xliii) Valmet M–76 and M–78 semi–auto;

(xliv) Weaver Arms “Nighthawk” semi–auto carbine; or

(xlv) Wilkinson Arms 9mm semi–auto “Terry”.

(s) “Rent” means the temporary transfer for consideration of a regulated firearm that is taken from the property of the owner of the regulated firearm.

(t) “Secondary sale” means a sale of a regulated firearm in which neither party to the sale:

(1) is a licensee;

(2) is licensed by the federal government as a firearms dealer;

(3) devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of earning a profit through the repeated purchase and resale of firearms; or

(4) repairs firearms as a regular course of trade or business.

(u) “Secretary” means the Secretary of State Police or the Secretary’s designee.

(v) “Straw purchase” means a sale of a regulated firearm in which a person uses another, known as the straw purchaser, to:

(1) complete the application to purchase a regulated firearm;

(2) take initial possession of the regulated firearm; and

(3) subsequently transfer the regulated firearm to the person.
Md. Code, General Provisions § 5-513 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-513
§5–513.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the disqualification arising under § 5–512 of this subtitle is suspended if a legislator with an apparent or presumed conflict files with the Joint Ethics Committee a sworn statement that:

(i) describes the circumstances of the apparent or presumed conflict and the legislation, class of legislation, or legislative action to which it relates; and

(ii) asserts that the legislator is able to participate in legislative action relating to the matter fairly, objectively, and in the public interest.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the disqualification arising under § 5–512 of this subtitle may not be suspended if the conflict is direct and personal to:

1. the legislator;

2. a member of the legislator’s immediate family; or

3. the legislator’s employer.

(ii) This paragraph does not apply to a vote on:

1. the annual operating budget bill, in its entirety; or

2. the annual capital budget bill, in its entirety.

(b) (1) Whenever a legislator files a statement described in subsection (a)(1) of this section, the Joint Ethics Committee on its own motion may issue a statement concerning the propriety of the legislator’s participation in the particular legislative action, with reference to the applicable ethical standards.

(2) The suspension of the disqualification by the filing of the statement is subject to further action by the Joint Ethics Committee if the question of conflict comes before the Committee as to the same circumstances and the same legislator.

(c) A member who is disqualified from participating in legislative action under subsection (a)(2)(i) of this section, or who chooses to be excused from participating in legislative action on a bill or class of bills because of the appearance or presumption of a conflict, shall file in a timely manner a statement with the Joint Ethics Committee that describes the circumstances of the apparent or presumed conflict.

(d) All statements filed under this section shall be:

(1) filed electronically on a form required by the Joint Ethics Committee; and

(2) maintained as a matter of public record as required in subsection (e) of this section.

(e) (1) The Department of Legislative Services shall:

(i) compile the statements filed under this section;

(ii) make the statements available for public inspection as provided in the Public Information Act; and

(iii) as to statements filed on or after January 1, 2013, make the statements freely available to the public on the Internet through an online registration program.

(2) As to each statement, the Internet posting shall indicate:

(i) whether the Joint Ethics Committee has made a determination under subsection (b) of this section;

(ii) the determination made, if any; and

(iii) the date, if any, on which the determination was made.
Md. Code, Human Services § 5-319 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-319
§5–319.
Status: in_force

(a) In this section, “demonstration site” means a site that the Secretary selects in consultation with the local director.

(b) The Secretary may establish a FIP demonstration site in not more than six jurisdictions.

(c) Notwithstanding any other law, the local director shall appoint a director of the FIP established in a demonstration site who shall report directly to the local director.

(d) Notwithstanding any other law, the Secretary has sole authority to approve demonstration site plans that will govern FIP functions in a demonstration site, including the authority to approve demonstration site plans that will:

(1) assist families that have an employable parent toward a lasting exit from temporary cash assistance;

(2) ensure that individuals and families receive appropriate benefits;

(3) reduce errors in the administration of FIP;

(4) place temporary cash assistance recipients in employment in which their earnings will likely increase; and

(5) improve the types of employment and employment retention rates of existing and former recipients.

(e) The local director shall:

(1) develop a demonstration site plan for submittal to the Secretary for approval that will detail its:

(i) programmatic structure, including any programmatic changes;

(ii) organizational structure, including any organizational changes;

(iii) pay incentive structure and criteria for the award of pay incentives;

(iv) measurable performance criteria and how these relate to the incentive structure; and

(v) target performance criteria;

(2) implement the plan as approved; and

(3) report to the Department on the progress achieved in the demonstration site.

(f) The proper operation of the demonstration site and the achievement of the target performance criteria shall be an element of the local director’s performance evaluation.

(g) The Secretary shall establish a performance incentive program to provide pay incentives for employees in a demonstration site.

(h) The Secretary’s powers under this section shall be construed liberally.
Md. Code, Family Law § 5-610 — MD Code / Article gfl / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and with the consent of Congress, the government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.
Md. Code, Local Government § 5-212 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-212
§5–212.
Status: in_force

(a) It is the policy of the State that:

(1) the orderly development and use of land and structures requires comprehensive regulation through implementation of planning and zoning controls; and

(2) planning and zoning controls shall be implemented by local government.

(b) (1) To achieve the public purposes of the policy set forth under subsection (a) of this section, the General Assembly recognizes that local government action will displace or limit economic competition by owners and users of property.

(2) It is the policy of the State that competition and enterprise shall be displaced or limited for the attainment of the purposes of the State policy for implementing planning and zoning controls as set forth in this article and elsewhere in public general law and public local law.

(c) This section does not:

(1) grant to a municipality powers in any substantive area not otherwise granted to the municipality by other public general law or public local law;

(2) restrict a municipality from exercising any power otherwise granted to the municipality;

(3) authorize a municipality or its officers to engage in any activity that is otherwise beyond the power of the municipality or its officers; or

(4) preempt or supersede the regulatory authority of any State unit.
Md. Code, Economic Development § 5-1604 — MD Code / Article gec / Title 5 / Subtitle 16 / Section 5-1604
§5–1604.
Status: in_force

(a) (1) An applicant shall submit an application for a Program grant on the form that the Secretary requires.

(2) The applicant may submit an application to the Program at the same time the applicant applies for support from a county comparable program.

(b) The Program shall review the application and all supporting materials in order to evaluate whether the applicant qualifies for a grant from the Program.

(c) (1) Subject to the availability of money in the Fund, the Program may provide to an eligible business a grant that equals the amount of the grant that the county comparable program provides to the business.

(2) The Program shall provide the grants described under paragraph (1) of this subsection on a first–come, first–served basis.

(d) The Program shall coordinate with county comparable programs to evaluate applications and to provide assistance to eligible businesses under this subtitle.
Md. Code, Corporations and Associations § 5-309 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

(a) If an amendment is adopted under § 5-308 of this subtitle, the religious corporation shall adopt articles of amendment which shall set forth the amendment and state that the amendment was advised by the trustees and approved by the members of the religious corporation.

(b) The articles of amendment shall:

(1) Be signed and acknowledged for the religious corporation by the trustees who declared the resolution advisable; and

(2) Have the matters and facts contained in the articles verified under oath by the chairman or secretary of the meeting of members.

(c) The trustees shall file the articles of amendment for record with the Department.
Md. Code, Environment § 5-5B-04 — MD Code / Article gen / Title 5 / Subtitle 5B / Section 5-5B-04
§5–5B–04.
Status: in_force

(a) When applying for a new or expanded water appropriation permit or State financial assistance, public water systems shall include a description of best management practices currently in use, or to be implemented, for improving water conservation and the efficiency with which water is used, treated, stored, and transmitted. The application shall also include a schedule for the implementation of best management practices.

(b) Best management practices may include the following:

(1) Practices designed to measure the amount of water conveyed through the system’s infrastructure to water users, such as universal metering;

(2) Audits of large-volume users;

(3) Reuse and recycling of water for nonpotable, nonresidential applications;

(4) Management of system pressure to reduce usage;

(5) Retrofit programs;

(6) Efficiency in landscape design and irrigation techniques;

(7) Wastewater reclamation and recycling programs;

(8) Fixture replacement programs;

(9) Water and wastewater pricing structures that encourage improved efficiency;

(10) Rebates and other financial incentives;

(11) An education program for users designed to promote increased efficiency and conservation; and

(12) Promotion or adoption of local water-use ordinances that encourage water conservation.
Md. Code, Public Safety § 5-704 — MD Code / Article gps / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

(a) The Secretary shall maintain a system to register firearms imprinted with serial numbers under § 5–703(b)(2)(ii) of this subtitle.

(b) Registration data provided for registration is not open to public inspection.

(c) For each fiscal year, the Governor shall include in the annual State budget an appropriation of at least $150,000 to fund registration activities conducted by the Secretary under this section.
Md. Code, General Provisions § 5-827 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-827
§5–827.
Status: in_force

(a) The Ethics Commission, the executive director of each bicounty commission, and the chief administrative officer of each county:

(1) shall maintain financial disclosure statements of commissioners and appointed applicants received under this part;

(2) shall make the statements available to the public for examination and copying during normal office hours; and

(3) may charge a reasonable fee and adopt reasonable administrative procedures for the examination and copying of a statement.

(b) The Ethics Commission, the executive director of each bicounty commission, and the chief administrative officer of each county shall require that any person examining or copying a statement shall record:

(1) the person’s name and home address; and

(2) the name of the individual whose statement was examined or copied.
Md. Code, State Finance and Procurement § 5-7B-03 — MD Code / Article gsf / Title 5 / Subtitle 7B / Section 5-7B-03
§5–7B–03.
Status: in_force

(a) (1) The governing body of a county or of a municipal corporation may designate priority funding areas as provided in this section.

(2) The governing bodies of two or more adjoining counties, two or more municipal corporations, or any combination of adjoining counties and municipal corporations may designate, as provided in this section and in accordance with the regulations adopted by the Department of Planning, a priority funding area that combines two or more contiguous areas located in each of the local governments.

(b) (1) An area zoned or, if applicable, classified by January 1, 1997 principally for industrial use may be designated as a priority funding area.

(2) An area zoned or, if applicable, classified after January 1, 1997, as industrial may be designated as a priority funding area if the area is served by a public or community sewer system.

(c) (1) An area where the principal uses of the area are for employment may be designated as a priority funding area if:

(i) the area is served by public or community sewer systems; or

(ii) public or community sewer systems are planned in the approved 10-year water and sewer plan.

(2) An area zoned or, if applicable, classified after January 1, 1997 as industrial, or where the principal uses are for employment, in addition to meeting the criteria set forth in paragraph (1) of this subsection, shall be located within a locally designated growth area.

(d) (1) A community in existence prior to January 1, 1997 that is within a locally designated growth area may be designated as a priority funding area if the community:

(i) is served by a public or community sewer system and in that part of the community designated by the local government for residential use or development:

1. there is an average density of at least 2.0 units per acre; or

2. if a portion of the community is undeveloped, the permitted average density is not less than 2.0 units per acre; or

(ii) except as provided in paragraph (2) of this subsection, is served by a public or community water system and in that part of the community designated by the local government for residential use or development there is an average density of at least 2.0 units per acre.

(2) (i) The provisions of paragraph (1)(ii) of this subsection do not apply to mobile home parks or communities with less than 10 units.

(ii) Funding for a growth-related project under paragraph (1)(ii) of this subsection is to be provided only if the project serves to maintain the character of the community and does not serve to increase the growth capacity of the community except for limited peripheral or in-fill development.

(3) (i) If an existing community receives a public or community sewer system, an area beyond the periphery of the developed portion of the existing community may be designated as a priority funding area if the development of the area beyond the periphery:

1. has a permitted average density of at least 3.5 units per acre; and

2. the area is served by a public or community sewer system.

(ii) The Department of the Environment may provide funding for a sewer system in an existing community beyond the periphery of the developed portion of the community if the expansion has a permitted average density of at least 3.5 units per acre.

(e) An area, other than an existing community under subsection (d) of this section, may be designated as a priority funding area if:

(1) the area:

(i) is within a locally designated growth area of the local government; and

(ii) is planned to be served under the approved 10-year water and sewer plan;

(2) the designation represents a long-term development policy for promoting an orderly expansion of growth and an efficient use of land and public services; and

(3) in that part of the area designated by the local government for residential use or development, there is permitted an average density of not less than 3.5 units per acre.

(f) (1) A rural village may be designated as a priority funding area under this section if:

(i) the village is designated in the county comprehensive plan as of July 1, 1998; and

(ii) the boundary of the priority funding area is the periphery of the developed portion of the village as of July 1, 1998.

(2) Funding for a growth-related project under this subtitle is to be provided only if the project serves to maintain the character of the community and does not serve to increase the growth capacity of the village except for limited peripheral or in-fill development.

(g) The designation by a county, municipal corporation, or multiple local governments as provided in subsection (a)(2) of this section, of a priority funding area under this section shall be based on:

(1) an analysis of the capacity of land areas available for development, including in-fill and redevelopment; and

(2) an analysis of the land area needed to satisfy demand for development at densities consistent with the master plan.

(h) For the purposes of this section, average density shall be calculated based on the total acreage of all parcels in the area for which the principal permitted use is residential, excluding land:

(1) (i) dedicated for public use by easement in perpetuity or fee acquisition; or

(ii) dedicated recreational use;

(2) subject to an agricultural easement under § 2-508 of the Agriculture Article;

(3) subject to an agricultural easement under a county agricultural land preservation program certified under § 5-408 of this title;

(4) used for cemetery purposes;

(5) identified by a local government as:

(i) 1. streams and their buffers;

2. 100-year flood plains;

3. habitats of threatened and endangered species; and

4. steep slopes; and

(ii) on which development is prohibited by local law or ordinance; or

(6) identified by a local government as delineated nontidal wetlands on which development is prohibited by State or local law or ordinance.
Md. Code, Public Safety § 5-503 — MD Code / Article gps / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) The purpose of the Council is to administer the Cease Fire Council Grant Program to support innovative and collaborative firearms violence reduction initiatives.

(b) The Council shall:

(1) make grants in accordance with § 5-504 of this subtitle;

(2) establish or assist in the establishment of programs designed to reduce the incidence of firearms violence related crime and encourage participation in existing programs with these objectives;

(3) identify specific goals, objectives, and methodologies to be used in support of programs eligible for funding under this subtitle;

(4) identify priorities for firearms violence related crime prevention strategies in the State; and

(5) develop criteria to evaluate the outcomes of programs that receive money under this subtitle.
Md. Code, Courts and Judicial Proceedings § 5-805 — MD Code / Article gcj / Title 5 / Subtitle 8 / Section 5-805
§5–805.
Status: in_force

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

(2) “Agent” means an officer, director, trustee, employee, or volunteer of a provider, but does not mean an offender or participant.

(3) “Offender” means a person assigned or ordered to perform community service:

(i) By a court under Title 8, Subtitle 7 of the Correctional Services Article or § 3–8A–19 of this article; or

(ii) By an intake officer under § 3–8A–10 of this article.

(4) “Participant” means an individual who is engaged in a community service work activity under the Family Investment Program established under Title 5, Subtitle 3 of the Human Services Article.

(5) “Private provider” means an organization that:

(i) Is exempt from taxation under § 501(c) of the Internal Revenue Code; and

(ii) 1. Is approved by a community service program administrator for participation in a community service program as described in Title 8, Subtitle 7 of the Correctional Services Article;

2. Provides work projects for juveniles assigned or ordered to perform community service under § 3–8A–10 or § 3–8A–19 of this article; or

3. Is approved by the Department of Human Services as a community service work activity provider under Title 5, Subtitle 3 of the Human Services Article.

(6) “Public provider” means a unit of State or local government that is subject to Title 12, Subtitle 1 of the State Government Article (Maryland Tort Claims Act) or Subtitle 3 of this title (Local Government Tort Claims Act) and that:

(i) Refers an offender to or provides a work project to which an offender is ordered or assigned to work; or

(ii) Refers a participant to or provides a work project to which a participant is assigned to work.

(b) (1) A private provider shall be liable up to the limits of the liability insurance coverage required under paragraph (3) of this subsection or any applicable insurance coverage, whichever is greater, for the negligent acts or omissions of:

(i) The private provider or its agents in providing projects or services to, or performing duties for or on behalf of, a community service program; and

(ii) An offender or participant in the course of participating in a work project the private provider has provided for a community service program.

(2) A private provider shall not be liable for the conduct of an offender or participant unless the offender’s or participant’s conduct was:

(i) In the course of the offender’s or participant’s participation in a project which the private provider has provided for a community service program; and

(ii) Within the scope of the duties which the offender or participant was assigned or ordered to perform.

(3) A private provider shall maintain liability insurance in at least the amounts specified in § 5–406(b)(3) of this title.

(c) (1) Except as provided in paragraph (2) of this subsection, a participant is not personally liable for damages in any civil action brought against the participant by virtue of the participant’s act or omission in community service work if the private provider maintains the liability insurance required under subsection (b)(3) of this section.

(2) A participant is liable for damages in a civil action brought against the participant in which it is found that the damages were the result of the participant’s willful, wanton, or grossly negligent act or omission.

(d) A public provider and its agents shall be liable for the negligent acts or omissions of the public provider and its agents in providing projects or services to, or performing duties for or on behalf of, a community service program to the extent permitted by the provisions of the Maryland Tort Claims Act or the Local Government Tort Claims Act.

(e) This section does not affect and may not be construed as affecting:

(1) The liability of an offender;

(2) Any immunities from civil liability or any defense established by any other provision of the Code or at common law;

(3) Any limitation on damages established by law to which a provider or its agents otherwise may be entitled; or

(4) The liability of a provider or its agents for an act or omission of the provider or its agents that constitutes gross negligence, reckless or wanton misconduct, or intentionally tortious conduct.

(f) This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a provider or its agents.
Md. Code, Family Law § 5-401 — MD Code / Article gfl / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

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

(b) “Administration” means the Social Services Administration of the Department.

(c) “Eligible child” means a minor as to whom:

(1) (i) guardianship has been awarded to a child placement agency under Subtitle 3 or Subtitle 3A of this title; or

(ii) consensual adoption has been ordered under § 5–338 of this title; and

(2) a determination has been made by a local department under § 5–403 of this subtitle that a subsidy is necessary to ensure the child’s adoption because of the child’s special circumstances.

(d) “Subsidy” means:

(1) a money payment;

(2) medical care;

(3) medical assistance; or

(4) special services.
Md. Code, Courts and Judicial Proceedings § 5-203 — MD Code / Article gcj / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

If the knowledge of a cause of action is kept from a party by the fraud of an adverse party, the cause of action shall be deemed to accrue at the time when the party discovered, or by the exercise of ordinary diligence should have discovered the fraud.
Md. Code, General Provisions § 5-203 — MD Code / Article ggp / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) The Ethics Commission shall elect a chair from among its members.

(b) (1) The term of the chair is 1 year.

(2) The chair may be reelected.
Md. Code, Courts and Judicial Proceedings § 5-412 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-412
§5–412.
Status: in_force

There shall be no liability on the part of and no cause of action of any nature shall arise against a member insurer, the Property and Casualty Insurance Guaranty Corporation or its agents or employees, the Board of Directors, or the Insurance Commissioner or the Commissioner’s representatives for any action taken by them in the performance of their powers and duties under Title 9, Subtitle 3 of the Insurance Article.
Md. Code, Economic Development § 5-347 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-347
§5–347.
Status: in_force

(a) If the Department makes a child care special loan to an applicant, the Department shall prepare loan documents.

(b) The loan documents shall include:

(1) the rate of interest on the child care special loan;

(2) the amount of the child care special loan;

(3) a requirement that before each disbursement of loan proceeds is released to the applicant, the applicant and the Department cosign the request for the money;

(4) provisions for repayment of the child care special loan; and

(5) any other provisions that the Department determines are necessary, including provisions to take liens and security interests in real and personal property.

(c) The child care special loan documents may provide for penalties for an applicant who fails to operate the child care facility for the entire term of the child care special loan.
Md. Code, Family Law § 5-332 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-332
§5–332.
Status: in_force

A clerk of a juvenile court shall keep a listing of each address given to the juvenile court for a parent under this Part III of this subtitle.
Md. Code, Environment § 5-401 — MD Code / Article gen / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

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

(b) “Authority” means Maryland Potomac Water Authority.

(c) “Federal government” means:

(1) The United States of America; or

(2) Any governmental agency of the United States of America.

(d) “Initial cost” means the portion of water supply costs of the project which nonfederal entities must contract to repay prior to construction of the project. Actual payment of initial cost may be extended over a 50-year period beginning when augmented flow first is available from the project.

(e) “Non-Maryland user” means a user not assessable by a represented county.

(f) “Potomac River” means the main stem and North Branch of the Potomac River and its tributaries in those reaches below the augmented average flow surface level of the main stem and North Branch.

(g) “Project” means a federally constructed dam, reservoir, and appurtenances on the North Branch of the Potomac River, commonly referred to as the Bloomington Dam project.

(h) “Represented county” means any county enumerated in this subtitle as being within the district.

(i) “The district”, unless otherwise indicated in the text to mean the District of Columbia, means the area of jurisdiction of the Authority, which includes the following counties: Allegany, Frederick, Garrett, Montgomery, Prince George’s, and Washington.

(j) “User” means any person who uses water from the Potomac River for any purpose without regard to whether or not the water is consumed, altered, or replaced.
Md. Code, Natural Resources § 5-9B-04 — MD Code / Article gnr / Title 5 / Subtitle 9B / Section 5-9B-04
§5–9B–04.
Status: in_force

(a) A sponsor that applies for funding to implement a local land preservation program under this subtitle shall:

(1) Develop a plan to guide the conservation of property in the jurisdiction under the program;

(2) Ensure that each application is consistent with the approved local land preservation and recreation plan for the county, to guide the acquisition of property interests listed in the application; and

(3) Submit the application, description of properties and easements to be acquired, together with a description of consistency with the plan and any conditions placed on the conveyance of the property, to the Department of Natural Resources for review.

(b) A sponsor may satisfy the requirements of subsection (a)(1) of this section with materials developed under or in conjunction with:

(1) The comprehensive plan for the jurisdiction reviewed and revised under § 1–416 or § 3–303 of the Land Use Article;

(2) The local land preservation and recreation plan under § 5–905 of this title;

(3) An approved local agricultural land preservation program under § 2–512 of the Agriculture Article, for the Maryland Agricultural Land Preservation Program;

(4) An approved annual program submitted by the sponsor under Program Open Space;

(5) An approved rural legacy area and grant agreement under the Rural Legacy Program under Subtitle 9A of this title;

(6) The GreenPrint Program under Subtitle 15A of this title; or

(7) Another acquisition plan prepared by, jointly funded, or accepted by the Department for the protection of local or State land preservation or recreational goals.
Md. Code, Family Law § 5-4B-06 — MD Code / Article gfl / Title 5 / Subtitle 4B / Section 5-4B-06
§5–4B–06.
Status: in_force

(a) The Director or the Adoption Program Manager of the Department may authorize a confidential intermediary to obtain information described in subsection (b) or (c) of this section to locate an individual sought by an applicant.

(b) (1) Subject to paragraph (2) of this subsection, a confidential intermediary may apply to the Secretary of Health for a copy of the following:

(i) the original certificate of birth and any records that relate to the new certificate of birth of an adopted individual;

(ii) the new certificate of birth that was substituted for the original certificate of birth of an adopted individual under § 4–211 of the Health – General Article; and

(iii) the report of the decree or judgment of adoption filed by the clerk of the court under § 4–211 of the Health – General Article.

(2) To apply for a copy of a record listed in paragraph (1) of this subsection, a confidential intermediary shall submit to the Secretary of Health a written statement signed by the Director or the Adoption Program Manager of the Department and witnessed by a notary public that authorizes the confidential intermediary to obtain information necessary to locate an individual sought by an applicant.

(3) If a confidential intermediary complies with paragraph (2) of this subsection, the Secretary of Health shall give a copy of a record requested under this subsection that is on file with the Secretary to the confidential intermediary.

(c) (1) Subject to paragraph (2) of this subsection, a confidential intermediary may access any information that is contained in a public record, as defined in § 4–101 of the General Provisions Article, including a court record.

(2) To have access to information contained in a public record, a confidential intermediary shall submit to the custodian of a public record a written statement signed by the Director or the Adoption Program Manager of the Department and witnessed by a notary public that authorizes the confidential intermediary to obtain information necessary to locate an individual sought by an applicant.

(3) If a confidential intermediary complies with paragraph (2) of this subsection, a custodian shall permit inspection of a public record requested under this subsection by the confidential intermediary.
Md. Code, Corporations and Associations § 5-122 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-122
§5–122.
Status: in_force

(a) If all the stockholders of merging corporations are qualified to be stockholders of the surviving corporation, a professional corporation may merge with another domestic or foreign professional corporation or with a domestic or foreign business corporation.

(b) If the surviving corporation is to render professional services in this State, it must comply with the provisions of this subtitle.
Md. Code, General Provisions § 5-830 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-830
§5–830.
Status: in_force

(a) Each bicounty commission shall adopt regulations relating to lobbying of that bicounty commission.

(b) The regulations adopted by a bicounty commission:

(1) at a minimum, shall be similar to the provisions of Subtitle 7 of this title; but

(2) may be modified to the extent necessary to make the regulations relevant to the bicounty commission.

(c) Each bicounty commission shall submit to the Ethics Commission a copy of its regulations relating to lobbying.

(d) On or before April 30 each year, each bicounty commission shall:

(1) (i) prepare an annual report on the lobbying before the bicounty commission and regulation of that lobbying by the bicounty commission for the previous calendar year;

(ii) submit the report to the governing body of each county in which the bicounty commission operates; and

(iii) publish the report on the website of the bicounty commission; and

(2) certify to the Ethics Commission that the bicounty commission is in compliance with the requirements of this section.
Md. Code, Election Law § 5-601 — MD Code / Article gel / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

The name of a candidate shall remain on the ballot and be submitted to the voters at a primary election if:

(1) the candidate has filed a certificate of candidacy in accordance with the requirements of § 5-301 of this title and has satisfied any other requirements of this article relating to the office for which the individual is a candidate, provided the candidate:

(i) has not withdrawn the candidacy in accordance with Subtitle 5 of this title;

(ii) has not died or become disqualified, and that fact is known to the applicable board by the deadline prescribed in § 5-504(b) of this title;

(iii) does not seek nomination by petition pursuant to the provisions of § 5-703 of this title; or

(iv) is not a write-in candidate; or

(2) the candidate has qualified to have the candidate’s name submitted to the voters in a presidential primary election under Title 8, Subtitle 5 of this article.
Md. Code, Family Law § 5-310 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

A party to a case under this subtitle may appeal to the Appellate Court of Maryland:

(1) in an interlocutory appeal, from a denial of the right to participate in a guardianship case before entry of an order for guardianship;

(2) in an interlocutory appeal, from a denial of the right to participate in an adoption case under Part III of this subtitle; or

(3) from a final order.
Md. Code, Family Law § 5-1019 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1019
§5–1019.
Status: in_force

(a) This section applies only to jurisdictions in which the Administration is represented by a State’s Attorney.

(b) Before or after a complaint is filed under this subtitle, the State’s Attorney may hold a pretrial inquiry.

(c) In connection with any pretrial inquiry under this section, the State’s Attorney may:

(1) issue a summons that requires a person, other than the alleged father, to appear, to testify, and to produce documents connected with the examination;

(2) administer oaths;

(3) examine witnesses; and

(4) receive evidence.

(d) (1) If a person fails to obey a summons, or fails to testify or comply with a request of the State’s Attorney, the State’s Attorney may request the circuit court for the county to order the person:

(i) to obey the summons;

(ii) to testify; or

(iii) to produce any document that the court considers necessary for the inquiry.

(2) If a person fails or refuses to obey the order of court after the order has been served, the person is in contempt of court and the court may punish the person for the contempt.

(3) A finding of contempt under this subsection is subject to appeal.
Md. Code, Estates and Trusts § 5-407 — MD Code / Article get / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

A judicial probate may be reopened and a new proceeding held if, following a request by an interested person within 18 months from the death of the decedent, the court finds the existence of any fact which would permit the holding of a proceeding pursuant to § 5–304(b) of this title.
Md. Code, Education § 5-109 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-109
§5–109.
Status: in_force

(a) Each county board shall provide for an annual audit of its financial transactions and accounts.

(b) (1) The audit shall be made by a certified public accountant or a partnership of certified public accountants who are:

(i) Licensed by the State Board of Public Accountancy; and

(ii) Approved by the State Superintendent.

(2) The audit shall be made in accordance with the standards and regulations adopted by the State Board.

(c) (1) The results of the audit, including the letter of recommendation submitted by the auditor, are a matter of public record.

(2) The results shall be reported within 3 months after the close of the fiscal year for the county board on the form and in the manner required by the State Board to:

(i) The State Superintendent;

(ii) The county fiscal authority and the county council or the county commissioners;

(iii) The Joint Audit and Evaluation Committee of the General Assembly;

(iv) The Senate Budget and Taxation Committee;

(v) The Senate Education, Health, and Environmental Affairs Committee;

(vi) The House Appropriations Committee; and

(vii) The House Committee on Ways and Means.

(d) In addition to the audit required by this section, the county commissioners or county council may conduct an audit using auditors employed by the county.
Md. Code, Insurance § 5-903 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-903
§5–903.
Status: in_force

Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a reduction from liability on account of reinsurance ceded if the reinsurer meets the requirements of this subtitle.
Md. Code, Business Regulation § 5-205 — MD Code / Article gbr / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: reserved

(a) There is a Cemetery Oversight Fund.

(b) (1) (i) By regulation, the Director shall establish reasonable fees and a fee schedule for the issuance and renewal of registrations and permits.

(ii) The Director may not assess a crematory a per–occurrence cremation fee.

(2) In establishing the fees, the Director shall consider the size of the business, whether the business is for–profit or designated as tax exempt under § 501(c) of the Internal Revenue Code, the volume of business conducted, and the type of services provided, including the percentage of preneed contracts written.

(c) The fees charged shall be set so as to approximate the direct and indirect cost of maintaining the Office.

(d) The Director shall pay all funds collected under this title to the Comptroller who shall distribute the fees to the Cemetery Oversight Fund.

(e) (1) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Office.

(2) The Fund is a continuing nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.

(3) Any unspent portions of the Fund may not revert or be transferred to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this title.

(4) No other State money may be used to support the Fund.

(f) (1) The Director shall administer the Fund.

(2) Moneys in the Fund may be expended for any lawful purpose authorized under the provisions of this title.

(g) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
Md. Code, Agriculture § 5-407 — MD Code / Article gag / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

(a) The Secretary may bring an action for an injunction against any person violating any order issued by the Secretary under § 5–406 of this subtitle.

(b) In any action for an injunction brought under this section, any finding of the Secretary after a hearing shall be prima facie evidence of each fact found.

(c) On a showing by the Secretary that any person is violating or is about to violate any order issued by the Secretary, an injunction shall be granted without the necessity of showing a lack of adequate remedy at law.

(d) An injunction instituted under this section shall be issued without bond.
Md. Code, Transportation § 5-415 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-415
§5–415.
Status: in_force

(a) In this section, “Fire Rescue Service” means the Maryland Aviation Administration Fire Rescue Service.

(b) Subject to subsections (c) and (e) of this section, the Fire Rescue Service may charge an ambulance transport fee to an individual if the Fire Rescue Service transports the individual to a hospital from property owned by the Administration or property subject to a mutual aid agreement to which the Administration is a party.

(c) The Fire Rescue Service may not:

(1) Question an individual about ability to pay an ambulance transport fee at the time that ambulance transportation is requested or provided; or

(2) Fail to provide ambulance transportation and emergency medical services because of an individual’s actual or perceived inability to pay an ambulance transport fee.

(d) The Administration may procure the services of a third party billing company to administer an ambulance transport fee program under this section.

(e) Before the Fire Rescue Service may charge an ambulance transport fee under this section, the Administration shall adopt regulations to:

(1) Set the amount of the ambulance transport fee; and

(2) Administer the collection of the ambulance transport fee, including regulations governing:

(i) A waiver of the ambulance transport fee in the event of financial hardship;

(ii) The acceptance of reduced payments by commercial insurers and other third–party payors, including Medicare and Medicaid; and

(iii) A requirement that each individual receiving an ambulance transport provide financial information, including the individual’s insurance coverage, and assign insurance benefits to the Administration.

(f) The Administration shall deposit the fees collected under this section in the Transportation Trust Fund.
Md. Code, Transportation § 5-703 — MD Code / Article gtr / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

Except as provided in § 5-704 of this subtitle, a person may not build any structure, permit any structure to be built, or permit any object to grow to a height that, in violation of any rule or regulation adopted under this subtitle, constitutes an obstruction to air navigation at or near any licensed public use airport, as that term is defined in § 5-301 of this title.
Md. Code, Natural Resources § 5-1211 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1211
§5–1211.
Status: in_force

Except as otherwise provided in this part, each unit administering any area designated as wildlands is responsible for preserving the wildland character of the area and administering the other purposes for which it was established in order to preserve its wildland character. Except as otherwise provided in Part II of this subtitle, wildland areas shall be devoted to public purposes for recreational, scenic, scientific, educational, conservation, and historical use.
Md. Code, Family Law § 5-316 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-316
§5–316.
Status: in_force

(a) Promptly after a petition for guardianship is filed under this Part II of this subtitle, a juvenile court shall issue a show–cause order that requires the party to whom it is issued to respond as required under the Maryland Rules.

(b) On issuance of a show–cause order as to guardianship of a child, a petitioner shall serve the order on:

(1) each of the child’s living parents who has not consented to the guardianship;

(2) each living parent’s last attorney of record in the CINA case; and

(3) the child’s last attorney of record in the CINA case.

(c) Service under this section shall be:

(1) on a parent, by:

(i) personal service; or

(ii) certified mail, restricted delivery, return receipt requested; and

(2) on an attorney, by:

(i) personal service; or

(ii) certified mail, return receipt requested.

(d) (1) Subject to paragraph (2) of this subsection, service on a parent under this section shall be attempted at:

(i) each address in records of a juvenile court kept under § 3–822 of the Courts Article within the 270 days immediately preceding the filing of the petition for guardianship;

(ii) each address in records of, or known to, the local department within the 270 days immediately preceding the filing of the petition for guardianship;

(iii) the last address in records of a child support agency; and

(iv) each other address provided by the child’s caregiver.

(2) If a local department has proof that a parent does not live at an address, the local department need not attempt service there.

(e) (1) If a juvenile court never notified a parent of the requirements of § 3–822 of the Courts Article and a petitioner cannot serve the parent at any of the addresses listed in subsection (d) of this section, the petitioner shall make a reasonable, good faith effort to identify an address for the parent and serve the parent at that address.

(2) A juvenile court shall find that a petitioner has met the requirements of paragraph (1) of this subsection if the petitioner shows, by affidavit or testimony, that the petitioner made inquiries after or within the 180 days immediately preceding the filing of the petition for guardianship:

(i) with the Motor Vehicle Administration;

(ii) with the Department;

(iii) with the Department of Public Safety and Correctional Services, including its Division of Parole and Probation;

(iv) with the detention center of the county where the petition is filed;

(v) with the juvenile court;

(vi) if the local department is aware that the parent has received benefits from a particular social services entity within the 180 days immediately preceding the filing of the petition, with that entity;

(vii) if the local department is aware that the parent has been confined in a particular detention facility within the 180 days immediately preceding the filing of the petition, with that facility;

(viii) with the child’s caregiver;

(ix) if the petitioner is able to contact the child’s other parent, with that parent;

(x) if the petitioner is able to contact known members of the parent’s immediate family, with those members; and

(xi) if the petitioner is able to contact the parent’s current or last known employer, with that employer.

(3) A juvenile court shall consider an inquiry under this subsection sufficient if made by searching the computer files of, or making an inquiry by first–class mail to, a governmental unit or person listed in this subsection.

(4) A juvenile court shall consider failure to receive a response within 30 days after the petitioner mails an inquiry under this subsection to be a negative response to the inquiry.

(f) (1) If a juvenile court is satisfied, by affidavit or testimony, that a petitioner met the requirements of subsection (d) and, if applicable, subsection (e) of this section but could not effect service on a parent, the juvenile court shall order service through notice by publication as to that parent.

(2) Notice under this subsection shall consist of substantially the following statement:

To: (Father’s name) To: (Mother’s name) To: Unknown parent

“You are hereby notified that a guardianship case has been filed in the Circuit Court for (county name), Case No. (number). All persons who believe themselves to be parents of a (male or female) child born on (date of birth) in (city, state) to (mother’s and father’s names and dates of birth) shall file a written response. A copy of the show–cause order may be obtained from the juvenile clerk’s office at (address) and (telephone number). If you do not file a written objection by (deadline), you will have agreed to the permanent loss of your parental rights to this child.”

(3) Service under this subsection shall be by:

(i) publication at least once in one or more newspapers in general circulation in the county where the parent last resided or, if unknown, where the petition is filed; and

(ii) posting for at least 30 days on a website of the Department.
Md. Code, Economic Development § 5-1301 — MD Code / Article gec / Title 5 / Subtitle 13 / Section 5-1301
§5–1301.
Status: in_force

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

(b) “Area” means a geographic area within one or more political subdivisions within the State described by a closed perimeter boundary.

(c) “BRAC Revitalization and Incentive Zone” means an area that:

(1) meets the requirements of § 5–1303 of this subtitle; and

(2) is designated as a BRAC Revitalization and Incentive Zone by the Secretary under § 5–1304 of this subtitle.

(d) “Enterprise zone” has the meaning stated in § 5–701 of this title.

(e) “Political subdivision” means any county or municipal corporation.

(f) “Submission date” means the date the Secretary receives an application from a political subdivision for designation of a BRAC Revitalization and Incentive Zone.

(g) “Tax increment financing bonds” means bonds issued by:

(1) a political subdivision under Title 12, Subtitle 2 of this article; or

(2) Baltimore City under Article II, § 62 of the Charter of Baltimore City.
Md. Code, Transportation § 5-206 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) The Administration may confer or hold joint hearings with any federal agency in connection with any matter that:

(1) Arises under this title; or

(2) Relates to the sound development of aeronautics.

(b) To the extent practicable, the Administration:

(1) May use the cooperation, services, records, and facilities of federal agencies in the administration and enforcement of this title; and

(2) Shall furnish to federal agencies its cooperation, services, records, and facilities.

(c) Any police officer who is informed of an aeronautics accident in this State shall:

(1) Report the accident to the Administration and to the appropriate federal agency; and

(2) To the extent practicable, preserve, protect, and prevent the removal of the component parts of any aircraft involved in the accident until the Department of State Police or the appropriate federal agency institutes an investigation.
Md. Code, Commercial Law § 5-114 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-114
§5–114.
Status: in_force

(a) In this section, “proceeds of a letter of credit” means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter of credit. The term does not include a beneficiary’s drawing rights or documents presented by the beneficiary.

(b) A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The beneficiary may do so before presentation as a present assignment of its right to receive proceeds contingent upon its compliance with the terms and conditions of the letter of credit.

(c) An issuer or nominated person need not recognize an assignment of proceeds of a letter of credit until it consents to the assignment.

(d) An issuer or nominated person has no obligation to give or withhold its consent to an assignment of proceeds of a letter of credit, but consent may not be unreasonably withheld if the assignee possesses and exhibits the letter of credit and presentation of the letter of credit is a condition to honor.

(e) Rights of a transferee beneficiary or nominated person are independent of the beneficiary’s assignment of the proceeds of a letter of credit and are superior to the assignee’s right to the proceeds.

(f) Neither the rights recognized by this section between an assignee and an issuer, transferee beneficiary, or nominated person nor the issuer’s or nominated person’s payment of proceeds to an assignee or a third person affect the rights between the assignee and any person other than the issuer, transferee beneficiary, or nominated person. The mode of creating and perfecting a security interest in or granting an assignment of a beneficiary’s rights to proceeds is governed by Title 9 of this article or other law. Against persons other than the issuer, transferee beneficiary, or nominated person, the rights and obligations arising upon the creation of a security interest or other assignment of a beneficiary’s right to proceeds and its perfection are governed by Title 9 of this article or other law.
Md. Code, Insurance § 5-505 — MD Code / Article gin / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

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

(2) “Board” means the board of directors of a life insurer.

(3) “Committee” means a committee authorized by the board of directors of a life insurer.

(b) (1) The board shall adopt a written plan for:

(i) acquiring and holding investments; and

(ii) engaging in investment practices.

(2) The plan required under paragraph (1) of this subsection shall specify guidelines for the:

(i) quality, maturity, and diversification of investments; and

(ii) investment strategies that assure that investments and investment practices are appropriate for:

1. the business conducted by the life insurer;

2. the liquidity needs of the life insurer; and

3. the capital and surplus requirements of the life insurer.

(3) Before adopting the plan required under paragraph (1) of this subsection, the board shall review and assess the life insurer’s technical investment and administrative capabilities and investment expertise.

(c) (1) The board shall supervise and direct any investments acquired and held under this subtitle.

(2) At least annually, the board by formal resolution shall determine whether all investments have been made in accordance with delegations, standards, limitations, and investment objectives prescribed by the board or committee charged with the responsibility of directing the life insurer’s investments.

(d) In order to determine whether the investment activity of the life insurer is consistent with the plan required under subsection (b) of this section, on at least a quarterly basis, the board or committee shall:

(1) receive and review a summary report on the life insurer’s investment portfolio, investment activities, and investment practices engaged in under delegated authority; and

(2) review and revise as needed the plan required under subsection (b) of this section.

(e) In the discharge of duties under this section:

(1) the board shall require that the following be made available on a regular basis to the board:

(i) the records of any authorizations or approvals;

(ii) the reports of any action taken under the authority delegated under the plan required under subsection (b) of this section; and

(iii) any other documentation as the board may require; and

(2) each director shall perform their duties as a director, including any duties as a member of a committee:

(i) in good faith;

(ii) in a manner reasonably believed to be in the best interests of the insurer; and

(iii) with that degree of care that an ordinarily prudent person in a like position would use under similar circumstances.

(f) If a life insurer does not have a board, all references to the board in this section shall be deemed to be references to the governing body of the life insurer having authority equivalent to that of a board.
Md. Code, Business Regulation § 5-203 — MD Code / Article gbr / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

The Director may employ a staff in accordance with the State budget.
Md. Code, Insurance § 5-403 — MD Code / Article gin / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

Valuations under this subtitle may not be inconsistent with applicable valuations or methods formulated or approved by the National Association of Insurance Commissioners.
Md. Code, Corporations and Associations § 5-6B-09 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-09
§5–6B–09.
Status: reserved

(a) (1) A county or an incorporated municipality may provide by local law or ordinance, that the cooperative interest with respect to a unit in a residential rental facility occupied by a tenant entitled to receive the notice required by § 5-6B-05 of this subtitle may not be transferred unless the county, incorporated municipality, or housing agency has first been offered in writing the right to purchase the cooperative interest at the same price and on the same terms and conditions initially offered to any other person. The local law or ordinance shall designate the title and mailing address of the person to whom the offer to the county, incorporated municipality, or housing agency is to be delivered and the title of the person who may accept the offer on behalf of the county, incorporated municipality, or housing agency.

(2) The local law or ordinance shall provide that the offer to the county, incorporated municipality, or housing agency shall be made at the same time an offer is made to a tenant of the unit under § 5-6B-06 of this subtitle. If a tenant accepts an offer of a unit made under § 5-6B-06 of this subtitle, then the rights of the county, incorporated municipality, or housing agency to such unit under an offer made under this section, whether or not accepted, shall terminate.

(3) Unless written acceptance of the offer is first delivered to the owner of the residential rental facility by the county, incorporated municipality, or housing agency, the offer shall terminate, without further act, 120 days after it is delivered to the county, incorporated municipality, or housing agency.

(b) A county, incorporated municipality, or housing agency may not accept an offer made under this section for a cooperative interest with respect to a unit if that unit together with the aggregate of other units previously accepted or not accepted, subject to an extended lease by a designated family under this subtitle, exceeds 20 percent of the total number of units in the cooperative project.

(c) If a membership certificate for a cooperative interest contains an affidavit by the grantor that the provisions of a law or ordinance enacted under this section have been fulfilled, then the grantee in that grant takes title to the cooperative interest free and clear of all claims and rights of any county, incorporated municipality, or housing agency under a local law or ordinance enacted under this section.

(d) Within 30 days of the enactment of a law or ordinance under this section, the county or incorporated municipality shall forward a copy of the law or ordinance to the Secretary of State.
Md. Code, Election Law § 5-1004 — MD Code / Article gel / Title 5 / Subtitle 10 / Section 5-1004
§5–1004.
Status: in_force

(a) A vacancy in nomination for an office that is entirely in one county shall be filled by:

(1) a central committee in that county as provided in this section; or

(2) a State central committee for a nonprincipal political party that does not have a local central committee.

(b) (1) If a nominee for an office that is entirely in one county declines the nomination or gains a tie vote with another candidate in a primary election, the vacancy in nomination shall be filled by the 88th day before the general election.

(2) If a nominee for an office that is entirely in one county dies or becomes disqualified, the vacancy in nomination shall be filled by the 81st day before the general election.

(c) (1) The vacancy shall be filled by the central committee of the same political party as the individual vacating the nomination.

(2) If the office is to be voted on by the voters of the entire county, the vacancy shall be filled by the central committee of that county.

(3) If the office is voted on only by the voters of one legislative district and the central committee is elected by legislative district, the vacancy shall be filled by the members of the central committee of that legislative district.

(4) If the office is for Representative in Congress and is a district that is wholly within one county, the vacancy shall be filled by the central committee for that county.

(5) By the deadline prescribed in subsection (b) of this section:

(i) the applicable central committee shall file a certificate of designation with the applicable board; and

(ii) the successor nominee designated by the applicable central committee under item (i) of this paragraph shall file a certificate of candidacy with the applicable board.

(d) If the vacancy results because of a tie vote between two or more candidates, the nominee selected by the central committee under this section shall be one of those candidates.
Md. Code, Agriculture § 5-1004 — MD Code / Article gag / Title 5 / Subtitle 10 / Section 5-1004
§5–1004.
Status: in_force

(a) There is a Nuisance Insects Fund.

(b) The purpose of the Fund is to facilitate the control or elimination of nuisance insects in the State.

(c) The Secretary or the Secretary’s designee shall administer the Fund.

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

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

(e) The Fund consists of:

(1) Any money distributed to the Fund under § 5–1003(b) of this subtitle;

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

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

(f) The Fund may be used only to cover the actual, documented direct and indirect costs associated with controlling or eliminating nuisance insects in accordance with a program implemented under § 5–1003 of this subtitle.
Md. Code, Environment § 5-204 — MD Code / Article gen / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) (1) It is the intent of the General Assembly to establish consolidated procedures and notice and hearing requirements for Subtitles 5 and 9 of this title and Titles 14, 15, and 16 of this article in order to ensure efficient review and consistent decision making.

(2) Notwithstanding any provision of the State Government Article, public notice on pending applications provided in accordance with the provisions of this section shall be the only notice required by law.

(b) (1) Applicants shall ascertain the names and addresses of all current owners of property contiguous to the parcel upon which the proposed activity will occur and personally or by certified mail serve notice upon each owner.

(2) Applicants shall serve personally or by certified mail appropriate local officials.

(3) Applicants shall provide the Department with certification that notice has been served on all contiguous property owners and appropriate local officials.

(4) Upon substantial completion of an application, the Department shall draft a public notice that includes:

(i) The name and address of the applicant;

(ii) A description of the location and nature of the activity for which application has been made;

(iii) The name, address, and telephone number of the office within the Department from which information about the application may be obtained;

(iv) A statement that any further notices about actions on the application will be provided only by mail to those persons on a mailing list of interested persons;

(v) A description of how persons may submit information or comments about the application, request a public informational hearing, or request to be included on the mailing list of interested persons; and

(vi) A deadline for the close of the public comment period by which information, comments, or requests must be received by the Department.

(5) The Department shall prepare a public notice to be published for at least 1 business day in a newspaper of general circulation in the area where the proposed activity would occur. At its discretion, the Department shall:

(i) Publish the public notice; or

(ii) Direct the applicant to publish the public notice.

(6) The applicant shall bear the cost of the newspaper notice.

(7) The Department shall mail public notices to a general subscription mailing list.

(8) Comments on an application or requests for a public informational hearing must be forwarded in writing to the Department prior to the close of the public comment period specified in the public notice.

(9) The Department shall compile an interested persons list containing the names of all contiguous property owners, appropriate local officials, and individuals that comment on, request hearings, or make inquiries about an application during any phase of the Department’s review.

(10) No further notice will be provided except to persons on the interested persons list.

(c) (1) The Department shall hold a public informational hearing if it receives a timely written request in accordance with the provisions of this subsection.

(2) The request shall be received prior to the close of the public comment period.

(3) A public informational hearing shall be held within 45 calendar days of the close of the public comment period.

(4) The Department shall specify the date, time, and location of the public informational hearing.

(5) The public informational hearing may be held using teleconference or Internet–based conferencing technology.

(6) The Department shall mail notice of the date, time, and location of any public informational hearing on an application to those persons on the interested persons list no later than 14 calendar days prior to the hearing.

(7) The Department may extend the official record of a public informational hearing.

(d) Following the application review and comment period and within 30 calendar days after the close of the public informational hearing record, the Department shall issue, modify, or deny the permit or license unless extenuating circumstances justify an extension of time.

(e) The Department shall mail notice of a decision to issue, modify, or deny a permit or license to the applicant and to those persons on the interested persons list.

(f) (1) A final determination by the Department on the issuance, denial, renewal, or revision of any permit issued under Subtitle 5 or Subtitle 9 of this title or § 14–105, § 14–508, § 15–808, or § 16–307 of this article is subject to judicial review at the request of any person that:

(i) Meets the threshold standing requirements under federal law; and

(ii) 1. Is the applicant; or

2. Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided.

(2) For permits listed under paragraph (1) of this subsection, a contested case hearing may not occur.

(g) A person petitioning for judicial review in accordance with this section shall file the petition in accordance with the Maryland Rules.

(h) (1) Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates that:

(i) The objections were not reasonably ascertainable during the comment period; or

(ii) Grounds for the objections arose after the comment period.

(2) The court shall remand the matter to the Department for consideration of objections under paragraph (1) of this subsection.

(i) (1) Unless otherwise required by statute, a petition for judicial review by a person who meets the requirements of subsection (f) of this section shall be filed with the circuit court for the county where the application for the permit states that the proposed activity will occur.

(2) Judicial review under this section shall be conducted in accordance with Title 1, Subtitle 6 of this article.
Md. Code, Family Law § 5-3B-32 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-32
§5–3B–32.
Status: in_force

(a) Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:

(1) placement of an individual to live with a preadoptive family; or

(2) an agreement for custody in contemplation of adoption.

(b) This section does not prohibit payment, by an interested person, of:

(1) a reasonable and customary charge or fee for adoption counseling, hospital, legal, or medical services;

(2) reasonable expenses for transportation for medical care associated with the pregnancy or birth of the child;

(3) reasonable expenses for food, clothing, and shelter for a birth mother if, on written advice of a physician, the birth mother is unable to work or otherwise support herself because of medical reasons associated with the pregnancy or birth of the child; or

(4) reasonable expenses associated with any required court appearance relating to the adoption, including transportation, food, and lodging expenses.

(c) Each State’s Attorney shall enforce this section.

(d) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 months or both, for each offense.
Md. Code, Environment § 5-1203 — MD Code / Article gen / Title 5 / Subtitle 12 / Section 5-1203
§5–1203.
Status: in_force

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

(b) The Commission is composed of:

(1) The Secretary of Natural Resources or the Secretary’s designee;

(2) The Secretary of the Environment or the Secretary’s designee;

(3) The Secretary of Planning or the Secretary’s designee;

(4) 2 members from Baltimore City selected by the Mayor of Baltimore City;

(5) 2 members from Baltimore County selected by the County Executive of Baltimore County; and

(6) 2 members selected by the Baltimore Regional Planning Council.

(c) Of the 6 county and city members, there shall be at least:

(1) 1 member of the county or city legislative body; and

(2) 1 member of the General Assembly of Maryland.

(d) The Commission shall appoint an advisory committee composed of interested citizens and determine the number, terms, and qualifications of the Commission’s members.
Md. Code, Corporations and Associations § 5-630 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-630
§5–630.
Status: in_force

(a) A Maryland corporation that supplies or is authorized to supply electricity may convert to a cooperative as provided in this section.

(b) On conversion of a corporation to a cooperative, the corporation is subject to this subtitle as if it had been organized under this subtitle.

(c) (1) A proposed conversion and proposed articles of conversion that effect the conversion shall be submitted for consideration at an annual or special meeting of the members or stockholders of the corporation.

(2) A copy of the proposed articles of conversion shall be attached to the notice of the meeting.

(3) The proposed conversion, proposed articles of conversion, and any amendments to the proposed articles of conversion shall be approved:

(i) If the converting corporation is a nonstock corporation, by the affirmative vote of not less than two-thirds of the members of the corporation voting on the matter; or

(ii) If the converting corporation is a stock corporation, by the affirmative vote of the holders of not less than two-thirds of the shares of the capital stock of the corporation represented at the meeting and voting on the matter.

(d) If the proposed conversion, proposed articles of conversion, and any amendments to the proposed articles of conversion are approved by the members or stockholders of the corporation as provided in subsection (c) of this section:

(1) Articles of conversion in the form approved shall be signed and acknowledged for the corporation by its chairman or vice-chairman and attested by its secretary; and

(2) The seal of the corporation shall be affixed to the articles.

(e) (1) The articles of conversion shall contain:

(i) The name of the corporation and the address of its principal office before its conversion to a cooperative;

(ii) The statute under which the corporation was organized;

(iii) A statement that the corporation elects to become a cooperative, nonprofit, membership corporation subject to this subtitle;

(iv) The name of the corporation after its conversion to a cooperative;

(v) The address of the principal office of the cooperative and the name and address of its resident agent;

(vi) The name and address of each director of the cooperative;

(vii) The manner in which members or stockholders of the corporation may or shall become members of the cooperative; and

(viii) A statement that the articles are executed in accordance with this subtitle.

(2) The articles of conversion may contain any provision that:

(i) Is consistent with this subtitle; and

(ii) Is considered necessary or advisable for the conduct of the business of the cooperative.

(f) The chairman or vice-chairman who signs the articles of conversion for the corporation shall make and attach to the articles an affidavit stating that the provisions of this section that relate to the articles have been complied with.

(g) The articles of conversion shall be deemed to be the articles of incorporation of the cooperative.
Md. Code, Economic Development § 5-2003 — MD Code / Article gec / Title 5 / Subtitle 20 / Section 5-2003
§5–2003.
Status: in_force

(a) Subject to the limitations of this section, the Department shall provide a grant to an individual or a corporation equal to 25% of the qualified capital expenses incurred in connection with:

(1) the establishment of a new winery or vineyard; or

(2) capital improvements made to an existing winery or vineyard.

(b) (1) An individual or a corporation who paid or incurred qualified capital expenses during the immediately preceding calendar year may submit an application to the Department for a grant authorized under this section.

(2) (i) For any fiscal year, the total amount of grants approved by the Department under this section may not exceed the total appropriation for the Program for that fiscal year.

(ii) If the total amount of grants applied for under this section exceeds the maximum specified under subparagraph (i) of this paragraph, the Department shall approve a grant for each applicant in an amount equal to the product of multiplying the amount applied for by the applicant times a fraction:

1. the numerator of which is the maximum specified under subparagraph (i) of this paragraph; and

2. the denominator of which is the total of all grants applied for by all applicants for that calendar year.

(3) The Department shall award the grants authorized under this section to each eligible applicant.

(c) For each fiscal year, the Governor shall include in the annual budget bill an appropriation of at least $1,000,000 to the Department to award grants under the Program.

(d) The Department shall adopt regulations to:

(1) implement the provisions of this section; and

(2) specify criteria and procedures for application for, approval of, and monitoring continuing eligibility for the grants authorized under this section.