Md. Code, Alcoholic Beverages and Cannabis § 5-101 — MD Code / Article gab / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Beer distributor” means a person that imports or causes to be imported into the State, or purchases or causes to be purchased in the State, beer for sale or resale to a retail dealer licensed under this article without regard to whether the business of the person is conducted under a beer franchise agreement or another form of agreement with a beer manufacturer.

(c) “Beer franchise agreement” means:

(1) a commercial relationship between a beer distributor and beer manufacturer that:

(i) is of a definite or indefinite duration; and

(ii) is not required to be in writing;

(2) a relationship in which a beer manufacturer grants a beer distributor the right to offer and sell the brands of beer offered by the beer manufacturer;

(3) a relationship in which a beer distributor, as an independent business, constitutes a component of a beer manufacturer’s distribution system;

(4) a relationship in which a beer distributor’s business is substantially associated with a beer manufacturer’s brand, advertising, or another commercial symbol that designates the beer manufacturer;

(5) a relationship in which a beer distributor’s business relies substantially on a beer manufacturer for the continued supply of beer; or

(6) a written or oral arrangement of definite or indefinite duration in which:

(i) a beer manufacturer grants to a beer distributor the right to use a trade name, trademark, service mark, or related characteristic; and

(ii) there is a community of interest in the marketing of goods or services at wholesale or retail, by lease, or by another method.

(d) “Beer manufacturer” means:

(1) a brewer, fermenter, processor, bottler, or packager of beer located in or outside the State; or

(2) a person located in or outside the State that enters into a beer franchise agreement with a beer distributor doing business in the State.

(e) “Fair market value” means the price at which an asset would change hands between a willing seller and a willing buyer when:

(1) neither is acting under any compulsion; and

(2) both have knowledge of all of the relevant facts.

(f) “Franchisee” means:

(1) a beer distributor to whom a beer franchise agreement is granted or offered; or

(2) a beer distributor that is a party to a beer franchise agreement.

(g) “Franchisor” means a beer manufacturer that:

(1) enters into a beer franchise agreement with a beer distributor; or

(2) is a party to a beer franchise agreement.

(h) “Sales territory” means the area of sales responsibility designated by a beer franchise agreement for the brand or brands of beer of a beer manufacturer.
Md. Code, Business Occupations and Professions § 5-308 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

(a) Subject to the provisions of this section, the Board may waive any examination requirement of this subtitle for an individual who is licensed to practice as a cosmetologist or a limited practice cosmetologist in another state.

(b) The Board may grant a waiver under this section only if the applicant:

(1) pays to the Board an application fee established by the Board in accordance with § 5-205 of this title; and

(2) provides adequate evidence that the applicant:

(i) meets the qualifications otherwise required by this subtitle; and

(ii) became licensed in the other state after passing, in that or any other state, an examination that is at least equivalent to the examination for which the applicant is seeking a waiver.
Md. Code, Economic Development § 5-305 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

There is a Maryland Economic Development Assistance Authority in the Department.
Md. Code, Labor and Employment § 5-313 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-313
§5–313.
Status: in_force

The Commissioner may delay the effective date of a regulation for not more than 90 days after publication of the notice of adoption, if the Commissioner determines that the delay is necessary to ensure that employers whom the regulation affects know about and have an opportunity to familiarize employees with the requirements of the regulation.
Md. Code, General Provisions § 5-501 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

(a) Except as otherwise provided in subsection (c) of this section, an official or employee may not participate in a matter if:

(1) the official or employee or a qualifying relative of the official or employee has an interest in the matter and the official or employee knows of the interest; or

(2) any of the following is a party to the matter:

(i) a business entity in which the official or employee has a direct financial interest of which the official or employee reasonably may be expected to know;

(ii) a business entity, including a limited liability company or a limited liability partnership, of which any of the following is an officer, a director, a trustee, a partner, or an employee:

1. the official or employee; or

2. if known to the official or employee, a qualifying relative of the official or employee;

(iii) a business entity with which any of the following has applied for a position, is negotiating employment, or has arranged prospective employment:

1. the official or employee; or

2. if known to the official or employee, a qualifying relative of the official or employee;

(iv) if the contract reasonably could be expected to result in a conflict between the private interest and the official State duties of the official or employee, a business entity that is a party to a contract with:

1. the official or employee; or

2. if known to the official or employee, a qualifying relative of the official or employee;

(v) a business entity, either engaged in a transaction with the State or subject to regulation by the official’s or employee’s governmental unit, in which a direct financial interest is owned by another business entity if the official or employee:

1. has a direct financial interest in the other business entity; and

2. reasonably may be expected to know of both financial interests; or

(vi) a business entity that:

1. the official or employee knows is a creditor or an obligee of the official or employee, or of a qualifying relative of the official or employee, with respect to a thing of economic value; and

2. as a creditor or an obligee, is in a position to affect directly and substantially the interest of the official, employee, or qualifying relative.

(a–1) (1) This subsection does not apply to an individual who is a public official only as a member of a board and who receives annual compensation that is less than 25% of the lowest annual compensation at State grade level 16.

(2) A former regulated lobbyist who is or becomes subject to regulation under this title as a public official or employee may not participate in a case, contract, or other specific matter as a public official or employee for 1 year after the termination of the registration of the former regulated lobbyist if the former regulated lobbyist previously assisted or represented another party for compensation in the matter.

(b) (1) The prohibitions of subsection (a) of this section do not apply if participation is allowed:

(i) as to officials and employees subject to the authority of the Ethics Commission, by regulation of the Ethics Commission;

(ii) by the opinion of an advisory body; or

(iii) by another provision of this subtitle.

(2) This section does not prohibit participation by an official or employee that is limited to the exercise of an administrative or ministerial duty that does not affect the decision or disposition with respect to the matter.

(c) (1) An official or employee who otherwise would be disqualified from participation under subsection (a) of this section shall disclose the nature and circumstances of the conflict, and may participate or act, if:

(i) the disqualification would leave a body with less than a quorum capable of acting;

(ii) the disqualified official or employee is required by law to act; or

(iii) the disqualified official or employee is the only individual authorized to act.

(2) If the Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller is required to make a disclosure under paragraph (1) of this subsection, the Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller, as appropriate, shall send a copy of the disclosure to the presiding officers of the General Assembly and to the Ethics Commission.

(d) (1) This subsection applies only to:

(i) the Governor;

(ii) the Lieutenant Governor;

(iii) the Attorney General;

(iv) the Treasurer;

(v) the Comptroller; and

(vi) a secretary of a principal department in the Executive Branch.

(2) (i) An official who takes executive action that the official knows or reasonably should know would have a material financial impact on the official or a person whose interests are attributable to the official under § 5–608 of this title shall provide the Ethics Commission and the Joint Ethics Committee a description of the executive action and the circumstances of the potential impact.

(ii) An official is not required to make a disclosure under this paragraph if the impact is common to all members of:

1. the general public or a large class of the general public; or

2. a profession or occupation of which the official is a member.
Md. Code, Local Government § 5-213 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-213
§5–213.
Status: in_force

A municipality may adopt zoning regulations, subject to any right of referendum of the voters at a regular or special election as may be provided by the municipal charter.
Md. Code, Estates and Trusts § 5-703 — MD Code / Article get / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

(a) The initial time periods for filing a final report and for making distribution to each legatee and heir are extended for 90 days on a consent for extension of the time periods signed by the personal representative and each interested person and filed within 10 months from the date of appointment.

(b) Except as provided in subsection (c) of this section, a register of wills or a court may not extend the time periods established under this subtitle.

(c) (1) If the time periods for filing a final report and making distribution to each legatee and heir have been extended under subsection (a) of this section, the register of wills may extend the time periods for an additional period not to exceed 90 days on the filing of a request for an additional extension of the time periods.

(2) A request filed under paragraph (1) of this subsection shall be:

(i) Signed by the personal representative and consented to by each interested person; and

(ii) Delivered to the register of wills before the date for filing a final report as extended under subsection (a) of this section.
Md. Code, Health - General § 5-508 — MD Code / Article ghg / Title 5 / Subtitle 5 / Section 5-508
§5–508.
Status: in_force

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

(b) “Alkaline hydrolysis” has the meaning stated in § 5–101 of the Business Regulation Article.

(c) “Authorizing agent” means the individual who has legal authority to arrange for and make decisions regarding the final disposition of a dead human body, including by cremation, alkaline hydrolysis, or natural organic reduction.

(d) “Cremation” means the disposition of a dead human body by means of incineration.

(e) “Crematory” has the meaning stated in § 5–101 of the Business Regulation Article.

(f) “Decedent” means a dead human being.

(g) “Natural organic reduction” has the meaning stated in § 5–101 of the Business Regulation Article.

(h) “Practitioner” means a person who is licensed by the State as a funeral director, mortician, or surviving spouse licensee to practice mortuary science.

(i) “Pre–need contract” means an agreement prior to the time of death between a consumer and a practitioner to provide any goods and services regarding the final disposition of a dead human body.

(j) “Reduction facility” has the meaning stated in § 5–101 of the Business Regulation Article.

(k) “Soil remains” has the meaning stated in § 5–101 of the Business Regulation Article.
Md. Code, Courts and Judicial Proceedings § 5-104 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

(a) An action on a public officer’s bond shall be filed within five years from the date of the bond.

(b) The State may sue on a public officer’s bond, for its own use, at any time.
Md. Code, Corporations and Associations § 5-5A-10 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-10
§5–5A–10.
Status: in_force

The following cooperatives are entitled to use the word “cooperative”, or any abbreviation or derivation thereof, as part of their business names, or to represent themselves in their advertising or otherwise as conducting business on a cooperative basis:

(1) Cooperatives organized under this subtitle or Subtitle 5, Agricultural Cooperatives;

(2) Entities organized under any other law of this State that are operated on a cooperative basis;

(3) Foreign corporations operating on a cooperative basis and authorized to do business in this State; or

(4) Housing cooperatives.
Md. Code, Environment § 5-805 — MD Code / Article gen / Title 5 / Subtitle 8 / Section 5-805
§5–805.
Status: in_force

(a) Each subdivision shall take measures to enforce the provisions of this subtitle within its jurisdiction, including the enactment of a local law prescribing a civil penalty in the form of a fine not exceeding $500 for each day of violation of any local law the subdivision enacts to implement this subtitle. The local law shall provide that each day upon which a violation occurs or continues constitutes a separate offense. The local law shall provide that the total civil penalty may not exceed $10,000.

(b) If a subdivision fails to enforce any provision of this subtitle, including any ordinance or local law the subdivision enacts pursuant to this subtitle, or if the subdivision does not possess the authority to correct a violation of this subtitle, the Department may request the Attorney General to take appropriate legal action to correct the violation.

(c) A court exercising equity jurisdiction in the county where the land or any part of the land or water covered by this subtitle is located may restrain any violation of this subtitle, or order the abatement of a condition resulting from any violation and order the restoration of lands and waters to the condition existing prior to the violation, in an action brought by a subdivision affected by the violation, by the Department, by any authorized unit or officer of the Department, or by the Attorney General.
Md. Code, Transportation § 5-410 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-410
§5–410.
Status: in_force

This State has a lien on any personal property to enforce the payment of any charge for any repair, improvement, storage, or care of that property made or furnished by the Administration or its agents in the operation of an airport, airport facility, or air navigation facility owned or controlled by this State. The Administration may enforce the lien under Title 16 of the Commercial Law Article.
Md. Code, Courts and Judicial Proceedings § 5-121 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-121
§5–121.
Status: in_force

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

(2) “Homeowner” means:

(i) A record owner of residential property that is owner–occupied at the time the alleged violation of § 13–301 of the Commercial Law Article or other State law occurred; or

(ii) An individual who occupies residential property under a use and possession order issued under Title 8, Subtitle 2 of the Family Law Article.

(3) “Mortgage servicer” has the meaning stated in § 11–501 of the Financial Institutions Article.

(4) “Residential property” has the meaning stated in § 7–105.1 of the Real Property Article.

(5) “Unfair, abusive, or deceptive trade practice” has the meaning stated in § 13–301 of the Commercial Law Article.

(b) This section applies only to claims relating to residential property.

(c) An action filed by a homeowner against a mortgage servicer for damages arising out of an unfair, abusive, or deceptive trade practice shall be filed within the earlier of:

(1) 5 years after a foreclosure sale of the residential property; or

(2) If the mortgage servicer discloses its unfair, abusive, or deceptive trade practice to the homeowner, 3 years after the disclosure to the homeowner.
Md. Code, Insurance § 5-304 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) (1) Except as otherwise provided in §§ 5–305 and 5–306 of this subtitle, the minimum standard for the valuation of life insurance policies, annuity contracts, and pure endowment contracts is:

(i) the Commissioners reserve valuation methods specified in §§ 5–307, 5–308, and 5–311 of this subtitle;

(ii) the applicable tables in subsections (b) through (h) of this section; and

(iii) except as provided in paragraph (2) of this subsection, interest at 3.5% per year.

(2) For a policy or contract issued on or after July 1, 1978 other than an annuity contract or pure endowment contract, the interest rate is:

(i) 4% per year if the policy or contract was issued any time from July 1, 1978 to June 30, 1980, both inclusive; or

(ii) 4.5% per year if the policy or contract was issued on or after July 1, 1980.

(b) For an ordinary policy of life insurance issued on the standard basis, excluding any disability and accidental death benefits in the policy, the applicable table for the minimum standard for the valuation of the policy is:

(1) if the policy was issued before the operative date of § 16–308 of this article, the Commissioners 1941 Standard Ordinary Mortality Table;

(2) if the policy was issued on or after the operative date of § 16–308 of this article but before the operative date of § 16–309 of this article:

(i) the Commissioners 1958 Standard Ordinary Mortality Table; or

(ii) at the election of the insurer, the Commissioners 1958 Standard Ordinary Mortality Table, calculating all modified net premiums and present values referred to in this subtitle for any category of policies issued on female risks according to an age not more than 6 years younger than the actual age of the insured; and

(3) if the policy was issued on or after the operative date of § 16–309 of this article:

(i) the Commissioners 1980 Standard Ordinary Mortality Table or, at the election of the insurer for any one or more specified plans of life insurance, the Commissioners 1980 Standard Ordinary Mortality Table with Ten–Year Select Mortality Factors; or

(ii) any ordinary mortality table, adopted after 1980 by NAIC and approved by a regulation of the Commissioner for use in determining the minimum standard of valuation for the policy.

(c) For an industrial life insurance policy issued on the standard basis, excluding any disability and accidental death benefits in the policy, the applicable table for the minimum standard for the valuation of the policy is:

(1) if the policy was issued before the operative date of § 16–308(d) of this article, the 1941 Standard Industrial Mortality Table; and

(2) if the policy was issued on or after the operative date of § 16–308(d) of this article:

(i) the Commissioners 1961 Standard Industrial Mortality Table; or

(ii) any industrial mortality table, adopted after 1980 by NAIC and approved by regulation of the Commissioner for use in determining the minimum standard of valuation for the policy.

(d) For an individual annuity contract or pure endowment contract, excluding any disability and accidental death benefits in the contract, the applicable table for the minimum standard for the valuation of the contract is, at the option of the insurer:

(1) the 1937 Standard Annuity Mortality Table;

(2) the Annuity Mortality Table for 1949, Ultimate; or

(3) a modification of a table specified by item (1) or (2) of this subsection approved by the Commissioner.

(e) For a group annuity contract or pure endowment contract, excluding any disability and accidental death benefits in the contract, the applicable table for the minimum standard for the valuation of the contract is:

(1) the Group Annuity Mortality Table for 1951;

(2) a modification of the Group Annuity Mortality Table for 1951 approved by the Commissioner; or

(3) at the option of the insurer, any of the tables or modifications of tables specified by subsection (d) of this section for individual annuity contracts and pure endowment contracts.

(f) (1) For total and permanent disability benefits in or supplementary to an ordinary policy or contract, the applicable table for the minimum standard for the valuation of the policy or contract is:

(i) if the policy or contract was issued on or before December 31, 1960, the Class (3) Disability Table (1926);

(ii) if the policy or contract was issued any time from January 1, 1961 to December 31, 1965, both inclusive:

1. the tables specified by item (i) of this paragraph; or

2. at the option of the insurer, the Class (3) Disability Table (1926); and

(iii) if the policy or contract was issued on or after January 1, 1966:

1. the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit; or

2. any tables of disablement rates and termination rates adopted after 1980 by NAIC and approved by regulation of the Commissioner for use in determining the minimum standard of valuation for the policy or contract.

(2) For active lives, the table used under this subsection shall be combined with a mortality table allowed for calculating the reserves for life insurance policies.

(g) (1) For accidental death benefits in or supplementary to a policy, the applicable table for the minimum standard for the valuation of the policy is:

(i) if the policy was issued on or before December 31, 1960, the Intercompany Double Indemnity Mortality Table;

(ii) if the policy was issued any time from January 1, 1961 to December 31, 1965, both inclusive:

1. a table specified by item (i) of this paragraph; or

2. at the option of the insurer, the Intercompany Double Indemnity Mortality Table; and

(iii) if the policy was issued on or after January 1, 1966:

1. the 1959 Accidental Death Benefits Table; or

2. an accidental death benefits table adopted after 1980 by NAIC and approved by regulation of the Commissioner for use in determining the minimum standard of valuation for the policy.

(2) The table used under this subsection shall be combined with a mortality table allowed for calculating the reserves for life insurance policies.

(h) For group life insurance, life insurance issued on the substandard basis, long–term home health care and long–term care in a nursing home or other related institution, or any other special benefit, the applicable table for the minimum standard for the valuation of the policy or benefit is any table approved by the Commissioner for use in determining the minimum standard of valuation of the policy.
Md. Code, Business Occupations and Professions § 5-608.2 — MD Code / Article gbo / Title 5 / Subtitle 6 / Section 5-608.2
§5–608.
Status: in_force

§5–608.2.

The Board may prohibit or restrict the use or possession of lasers in beauty salons.
Md. Code, Public Safety § 5-609 — MD Code / Article gps / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

(a) An interim extreme risk protective order, temporary extreme risk protective order, and final extreme risk protective order issued under this subtitle shall state that a violation of the order may result in:

(1) criminal prosecution; and

(2) imprisonment or fine or both.

(b) A temporary extreme risk protective order and final extreme risk protective order issued under this subtitle shall state that a violation of the order may result in a finding of contempt.
Md. Code, Transportation § 5-1005 — MD Code / Article gtr / Title 5 / Subtitle 10 / Section 5-1005
§5–1005.
Status: in_force

(a) The owner and lessee of an aircraft operated above the lands and waters of this State are each prima facie liable, jointly and severally, for any injury to persons or property on the land or water beneath them that is caused by the operation of the aircraft or by the falling of any object from the aircraft, unless:

(1) The injury is caused in whole or in part by the negligence of the injured person or of the owner or bailee of the injured property; or

(2) At the time of the injury, the aircraft is being used without consent of the owner or the lessee, as the case may be.

(b) The presumption of liability on the part of the owner or lessee may be rebutted by proof that the injury was not caused by negligence on the part of:

(1) The owner or the lessee, as the case may be;

(2) Any person operating the aircraft with the permission of the owner or lessee; or

(3) Any person maintaining or repairing the aircraft with the permission of the owner or lessee.

(c) A person who is not the owner or lessee of the aircraft is liable only for the consequences of his own negligence.

(d) (1) The injured person or the owner or bailee of the injured property has a lien on the aircraft to the extent of the damage caused by the aircraft or the object falling from it, if he registers and records with the Administration a sworn notice of the lien within 30 days from the date of the injury. The notice of lien shall set forth in detail the injury or damage sustained by him or his property.

(2) A notice of a lien not so recorded is void against subsequent good faith purchasers and mortgagees without actual notice. The lien terminates on rebuttal of the prima facie liability by the owner or lessee of the aircraft.
Md. Code, Corporations and Associations § 5-532 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-532
§5–532.
Status: in_force

(a) (1) Any person who violates the provisions of § 5-510 (a) or (b) of this subtitle which restrict the use of the term “cooperative” is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding six months or both.

(2) Any corporation which violates the provisions of § 5-510 (a) or (b) of this subtitle shall have its right to do business in the State revoked in a proceeding brought in the circuit court of the county where its office is located.

(b) Any cooperative which violates any provision of this subtitle or of the Maryland General Corporation Law applicable to cooperatives shall have its right to do business in this State revoked in a proceeding brought in the circuit court of the county where its office is located.
Md. Code, Business Regulation § 5-609 — MD Code / Article gbr / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

Except as provided in § 5–602 of this subtitle, a sole proprietor registered cemeterian, permit holder, or any other person subject to the permit or registration requirements of this title may not establish, operate, or allow a cemetery to be operated in violation of this subtitle.
Md. Code, Election Law § 5-1303 — MD Code / Article gel / Title 5 / Subtitle 13 / Section 5-1303
§5–1303.
Status: in_force

(a) (1) If a nominee dies, declines the nomination, or is disqualified after the primary election but before a certificate of nomination is issued by the appropriate board with which candidates for that office must file a certificate of candidacy under § 5-302 of this title, the canvass and certification of the primary election results shall proceed as though the candidate had not died, declined the nomination, or been disqualified.

(2) If, following the canvass and certification, the individual who is certified as the nominee has died, declined the nomination, or been disqualified, a successor nominee may be named in the manner provided by law.

(b) (1) If a winning candidate dies, declines the office, or becomes disqualified after the general election but before the certification of the general election results, the canvass and certification shall proceed as though the candidate had not died, declined the office, or been disqualified.

(2) If, following the canvass and certification of the general election results, the individual who is declared elected has died, declined the office, or been disqualified, the office shall be declared vacant and filled in the manner provided by law.
Md. Code, State Finance and Procurement § 5-606 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

(a) The Plan may not be used to deny:

(1) a State–issued permit; or

(2) State funding:

(i) mandated by statute or regulation; or

(ii) provided for in the State operating budget or capital budget.

(b) The Plan does not:

(1) supersede any State statute or regulation;

(2) supersede any local ordinance or regulation;

(3) affect the delegation of planning and zoning powers granted by the State to local jurisdictions under Division II, Title 9, Subtitles 2 or 3, Title 10, or Title 11 of the Local Government Article and Division I of the Land Use Article; or

(4) overturn or prevent a decision of a local jurisdiction to fund a project.

(c) The Plan may not require a local government to change or alter a local ordinance, regulation, or comprehensive plan.
Md. Code, State Finance and Procurement § 5-508 — MD Code / Article gsf / Title 5 / Subtitle 5 / Section 5-508
§5–508.
Status: in_force

The Department shall annually publish on the Maryland InfoPortal information concerning State financial and technical assistance offered through State assistance programs.
Md. Code, General Provisions § 5-506 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

(a) (1) An official or employee may not intentionally use the prestige of office or public position:

(i) for that official’s or employee’s private gain or that of another; or

(ii) to influence, except as part of the official duties of the official or employee or as a usual and customary constituent service without additional compensation, the award of a State or local contract to a specific person.

(2) An official may not directly or indirectly initiate a solicitation for a person to retain the compensated services of a particular regulated lobbyist or lobbying firm.

(b) The performance of usual and customary constituent services, without additional compensation, is not prohibited under subsection (a) of this section.

(c) (1) A public official or employee may not use public resources or the title of the public official or employee to solicit a political contribution that is regulated in accordance with the Election Law Article.

(2) A State official may not use public resources to solicit a political contribution that is regulated in accordance with the Election Law Article.
Md. Code, Family Law § 5-537 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-537
§5–537.
Status: in_force

(a) From among its members, the State Board shall elect a chair and a vice chair by majority vote.

(b) (1) The terms of the chair and vice chair are 2 years.

(2) At the end of a term, the chair or vice chair continues to serve until a successor is elected.
Md. Code, Economic Development § 5-550 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-550
§5–550.
Status: in_force

(a) The General Assembly finds that:

(1) small businesses have proven to be a fast growing and reliable form of successful business expansion and successful new business creation;

(2) small businesses play a major role in the economy of the State and have been a continuing source of increasing tax revenues and job opportunities;

(3) the growth of small businesses should be encouraged and should be an integral part of the State’s economic development effort;

(4) socially or economically disadvantaged individuals often lack adequate capital and are unable to obtain financing from financial institutions or venture capital firms to begin and develop a small business, or to purchase an existing business; and

(5) promoting the creation and viability of small businesses and the purchase of existing businesses by socially or economically disadvantaged individuals is in the public interest.

(b) The purposes of the Equity Participation Investment Program are to:

(1) encourage and help socially or economically disadvantaged individuals to create and develop small businesses and acquire existing businesses in the State; and

(2) assist small businesses that, because they do not meet the established credit criteria of financial institutions, cannot obtain adequate business financing on reasonable terms through normal financing channels.
Md. Code, Corporations and Associations § 5-201 — MD Code / Article gca / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

The provisions of the Maryland General Corporation Law apply to nonstock corporations unless:

(1) The context of the provisions clearly requires otherwise; or

(2) Specific provisions of this subtitle or other subtitles governing specific classes of corporations provide otherwise.
Md. Code, Family Law § 5-314 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-314
§5–314.
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 II of this subtitle.
Md. Code, Natural Resources § 5-609 — MD Code / Article gnr / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

The Department may accept for the State any appropriation of money for any forest conservation purpose made out of the federal treasury by any act of Congress. The Department is the forest authority for the expenditure and administration of the funds. The Treasurer of the State is the custodian of money the State receives from appropriations for forest conservation purposes made by any act of Congress. He may receive and provide for the proper custody of the money and make disbursements upon order of the Department.
Md. Code, Financial Institutions § 5-1013 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1013
§5–1013.
Status: in_force

(a) Except as provided in this section, the Commissioner may not approve a transaction resulting in the establishment of a branch or branches by a bank, other than a de novo branch, if on consummation of the transaction the applicant, including any insured depository institution affiliate of the applicant, would control 30 percent or more of the total amount of deposits of insured depository institutions in this State.

(b) The Commissioner may by regulation adopt a procedure by which the 30 percent deposit limit may be waived for good cause.
Md. Code, Health - General § 5-1009 — MD Code / Article ghg / Title 5 / Subtitle 10 / Section 5-1009
§5–1009.
Status: in_force

This subtitle may be cited as the Maryland Suicide Mortality Review and Prevention Act.
Md. Code, Family Law § 5-1103 — MD Code / Article gfl / Title 5 / Subtitle 11 / Section 5-1103
§5–1103.
Status: in_force

(a) All proposals for funding received under this subtitle designed to address the prevention of child alcohol and drug abuse shall be reviewed by a selection committee composed of the following members:

(1) 2 persons designated by the Secretary of Health, of which 1 person shall have prior experience in local community alcohol and drug abuse prevention programs;

(2) 2 persons designated by the State Superintendent of Schools, of which 1 person shall have prior experience in local community alcohol and drug abuse prevention programs; and

(3) the Special Secretary of the Governor’s Office for Children who shall serve as chair of the committee.

(b) The Secretary of Health shall establish procedures for the grant award process and publish appropriate notice in the Maryland Register and in newspapers of general circulation concerning the submittal of proposals for funding under this section.

(c) The Maryland Department of Health shall administer the alcohol and drug abuse prevention grant program created under this subtitle and shall compile appropriate information regarding the awarding and use of grants received under this section.
Md. Code, Natural Resources § 5-1008 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1008
§5–1008.
Status: in_force

Notwithstanding any law or regulation to the contrary, youth groups registered with the Secretary shall be admitted to any Maryland State park free of any admission or overnight camping charge. This exemption shall apply only when the group is participating in official activities under adult supervision. For the purpose of this section, “youth group” includes, but is not limited to, boy scouts, girl scouts, 4-H members, and other affiliated groups. The Secretary may restrict admittance under this section when a given park is being used to capacity by the public.
Md. Code, Courts and Judicial Proceedings § 5-101 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.
Md. Code, Economic Development § 5-803 — MD Code / Article gec / Title 5 / Subtitle 8 / Section 5-803
§5–803.
Status: in_force

A public corporation or a private corporation that establishes, operates, and maintains a foreign trade zone under this subtitle is subject to the conditions of the federal Foreign Trade Zones Act.
Md. Code, Correctional Services § 5-202 — MD Code / Article gcs / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: reserved

(a) With the approval of the Governor, the Secretary shall appoint a Commissioner of Pretrial Detention and Services.

(b) The Commissioner serves at the pleasure of the Secretary.

(c) The Commissioner:

(1) has the same authority over the Division as this Code vests in the Commissioner of Correction over the Division of Correction;

(2) shall keep safely any incarcerated individual committed or transferred to the custody of the Commissioner until the incarcerated individual is discharged in accordance with law;

(3) is in charge of the Division, subject to the authority of the Secretary;

(4) is the appointing authority for all employees of the Division;

(5) shall establish a home detention program under terms and conditions that the Secretary provides;

(6) may enter agreements with the Commissioner of Correction and governmental units for the housing of any incarcerated individual held in the custody of the Division;

(7) may enter agreements for the housing of any incarcerated individual committed to federal or local governmental units in a facility within the Division; and

(8) may enter other agreements necessary to carry out the purposes of this title.

(d) (1) Subject to paragraph (2) of this subsection and notwithstanding any other provision of law, the Commissioner shall establish by regulation the terms and conditions of the home detention program required under subsection (c)(5) of this section.

(2) The authority of a court to determine the conditions of pretrial release or to find that a defendant awaiting trial may not be placed on a home detention program may not be limited or superseded by:

(i) a regulation of the Division or Department; or

(ii) the Division or the Commissioner.
Md. Code, Insurance § 5-206 — MD Code / Article gin / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) (1) In this section, “risk premiums” means the amount charged for the assumption of risk.

(2) “Risk premiums” includes title insurance producer commissions.

(3) “Risk premiums” does not include charges for services rendered in the preparation of documents, searching, underwriting, recording of documents, or closing of a risk.

(b) In addition to adequate reserves required by § 5–103 of this title for outstanding losses, a title insurer domiciled in the State shall maintain a statutory reserve or unearned premium reserve of at least an amount computed as follows:

(1) 8% of the total amount of the risk premiums written in the calendar year for the retained liability for title insurance contracts shall be as assigned originally to the reserves; and

(2) during each of the 20 years that follow the year in which the contract is issued, the reserves applicable to the contract shall be reduced in equal 12–month installments in accordance with the following formula:

(i) 35% of the aggregate sum in the year succeeding the year of addition;

(ii) 15% of the aggregate sum in each of the succeeding 2 years;

(iii) 10% of the aggregate sum in the succeeding year;

(iv) 3% of the aggregate sum in each of the succeeding 3 years;

(v) 2% of the aggregate sum in each of the succeeding 3 years; and

(vi) 1% of the aggregate sum in each of the succeeding 10 years.

(c) (1) Each title insurer shall file with its annual statement required under § 4–116 of this article a certification by a member in good standing of the Casualty Actuarial Society, or a member in good standing of the American Academy of Actuaries who has been approved as qualified for signing casualty loss reserve opinions by the Casualty Practice Council of the American Academy of Actuaries, as to the adequacy of its reserves required under this section and § 5–103 of this title.

(2) The actuarial certification required of a title insurer must conform to the National Association of Insurance Commissioners’ annual statement instructions for title insurers.

(d) (1) Unearned premium reserves may not be released under subsection (a) of this section to the extent that the release would result in the aggregate reserve falling below the amount required under this section and § 5–103 of this title.

(2) Any amount of unearned premium reserves that may not be released under paragraph (1) of this subsection shall be considered an unearned premium reserve and may not be considered a supplemental reserve.
Md. Code, Natural Resources § 5-9A-02 — MD Code / Article gnr / Title 5 / Subtitle 9A / Section 5-9A-02
§5–9A–02.
Status: in_force

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

(b) “Application” means an application to the Rural Legacy Board to designate a Rural Legacy Area.

(c) “Board” means the Rural Legacy Board.

(d) “BPW” means the Maryland State Board of Public Works.

(e) “Grant agreement” means an agreement between the Board and a sponsor to implement a Rural Legacy Plan in a designated Rural Legacy Area.

(f) “Land trust” means a qualified conservation organization that:

(1) Is a qualified organization under § 170(h)(3) of the Internal Revenue Code and regulations adopted under § 170(h)(3); and

(2) Has executed a cooperative agreement with the Maryland Environmental Trust.

(g) “Priority funding area” means an area designated as a priority funding area under § 5-7B-02 of the State Finance and Procurement Article.

(h) “Program” means the Rural Legacy Program established by this subtitle.

(i) “Rural Legacy Area” means a region within or outside a metropolitan area designated by the Board as rich in a multitude of agricultural, forestry, natural, and cultural resources.

(j) “Rural Legacy Plan” means a plan accepted by the Board for acquisition of easements and fee interests in Rural Legacy Areas.

(k) “Sponsor” means a local government, group of local governments, or a land trust.
Md. Code, Transportation § 5-302 — MD Code / Article gtr / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) This subtitle does not apply to any airport owned or operated by the United States.

(b) To the extent necessary and in accordance with any reasonable classification, the Administration from time to time shall exempt any other class of airports from any requirement of a rule or regulation adopted under this subtitle, if the application of the requirement would be an undue burden on the class and is not required in the interest of public safety.
Md. Code, Natural Resources § 5-211 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-211
§5–211.
Status: in_force

The Department shall prepare, print, and distribute on request, matter relating to the State forests, parks, scenic preserves, parkways, historic monuments, and recreational areas.
Md. Code, Corporations and Associations § 5-510 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-510
§5–510.
Status: in_force

(a) Except for an electric or transportation cooperative, a person may not use the term “cooperative” as part of his corporate or business name unless he has complied with the provisions of this subtitle.

(b) A foreign corporation organized under and complying with the cooperative law of the place where it was organized may use the term “cooperative” in this State if it:

(1) Complies with the laws of this State applicable to foreign corporations; and

(2) Does business as a cooperative.

(c) Every cooperative shall use the term “cooperative” as part of or affixed to its corporate name.
Md. Code, Transportation § 5-617 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-617
§5–617.
Status: in_force

(a) (1) Each political subdivision, by action of its legislative body, may provide for the enforcement of this subtitle and of any rule, regulation, or ordinance or other legislation adopted under it.

(2) In addition to any other remedy, the political subdivision or its proper agency may institute or cause to be instituted any appropriate legal, equitable, or criminal action to enforce any provision of this subtitle or of any rule, regulation, or ordinance or other legislation adopted under this subtitle.

(b) Any person who violates any provision of this subtitle or of any rule, regulation, or ordinance or other legislation adopted by a political subdivision under this subtitle is guilty of a misdemeanor and on conviction:

(1) Is subject to the punishment of fine or imprisonment or both provided for by the political subdivision; or

(2) If the political subdivision does not provide for any punishment, is subject to a fine of not more than $500 for each day or part of a day that the violation continues.
Md. Code, Economic Development § 5-704 — MD Code / Article gec / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

(a) (1) The Secretary may designate an area as an enterprise zone only if the area:

(i) is in a priority funding area or in a qualified opportunity zone under § 1400Z–1 of the Internal Revenue Code in Allegany County, Garrett County, Somerset County, or Wicomico County or meets an exception under Title 5, Subtitle 7B of the State Finance and Procurement Article; and

(ii) satisfies at least one of the requirements specified in paragraph (2) of this subsection.

(2) An area may be designated as an enterprise zone if:

(i) the average rate of unemployment in the area, or within a reasonable proximity to the area but in the same county, for the most recent 18–month period for which data are available is at least 150% of the greater of the average rate of unemployment in either the State or the United States during that period;

(ii) the population in the area, or within a reasonable proximity to the area but in the same county, qualifies the area as a low–income poverty area;

(iii) at least 70% of the families in the area, or within a reasonable proximity to the area but in the same county, have incomes that are less than 80% of the median family income in the political subdivision that contains the area; or

(iv) the population in the area, or within a reasonable proximity to the area but in the same county, decreased by 10% between the most recent two censuses, and the political subdivision can demonstrate to the Secretary’s satisfaction that:

1. chronic abandonment or demolition of property is occurring in the area; or

2. substantial property tax arrearages exist in the area.

(3) (i) In determining if an area meets the requirements of this subsection, the Secretary may consider the most recent census data provided by the United States Bureau of the Census or any other reliable data that is acceptable to the Secretary.

(ii) Before considering data other than the most recent census in making a determination under paragraph (2)(ii) of this subsection, the Secretary shall adopt regulations specifying alternative data that are satisfactory to the Secretary.

(4) The Secretary:

(i) shall adopt regulations governing the evaluation and prioritization of applications for the designation of new enterprise zones under this section and the expansion of existing enterprise zones under § 5–705 of this subtitle; and

(ii) may adopt regulations necessary and appropriate to carry out this subtitle.

(5) Before designating an enterprise zone, the Secretary shall consult with the appropriate advisors.

(b) (1) Within 60 days after a submission date, the Secretary may designate one or more enterprise zones from among the areas described in the applications timely submitted.

(2) The designation of an area as an enterprise zone is effective for 10 years.

(3) The Secretary may not designate more than six enterprise zones in a calendar year.

(4) A county may not receive more than two enterprise zones in a calendar year.

(c) The designation of the Secretary is final.

(d) At any time, a political subdivision may reapply to the Secretary to designate as an enterprise zone an area that is not designated.
Md. Code, Economic Development § 5-337 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-337
§5–337.
Status: in_force

(a) Notwithstanding any other provision of law, the Department may provide to a person, including a responsible person, a low-interest loan or grant to conduct the environmental site assessment of a potential brownfields site that is required to participate in the Voluntary Cleanup Program under Title 7, Subtitle 5 of the Environment Article, if the person:

(1) has not already applied to participate in the Program;

(2) is otherwise eligible to participate in the Program; and

(3) meets the eligibility requirements that the Department sets.

(b) The information contained in an environmental site assessment is:

(1) the property of the State, if the assessment is financed wholly or partly by:

(i) a grant from the Department; or

(ii) a loan that is in payment default; or

(2) the property of the person who contracted for the assessment, if the assessment is financed by:

(i) a loan from the Department; or

(ii) a grant that is repaid.

(c) Eligibility for a loan or grant for an environmental site assessment under this section does not constitute eligibility for:

(1) any other financial assistance under this subtitle; or

(2) the tax credits provided under § 9-229 of the Tax - Property Article.

(d) The recipient of a grant under this section shall repay the grant if, within 12 months after receiving the grant, the recipient does not receive approval from the Department of the Environment to:

(1) participate in the Voluntary Cleanup Program; or

(2) implement a corrective action plan under Title 4 of the Environment Article.

(e) A low-interest loan provided under this section shall convert to a market rate loan if, within 12 months after receiving the loan, the recipient does not receive approval from the Department of the Environment to:

(1) participate in the Voluntary Cleanup Program; or

(2) implement a corrective action plan under Title 4 of the Environment Article.

(f) The Department may establish procedures and eligibility requirements for the approval of requests for loans and grants under this section.
Md. Code, General Provisions § 5-836 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-836
§5–836.
Status: in_force

(a) An ex parte communication concerning a pending application between an applicant or applicant’s agent and a member or the County Executive shall be disclosed as required in this section.

(b) An applicant or agent who communicates ex parte during the pendency of the application with a member or with the County Executive shall file, for each ex parte communication, a separate disclosure with the clerk of the County Council within 5 working days after the communication was made or received, whichever is later.

(c) The County Executive or a member who communicates ex parte during the pendency of the application with an applicant or agent shall file, for each ex parte communication, a separate disclosure with the clerk of the County Council within 5 working days after the communication was made or received, whichever is later.
Md. Code, Land Use § 5-105 — MD Code / Article glu / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: reserved

(a) After a planning commission begins to exercise control over subdivisions under this subtitle, the authority of the planning commission over plats shall be exclusive within the territory under its jurisdiction.

(b) Unless otherwise provided in this division, all statutory control over plats or subdivisions granted by other statutes shall be considered transferred to the planning commission of the local jurisdiction.
Md. Code, Economic Development § 5-331 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-331
§5–331.
Status: in_force

(a) During each fiscal year the Department may not grant more than $2,000,000 under this part.

(b) (1) Subject to paragraph (2) of this subsection, during each fiscal year a county may not receive more than $250,000 under this part.

(2) For purposes of the limitation under paragraph (1) of this subsection:

(i) any money received under this part by a municipal corporation or designated agency or instrumentality is deemed to be money granted to the county within which the municipal corporation, agency, or instrumentality is located; and

(ii) if more than one county administers or capitalizes a local economic development fund, each county may receive the maximum authorized for a county.
Md. Code, Family Law § 5-2A-03 — MD Code / Article gfl / Title 5 / Subtitle 2A / Section 5-2A-03
§5–2A–03.
Status: in_force

(a) At the hearing, the court shall conduct an in camera interview of the petitioner separate from the petitioner’s parents, guardians, or legal custodians and intended spouse.

(b) (1) Neither the wishes of the parents, guardians, or legal custodians of the petitioner nor the fact that the petitioner or the intended spouse of the petitioner is pregnant is sufficient evidence to determine that marriage is in the best interest of the petitioner.

(2) There is a rebuttable presumption that marriage is not in the best interests of the petitioner if all the parents, guardians, or legal custodians of the petitioner oppose the petition.

(c) Subject to subsection (e) of this section, after a hearing, a court may issue an order granting authorization to marry if the court makes written findings that:

(1) the petitioner is at least 17 years old;

(2) the petitioner seeks to marry voluntarily and free from force, coercion, and fraud; and

(3) the petitioner is mature and capable of self–sufficiency and self–support.

(d) A court may deny a petition for the authorization to marry if the court makes a written finding that marriage is not in the best interest of the petitioner.

(e) A court may not issue an order granting authorization to marry under this section if the court determines that:

(1) the intended spouse of the petitioner:

(i) at any time has been in a position of authority over the petitioner or in a position of special trust with the petitioner or has had a professional relationship with the petitioner; or

(ii) has been convicted or adjudicated delinquent for:

1. any crime against a minor;

2. a crime of violence under § 14–101 of the Criminal Law Article;

3. a sexual crime under Title 3, Subtitle 3 of the Criminal Law Article; or

4. human trafficking under Title 3, Subtitle 11 of the Criminal Law Article;

(2) one party is pregnant or has a child with the other party that evidences that the petitioner was the victim of a sexual crime committed by the intended spouse; or

(3) a protective order or peace order was issued against the intended spouse of the petitioner, regardless of whether the petitioner was the person to be protected.
Md. Code, Economic Development § 5-348 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-348
§5–348.
Status: in_force

(a) The proceeds of a child care special loan may be used:

(1) to assist the applicant in meeting applicable State and local child care standards;

(2) to pay for minor renovations, and to upgrade child care facilities, to ensure that applicants meet State and local child care standards; or

(3) to purchase and install equipment and furniture, including equipment needed to accommodate children with special needs.

(b) Except as provided in subsection (a) of this section, the proceeds of a child care special loan may not be used:

(1) to purchase or improve land; or

(2) to purchase, construct, or improve a building or facility.
Md. Code, Education § 5-502 — MD Code / Article ged / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

An educational institution that seeks to qualify as a State-aided educational institution for funding in the fiscal year following the upcoming fiscal year shall submit before May 1 to the Maryland State Department of Education:

(1) An augmentation request describing:

(i) Who will be served;

(ii) The objectives of the educational program; and

(iii) The anticipated outcomes;

(2) An application for qualification as a State-aided educational institution; and

(3) Supporting documentation as described in § 5-501 of this subtitle.
Md. Code, Corporations and Associations § 5-6C-02 — MD Code / Article gca / Title 5 / Subtitle 6C / Section 5-6C-02
§5–6C–02.
Status: in_force

(a) The provisions of the Maryland General Corporation Law apply to benefit corporations except to the extent that:

(1) The context of a provision clearly requires otherwise; or

(2) A specific provision of this subtitle or another provision of law governing specific classes of corporations provides otherwise.

(b) This subtitle applies only to benefit corporations.

(c) (1) The existence of a provision of this subtitle does not of itself create any implication that a contrary or different rule of law is or would be applicable to a corporation that is not a benefit corporation.

(2) This subtitle does not affect any statute or rule of law as it applies to a corporation that is not a benefit corporation.

(d) A provision of the charter or bylaws of a benefit corporation may not be inconsistent with any provision of this subtitle.
Md. Code, Natural Resources § 5-1213 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1213
§5–1213.
Status: in_force

Within wildland areas designated by Part II of this subtitle, the use of motorboats, where they have already become established, may continue subject to any restrictions the Secretary deems desirable. In addition, necessary measures may be taken to control fires, insects, and diseases, subject to conditions the Secretary deems desirable. These regulations shall be adopted by July 1, 1972.
Md. Code, Family Law § 5-1026 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1026
§5–1026.
Status: in_force

(a) The court shall hear the complaint without a jury.

(b) Except as otherwise provided in this subtitle, proceedings under this subtitle shall be treated in accordance with the laws, rules, and practice that relate to trials in other civil cases.

(c) In a trial under this subtitle, no comment on or reference to an alleged father’s failure to testify may be made or permitted.
Md. Code, Education § 5-111 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-111
§5–111.
Status: in_force

(a) (1) Each county board shall make the reports required by the State Board and by the State Superintendent.

(2) The reports shall be made at the time, include the items, and be on the forms required by the State Board and by the State Superintendent.

(b) (1) Each county board shall prepare, publish, and make available to interested parties an annual report on the condition, current accomplishments, and needs for improvement of the schools as well as a statement of the business and financial transactions of the county board.

(2) This report shall be published before the end of the calendar year.

(c) The public schools of each county shall use a uniform method, as required by the county superintendent, for reporting the receipts, expenditures, and balances of the operations and activities conducted by the public schools.

(d) (1) At the request of the county governing body made in writing at least 30 days before the reporting deadline, the county board or superintendent shall report to the county governing body on or before November 1 and March 1 of each fiscal year on the school system’s operations, including any adjustment made to the approved annual budget and post the report on the county board’s public–facing website, in an easily identifiable location.

(2) A report under this subsection shall be made available to all interested persons.

(e) (1) At the request of the county board made in writing at least 30 days before the reporting deadline the county governing body shall report to the county board on or before November 1 and March 1 of each fiscal year on the county’s fiscal status for the immediate fiscal year and the subsequent fiscal year and post the report on the county board’s public–facing website, in an easily identifiable location.

(2) A report under this subsection shall be made available to all interested persons.
Md. Code, State Finance and Procurement § 5A-406 — MD Code / Article gsf / Title 5A / Subtitle 4 / Section 5A-406
§5A–406.
Status: in_force

Receipt of a grant award under this subtitle and conditions of the award shall be recorded in the land records for the county in which the historic barn or agricultural structure is located.
Md. Code, Education § 5-302 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) There is an Interagency Commission on School Construction.

(b) The Interagency Commission is an independent unit of State government.

(c) The purpose of the Interagency Commission is to develop and approve policies, procedures, guidelines, and regulations on State school construction allocations to local jurisdictions in an independent and merit–based manner.

(d) The Interagency Commission consists of the following members:

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

(2) The Secretary of Planning, or the Secretary’s designee;

(3) The Secretary of General Services, or the Secretary’s designee;

(4) Two members of the public appointed by the Governor;

(5) Two members of the public appointed by the President of the Senate; and

(6) Two members of the public appointed by the Speaker of the House.

(e) The Governor, President of the Senate, and Speaker of the House jointly shall select the Chair of the Interagency Commission.

(f) (1) An appointed member of the Interagency Commission may not be:

(i) An individual who is a regulated lobbyist as described in § 5–702(a)(1), (2), (3), or (4) of the General Provisions Article;

(ii) A federal, State, or local elected official;

(iii) An employee of State or county government or a county board of education; or

(iv) An individual who has a business interest in, or contracts related to, school construction in any jurisdiction in the State.

(2) An appointed member of the Interagency Commission may be removed for incompetence, misconduct, or failure to perform the duties of the position by:

(i) The Governor, if appointed by the Governor;

(ii) The President of the Senate, if appointed by the President of the Senate; or

(iii) The Speaker of the House, if appointed by the Speaker of the House.

(g) An appointed member of the Interagency Commission:

(1) May not receive compensation as a member of the Commission; but

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

(h) (1) The Interagency Commission is a public body and subject to Title 3 of the General Provisions Article.

(2) Deliberations and decisions regarding the eligibility of projects and allocation of funding shall be considered quasi–legislative functions for the purposes of the Open Meetings Act.

(i) (1) The Interagency Commission may employ staff, including contractual staff, in accordance with the State budget.

(2) The Interagency Commission shall appoint an Executive Director of the Interagency Commission.

(3) (i) The Department or any other State agency may lend its employees to serve as the staff for the Interagency Commission.

(ii) These employees shall be paid by the agency that employs them.
Md. Code, Courts and Judicial Proceedings § 5-1202 — MD Code / Article gcj / Title 5 / Subtitle 12 / Section 5-1202
§5–1202.
Status: in_force

(a) A creditor or a collector may not initiate a consumer debt collection action after the expiration of the statute of limitations applicable to the consumer debt collection action.

(b) (1) Notwithstanding any other provision of law, any payment toward, written or oral affirmation of, or any other activity on the debt that occurs after the expiration of the statute of limitations applicable to the consumer debt collection action does not revive or extend the limitations period.

(2) This subsection may not be interpreted to affect the statute of limitations applicable to a cause of action arising from a separate written agreement or written payment plan entered into by the debtor and the creditor or collector before the expiration of the statute of limitations applicable to the consumer debt collection action.
Md. Code, Transportation § 5-612 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-612
§5–612.
Status: reserved

(a) Airport zoning regulations adopted under this subtitle shall provide for a board of appeals with the power:

(1) To hear and decide appeals in all cases in which it is alleged that there is error in any decision of the administrative agency in the enforcement of this subtitle or of any ordinance or other legislation adopted under this subtitle;

(2) If required by an ordinance or other legislation adopted under this subtitle, to hear and decide special exceptions to the terms of the ordinance or other legislation; and

(3) To hear, decide, and, in proper cases, grant specific variances from the zoning regulations adopted under this subtitle, subject to the rules, regulations, restrictions, guides, and standards established under this subtitle.

(b) A zoning board of appeals of the political subdivision may be designated as the board of appeals. In all other cases, subsection (c) of this section applies.

(c) (1) Except as provided in subsection (b) of this section, the board of appeals shall consist of five appointed members.

(2) Each member of the board of appeals serves for a term of 4 years and until his successor is appointed and qualifies. However, of the original appointees, one is to serve a 1-year term, one is to serve a 2-year term, one is to serve a 3-year term, and two are to serve a 4-year term.

(3) On written charges and after a public hearing, the respective appointing authority may remove any member of the board of appeals for cause.

(4) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.

(d) (1) The board of appeals shall adopt rules and regulations in accordance with any ordinance adopted under this subtitle.

(2) Meetings of the board shall be held at the call of the chairman and at any other time that the board determines. All meetings of the board shall be open to the public.

(3) The board shall keep minutes of its proceedings, showing the absence, vote, or failure to vote of each member on each question, and records of its examinations and other official actions. These minutes and records shall be filed immediately in the office of the board and shall be a public record.

(e) (1) At a meeting of the board of appeals, the chairman or, in his absence, the acting chairman may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of papers, books, and documents.

(2) If a person fails to comply with any subpoena or order issued under this subsection, the chairman or acting chairman may invoke the aid of a court of competent jurisdiction. The court may order that person to obey the subpoena or order or to give evidence about the matter in question.

(f) The concurring vote of a majority of the members of the board is sufficient to exercise any of its powers under this subtitle.
Md. Code, Economic Development § 5-2107 — MD Code / Article gec / Title 5 / Subtitle 21 / Section 5-2107
§5–2107.
Status: in_force

The Department shall provide staff for the Advisory Commission.
Md. Code, General Provisions § 5-808 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-808
§5–808.
Status: in_force

(a) Except as provided in subsection (b) of this section, the conflict of interest provisions enacted by a county or municipal corporation under § 5–807 of this subtitle:

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

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

(b) The conflict of interest provisions for elected local officials enacted by a county or municipal corporation under § 5–807 of this subtitle:

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

(2) in accordance with regulations adopted by the Ethics Commission and consistent with the intent of this title, may be modified to the extent necessary to make the provisions relevant to the prevention of conflicts of interest in that jurisdiction.
Md. Code, Courts and Judicial Proceedings § 5-606 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

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

(2) “Charitable organization” means:

(i) An organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, except licensed hospitals; or

(ii) A medical society that is exempt from taxation under § 501(c)(6) of the Internal Revenue Code.

(3) “Compensation” does not include actual and necessary expenses that are incurred by a volunteer or physician in connection with the services provided or the duties performed by the volunteer or physician on behalf of a charitable organization, and that are reimbursed to the volunteer or physician or otherwise paid.

(4) “Health care provider” has the meaning stated in § 3-2A-01 of this article.

(5) “Physician” means any physician licensed to practice medicine in the State.

(6) “Suit” means any civil action, including any health care malpractice action filed with the Health Care Alternative Dispute Resolution Office, brought against a volunteer or physician or a charitable organization by virtue of the volunteer’s or physician’s act or omission in providing services or performing duties on behalf of the charitable organization.

(7) “Volunteer” means an officer, director, trustee, or other person who provides services or performs duties on behalf of a charitable organization without receiving compensation.

(b) (1) A volunteer who is a health care provider or physician who renders health care services voluntarily and without compensation to any person seeking health care at or through a charitable organization is not liable, for any amount in excess of any applicable limit of insurance coverage, in any suit for civil damages for any act or omission resulting from the rendering of such services unless the act or omission constitutes:

(i) Willful or wanton misconduct;

(ii) Gross negligence; or

(iii) Intentionally tortious conduct.

(2) A volunteer who is a health care provider or physician who renders health care services voluntarily and without compensation to any person seeking health care through a charitable organization chartered to provide health care services to homeless or indigent individuals is not liable, for any amount in excess of any applicable limit of insurance coverage, in any suit for civil damages for any act or omission resulting from the rendering of such services unless the act or omission constitutes:

(i) Willful or wanton misconduct;

(ii) Gross negligence; or

(iii) Intentionally tortious conduct.

(c) (1) This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a physician or volunteer who is a health care provider.

(2) This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law, to which a volunteer who is a health care provider or physician may be entitled.
Md. Code, Election Law § 5-703.1 — MD Code / Article gel / Title 5 / Subtitle 7 / Section 5-703.1
§5–703.
Status: in_force

§5–703.1.

(a) Except for a candidate for a nonpartisan county board of education, this section applies to any candidate for public office subject to this title.

(b) A candidate for a public office may be nominated by a political party under this subtitle if the political party is not required to nominate its candidates by party primary.

(c) (1) This subsection does not apply to a candidate nominated by a new political party under § 4–102(f) of this article.

(2) A candidate for public office who seeks political party nomination under this section shall file a declaration of intent to seek political party nomination.

(3) The declaration of intent shall be filed with the board at which the candidate files a certificate of candidacy under Subtitle 3 of this title.

(4) The declaration of intent shall be filed as follows:

(i) not later than the first Monday in July; and

(ii) for a special election to fill a vacancy:

1. for Representative in Congress, by the date and time specified in the Governor’s proclamation; or

2. for a local public office, by the date and time specified in the county proclamation.

(5) A candidate who seeks nomination by political party may not be charged a fee for filing the declaration of intent.

(d) (1) A candidate for public office who seeks nomination by political party shall file a certificate of candidacy not later than 5 p.m. on the first Monday in August in the year of the general election for the office.

(2) Except for the time of filing, the certificate of candidacy for a candidate who seeks nomination by political party shall comply with the requirements for a certificate of candidacy under Subtitle 3 of this title.

(e) (1) A candidate for nomination by political party may not have the candidate’s name placed on the general election ballot unless the candidate files with the appropriate board, on a form the State Board prescribes, a certificate of nomination signed by the officers of the political party.

(2) In a special election to fill a vacancy in the office of Representative in Congress, a certificate of nomination shall be filed with the State Board by 5 p.m. on the day of the special primary election.
Md. Code, Natural Resources § 5-501 — MD Code / Article gnr / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

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

(b) “Cutting operation” means the cutting of timber for commercial purposes from five acres or more of land on which loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), or pond pine (Pinus serotina), singly or together occur and constitute 25 percent or more of the live trees on each acre.

(c) “Diameter” means the distance through the tree at the point of average thickness as measured from outside the bark to outside of bark at a point on the trunk eight inches above the general ground level.

(d) “Landowner” means the person holding title to the land or possessing the right to contract for the cutting operation thereon.

(e) “Operator” means any person, including a “landowner”, who conducts any cutting operation.

(f) “Person” includes the State, any county, municipal corporation or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation or any other entity.

(g) “Pine” means any loblolly (Pinus taeda), shortleaf pine (Pinus echinata), or pond pine (Pinus serotina).

(h) “Seedling” means a young loblolly, shortleaf, or pond pine plant less than six inches in diameter.

(i) “Tree” or “timber” means any tree of a currently commercially valuable species which is six inches or more in diameter.
Md. Code, Agriculture § 5-503 — MD Code / Article gag / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) (1) A beekeeper shall register annually with the Department each colony that it maintains, as provided in this subsection.

(2) On or before January 1 of each year, the beekeeper shall complete and submit to the Department a registration form on which the beekeeper shall state the number of colonies he maintains and the location of each colony.

(3) The Department shall adopt a form which shall be used to comply with the registration requirements of this subsection.

(b) Any person who is not registered as a beekeeper under this section and who acquires a colony shall register it with the Department within 30 days after the acquisition.
Md. Code, Estates and Trusts § 5-705 — MD Code / Article get / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

An election for modified administration shall include:

(1) A statement that the estate qualifies for modified administration;

(2) A brief description of the property subject to administration; and

(3) An acknowledgment that:

(i) A verified final report under modified administration shall be filed no later than 10 months from the date of appointment; and

(ii) Distribution of the estate shall occur no later than 12 months from the date of appointment.
Md. Code, Environment § 5-503.1 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-503.1
§5–503.
Status: in_force

§5–503.1.

(a) (1) This section applies to any dam that:

(i) Has the potential to cause the loss of human life or substantial property damage in the event of structural failure; and

(ii) Has been designated or verified by the Department as a high hazard or significant hazard dam, as defined in the classification of dams under regulations adopted by the Department.

(2) This section does not apply to a dam that is licensed by, and subject to the jurisdiction of, the Federal Energy Regulatory Commission if the owner of the dam submits to the Department:

(i) On or before August 1, 2017, a copy of the existing emergency action plan for the dam; and

(ii) Within 30 days after filing with the Federal Energy Regulatory Commission any update to the emergency action plan, a copy of the update to the emergency action plan.

(b) (1) An owner of a dam subject to this section shall prepare and submit to the Department for approval an emergency action plan in accordance with this section to protect downstream human life and safeguard property in the event of a structural failure or any other emergency.

(2) An owner of an existing dam subject to this section shall submit a plan to the Department for approval on or before August 1, 2017.

(3) A person proposing to construct a dam subject to this section shall submit a plan with an application for a permit to construct the dam under § 5–503 of this subtitle.

(c) An emergency action plan shall contain:

(1) A description of the dam, including its hazard classification;

(2) Maps or other graphic representations of areas downstream that have the potential to be affected by a structural failure or any other emergency;

(3) A list of agencies and individuals responsible for monitoring weather and operating conditions at the dam during emergencies;

(4) Detailed operating procedures for making decisions and taking actions to protect lives and property in areas downstream from the dam in the event of an emergency;

(5) Procedures for notifying jurisdictions, businesses, and persons who have the potential to be affected by a dam failure or any other emergency;

(6) A list of emergency management resources and equipment that could be needed in the event of an emergency; and

(7) Any additional information required by the Department.

(d) On approval of the emergency action plan by the Department, the dam owner shall provide copies of the plan to appropriate State and local emergency management agencies.

(e) Emergency action plans shall be updated annually and submitted to the Department for approval on or before May 1 each year.

(f) (1) An owner of a dam subject to this section shall conduct a functional exercise or test of the approved emergency action plan at least once every 5 years.

(2) The results of the functional exercise or test required under paragraph (1) of this subsection shall be reported in the annual update to the emergency action plan that is submitted in the same year.

(g) The Department may adopt regulations to implement this section.
Md. Code, Family Law § 5-320 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-320
§5–320.
Status: in_force

(a) A juvenile court may grant guardianship of a child only if:

(1) (i) the child does not object;

(ii) the local department:

1. filed the petition; or

2. did not object to another party filing the petition; and

(iii) 1. each of the child’s living parents consents:

A. in writing;

B. knowingly and voluntarily, on the record before the juvenile court; or

C. by failure to file a timely notice of objection after being served with a show–cause order in accordance with this subtitle;

2. an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the unit or person consents; or

3. parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5–305 of this subtitle; or

(2) in accordance with § 5–323 of this subtitle, the juvenile court finds termination of parental rights to be in the child’s best interests without consent otherwise required under this section or over the child’s objection.

(b) A governmental unit or person:

(1) may condition consent or acquiescence on adoption into a specific family that a local department approves for the placement; but

(2) may not condition consent or acquiescence on any factor other than placement into a specific family.
Md. Code, Family Law § 5-1006 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1006
§5–1006.
Status: in_force

(a) Except as otherwise provided in subsection (d) of this section, a proceeding to establish paternity of a child under this subtitle may be begun at any time before the child’s eighteenth birthday.

(b) A paternity proceeding under this subtitle may be begun during pregnancy.

(c) A complaint under this subtitle is not barred because the child born out of wedlock was conceived or born outside this State.

(d) A proceeding to establish paternity of a child who is dependent on a parent because of a mental or physical infirmity may be begun at any time before the child’s twenty–first birthday.
Md. Code, Health - General § 5-310 — MD Code / Article ghg / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

(a) (1) The Office of the Chief Medical Examiner shall keep complete records on each medical examiner’s case.

(2) The records shall be indexed properly and include:

(i) The name, if known, of the deceased;

(ii) The place where the body was found;

(iii) The date, cause, and manner of death; and

(iv) All other available information about the death.

(b) The original report of the medical examiner who investigates a medical examiner’s case and the findings and conclusions of any autopsy shall be attached to the record of the medical examiner’s case.

(c) The Chief Medical Examiner or, if the Chief Medical Examiner is absent or cannot act, the Deputy Chief Medical Examiner or an assistant medical examiner, and each deputy medical examiner promptly shall deliver to the State’s Attorney for the county where the body was found a copy of each record that relates to a death for which the medical examiner considers further investigation advisable. A State’s Attorney may obtain from the office of a medical examiner a copy of any record or other information that the State’s Attorney considers necessary.

(d) (1) In this subsection, “record”:

(i) Means the result of an external examination of or an autopsy on a body; and

(ii) Does not include a statement of a witness or other individual.

(2) A record of the Office of the Chief Medical Examiner or any deputy medical examiner, if made by the medical examiner or by anyone under the medical examiner’s direct supervision or control, or a certified transcript of that record, is competent evidence in any court in this State of the matters and facts contained in it.

(e) (1) The Office of the Chief Medical Examiner shall charge a reasonable fee for reports as specified in a schedule of fees defined in the regulations of the Office of the Chief Medical Examiner.

(2) A deputy medical examiner may keep any fee collected by the deputy medical examiner.
Md. Code, Courts and Judicial Proceedings § 5-205 — MD Code / Article gcj / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) A person who absents himself from the State or removes from county to county after contracting a debt, so that his creditor may be uncertain of finding the person or his property, may not have the benefit of any limitation contained in this title, but this subsection does not prohibit a person from removing himself or his family from one county to another for reasons of convenience nor does it deprive any person leaving the State for the time limited in this subsection of the benefits of any statute of limitations if he leaves sufficient and known effects for the payment of his just debts in the hands of some person who will assume the payment of them to his creditors.

(b) A person who is absent from the State when a cause of action accrues against him may not benefit from a statute of limitation if the plaintiff files the action within the normal limitations period after the defendant returns to the State.
Md. Code, General Provisions § 5-602 — MD Code / Article ggp / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

(a) Except as otherwise provided in this subtitle, a statement filed under § 5–601, § 5–603, § 5–604, or § 5–605 of this subtitle shall:

(1) be filed electronically with the Ethics Commission;

(2) be filed under oath;

(3) be filed on or before April 30 of each year;

(4) cover the calendar year immediately preceding the year of filing; and

(5) contain the information required in § 5–607 of this subtitle.

(b) A member of the General Assembly shall file the statement with the Ethics Commission and the Joint Ethics Committee.

(c) (1) In addition to the statement filed under § 5–601 of this subtitle, a member of the General Assembly shall file a preliminary disclosure on or before the seventh day of the regular legislative session if there will be a substantial change in the statement covering the calendar year immediately preceding the year of filing, as compared to the next preceding calendar year.

(2) A member of the General Assembly whose statement under § 5–601 of this subtitle will not contain a substantial change is not required to file a preliminary disclosure under paragraph (1) of this subsection.

(3) The Joint Ethics Committee shall determine:

(i) the form of a preliminary disclosure under this subsection; and

(ii) which aspects of financial disclosure are subject to this subsection.

(4) A preliminary disclosure shall be filed and maintained, and may be disclosed, in the same manner required for a statement filed under § 5–601 of this subtitle.

(d) (1) The Ethics Commission shall develop and implement procedures for the electronic filing of a statement under this subtitle.

(2) (i) To comply with the requirement of paragraph (1) of this subsection, the Ethics Commission may adopt regulations to modify the format for disclosure of information required under § 5–607 of this subtitle.

(ii) The regulations adopted under this paragraph shall be consistent with the intent of this title.

(e) (1) If the financial disclosure statement filed electronically under subsection (d) of this section is required to be made under oath or affirmation, the oath or affirmation shall be made by an electronic signature that is:

(i) in the financial disclosure statement or attached to and made part of the financial disclosure statement; and

(ii) made expressly under the penalties for perjury.

(2) An electronic signature made under paragraph (1) of this subsection subjects the individual making it to the penalties for perjury to the same extent as an oath or affirmation made before an individual authorized to administer oaths.

(f) On or before January 15 of each year, a governmental unit shall provide an individual who is employed by the governmental unit and who is required to file a statement under this subtitle a list of entities that did business with the governmental unit during the preceding calendar year.
Md. Code, Courts and Judicial Proceedings § 5-623 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-623
§5–623.
Status: in_force

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

(2) “Admission” has the meaning stated in § 10-101 of the Health - General Article.

(3) “Facility” has the meaning stated in § 10-101 of the Health - General Article.

(b) A person who in good faith and with reasonable grounds applies for involuntary admission of an individual is not civilly or criminally liable for making the application under Title 10, Subtitle 6, Part III of the Health - General Article.

(c) A facility or veterans’ administration hospital that, in good faith and with reasonable grounds, acts in compliance with the provisions of Title 10, Subtitle 6, Part III of the Health - General Article is not civilly or criminally liable for that action.

(d) An agent or employee of a facility or veterans’ administration hospital who, in good faith and with reasonable grounds, acts in compliance with the provisions of Title 10, Subtitle 6, Part III of the Health - General Article is not civilly or criminally liable for that action.
Md. Code, Business Regulation § 5-102 — MD Code / Article gbr / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) The registration and permitting provisions of this title do not apply to:

(1) a person that owns and operates a bona fide religious–nonprofit cemetery in this State;

(2) a cemetery owned by a nonprofit organization created before 1900 by an act of the General Assembly;

(3) a county, city, or municipal corporation that owns and operates a cemetery in the State;

(4) a veterans’ cemetery operated by the State; or

(5) a private family cemetery that does not conduct public sales.

(b) This title does not apply to:

(1) the operation of a funeral establishment, including the sale of burial goods in the ordinary course of the funeral establishment’s business;

(2) the operation or ownership of a crematory in which a person who is licensed and regulated under Title 7 of the Health Occupations Article owns a greater percentage of the crematory than a registered cemeterian, registered seller, or holder of a permit for the operation of a cemetery or burial goods business;

(3) the operation or ownership of a crematory or incinerator at a licensed medical facility or educational institution;

(4) a licensed funeral director acting within the scope of the funeral director’s license; or

(5) a mortician acting within the scope of the mortician’s license.
Md. Code, Family Law § 5-1039 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1039
§5–1039.
Status: in_force

(a) If the court finds that the alleged father is not the father, the court may:

(1) retain jurisdiction; and

(2) on its own motion or otherwise, take any further proceeding that the court considers just and proper and in the best interests of the child.

(b) Under this section, the court may:

(1) enter an appropriate order against the mother for the support of the child;

(2) allow the impleader or joinder of any other alleged father; or

(3) consider any other matter that may be in the best interests of the child.
Md. Code, Courts and Judicial Proceedings § 5-643 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-643
§5–643.
Status: in_force

Except in cases of willful or wanton misconduct, a certifying entity or certifying official who acts or fails to act in good faith in compliance with § 11–931 of the Criminal Procedure Article shall be immune from civil or criminal liability that might otherwise occur as a result of the act or failure to act.
Md. Code, Family Law § 5-1207 — MD Code / Article gfl / Title 5 / Subtitle 12 / Section 5-1207
§5–1207.
Status: in_force

(a) The Secretary of Human Services and the Secretary of Health shall, in developing the protocol required under § 5–1202 of this subtitle, consider the recommendations developed by the statewide Task Force to Study Increasing the Availability of Substance Abuse Programs established under Article 41, § 18–316 of the Code, as enacted by Chapter 778 of the Acts of the General Assembly of 1998, as amended by Chapter 390 of the Acts of the General Assembly of 1999.

(b) (1) On or before June 30, 2001, the Secretary of Human Services and the Secretary of Health shall enter into a memorandum of understanding setting forth the responsibilities of each department to implement the provisions of this subtitle.

(2) Subject to § 2–1257 of the State Government Article, the Secretary of Human Services and the Secretary of Health shall submit a copy of the memorandum of understanding entered into under paragraph (1) of this subsection to the Senate Budget and Taxation Committee, the Senate Economic and Environmental Affairs Committee, the House Appropriations Committee, and the House Environmental Matters Committee.
Md. Code, State Finance and Procurement § 5-302 — MD Code / Article gsf / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

The Department shall function in part as an advisory, consultative, and coordinating agency.
Md. Code, Agriculture § 5-110 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-110
§5–110.
Status: in_force

(a) The following persons are not subject to any penalty for a violation of § 5–106 or § 5–109 of this subtitle:

(1) Any carrier while lawfully engaged in transporting a pesticide within the State, if the carrier, upon request, permits the Secretary to copy any record showing the transactions in and movement of any pesticide;

(2) Any public official of the State or the federal government engaged in the performance of his official duty; or

(3) A manufacturer or shipper of a pesticide for experimental use only (i) by or under the supervision of an agency of the State or of the federal government authorized by law to conduct pesticide research, or (ii) by any other person if the pesticide is not sold and if its container shows the manufacturer’s name and address and it is plainly and conspicuously marked “for experimental use only – not to be sold”. However, if a written permit is obtained from the Secretary, the pesticide may be sold for experimental purposes subject to any restriction set forth in the permit.

(b) A pesticide is not in violation of this subtitle, if it is intended solely for export to a foreign country, and if it is prepared or packed according to the specifications or directions of the purchaser. If the pesticide is not exported, all the provisions of this subtitle apply.
Md. Code, Education § 5-115 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-115
§5–115.
Status: in_force

(a) (1) In this section, “payee” means any party who receives an aggregate payment of $25,000 in a fiscal year from a school board.

(2) “Payee” does not include:

(i) A public school employee with respect to the employee’s compensation;

(ii) A public school retiree with respect to the retiree’s retirement allowance; or

(iii) In Baltimore County, a third–party payee that accepts employee payroll–related payments, including:

1. Recurring payments for payroll taxes;

2. Employee payroll deductions; and

3. Investment–related activities relating to fund balances.

(b) (1) Beginning January 1, 2020, each county board shall annually report the following information for the immediately preceding fiscal year to the Department of Budget and Management:

(i) The name of a payee receiving a payment;

(ii) The location of a payee by postal zip code;

(iii) The amount of a payment;

(iv) For the Baltimore County Board of Education:

1. The purpose for the payment; and

2. Whether the payee is a minority business enterprise; and

(v) For the Prince George’s County Board of Education, the budget data prepared under § 5–101 of this subtitle.

(2) Each county board shall provide the information specified in paragraph (1)(i) of this subsection to the Department of Budget and Management for the following previous fiscal years:

(i) For the Montgomery County Board of Education, fiscal years 2010 through 2018;

(ii) For the Howard County Board of Education, fiscal years 2011 through 2018;

(iii) For the Baltimore County Board of Education, fiscal years 2012 through 2018;

(iv) For the Prince George’s County Board of Education, fiscal years 2012 through 2018;

(v) For the Anne Arundel County Board of Education, fiscal years 2017 and 2018; and

(vi) For all other county boards, fiscal year 2018.

(3) The Department of Budget and Management shall post the information reported under paragraphs (1) and (2) of this subsection on its Funding Accountability & Transparency website.

(c) This section may not be construed to require the disclosure of information that is confidential under federal, State, or local law.
Md. Code, Transportation § 5-201 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) There is a Maryland Aviation Commission.

(b) The Commission shall:

(1) Establish policies directed toward the Maryland Aviation Administration’s ability to improve and promote the role of the Baltimore–Washington International Thurgood Marshall Airport as an airport of service to the Washington–Baltimore metropolitan area;

(2) Approve regulations for the operation of the State–owned airports prior to their adoption by the Executive Director;

(3) Direct the Administration in developing and implementing airport management policy for all State–owned airports;

(4) Approve major capital projects, as defined in § 2–103.1(a)(4) of this article, at any State–owned airport prior to the submission of those projects to the Governor and General Assembly for approval;

(5) Exercise those powers granted to the Commission by this title or by any other provision of law; and

(6) In carrying out the provisions of this subtitle:

(i) Consider information and advice from:

1. The air carrier industry;

2. The airport concessionaire industry;

3. The airline support services industry;

4. Citizen advisory groups;

5. Airport employees or their representatives;

6. Local government;

7. Citizens from communities near airports; and

8. Other Maryland communities that have, or are predicted to have, potentially adverse health or community impacts from airport infrastructure and economic growth decisions; and

(ii) Consider the aviation, economic, business, environmental, health, and community–related impacts or any other impacts the Commission finds relevant to the decisions of the Commission or the Administration.

(c) (1) The Commission shall consist of 13 voting members:

(i) 12 appointed by the Governor with the advice and consent of the Senate:

1. Two of whom shall be recommended by the Anne Arundel County Senate Delegation; and

2. Two of whom shall be recommended by the Howard County Senate Delegation; and

(ii) The Secretary of Transportation, who shall be the Chairman of the Commission.

(2) The Secretary of Commerce shall serve as a nonvoting ex officio Commission member.

(d) (1) Subject to the provisions of paragraph (3) of this subsection, the Governor may not appoint to the Commission:

(i) An officer or employee of the State, except as provided in subsection (c) of this section;

(ii) A representative of any entity whose principal activities are related to the operation of State–owned airports;

(iii) A person employed by any entity whose principal activities are related to the operation of State–owned airports; or

(iv) A member of the General Assembly.

(2) In appointing the 12 members of the Commission, the Governor shall take into consideration:

(i) Both the geographic and ethnic representation of the State such that all segments of the population of the State to the extent possible are represented on the Commission; and

(ii) The experience of an appointee in the aviation and airport industries such that some Commission members have directly relevant experience.

(3) Notwithstanding paragraph (1) of this subsection, a member of any State board, commission, or authority may be appointed a member of the Maryland Aviation Commission. Any person so appointed who is compensated by the State is not entitled to any compensation or other emolument, except expenses incurred in connection with attendance at hearings, meetings, field trips, and working sessions, for any services rendered as a Commissioner.

(e) (1) Each appointed member serves for a term of 3 years and until a successor is appointed and qualifies.

(2) The terms of the members are staggered as required by the terms provided for members of the Commission on October 1, 1994.

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

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(f) (1) The Commission shall meet at a time and place designated by the Chairman of the Commission.

(2) The Commission shall meet as often as its duties require, but not less than quarterly.

(3) (i) Attendance by five members shall constitute a quorum.

(ii) No formal action may be taken by the Commission except by an affirmative vote of a majority of the entire Commission.

(g) Except as provided under subsection (d)(3) of this section, members of the Commission appointed by the Governor are entitled to the compensation and expenses provided for in the State budget. Members of the Commission are subject to the provisions of § 8–501 of the State Government Article.

(h) (1) Each member of the Commission shall receive an orientation session to educate the member on the Commission’s responsibilities under subsection (b) of this section.

(2) (i) Members appointed to the Commission before October 1, 2023, shall receive the orientation as a group within a reasonable time on or after October 1, 2023.

(ii) Members appointed to the Commission on or after October 1, 2023, shall receive the orientation on an individual basis within a reasonable time following appointment.
Md. Code, Economic Development § 5-556 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-556
§5–556.
Status: in_force

(a) The Authority may provide equity participation financing under the Program only after the enterprise submits an application that contains a business plan that meets the requirements of subsection (b) of this section.

(b) The business plan of an enterprise shall include:

(1) a description of the small business or existing business and its management, product, and market;

(2) a statement of the amount, immediacy of need, and projected use of the capital required;

(3) a statement of the potential economic impact of the purchase;

(4) information that relates to the satisfaction of the applicant’s requirements of § 5–557(d) and (e) of this subtitle; and

(5) any other information the Authority requires.
Md. Code, Health - General § 5-615 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-615
§5–615.
Status: in_force

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

(2) “Advance care planning document” has the meaning stated in § 19–145 of this article.

(3) “Electronic advance care planning document” has the meaning stated in § 19–145 of this article.

(4) “Electronic platform” means the platform developed in accordance with § 19–145(b)(2)(i) of this article to make electronic advance care planning documents accessible.

(5) “Health care facility” has the meaning stated in § 19–114 of this article.

(b) (1) Each health care facility shall provide each individual on admittance to the facility information concerning the rights of the individual to make decisions concerning health care, including the right to accept or refuse treatment, and the right to make an advance directive, including a living will.

(2) Except as provided in paragraph (4) of this subsection, on admittance of an individual to a health care facility, the health care facility shall:

(i) Use the electronic platform to identify if the individual has uploaded or saved any electronic advance care planning documents;

(ii) If the individual has uploaded or saved any electronic advance care planning documents, attempt to verify the contents and update the documents as necessary; and

(iii) If the individual has not uploaded or saved any electronic advance care planning documents:

1. Offer the individual the opportunity to scan any paper advance care planning documents the individual brought to the health care facility and upload or save them to the electronic platform; or

2. Provide the individual with an information sheet developed in accordance with this section.

(3) If a health care facility maintains a website, after the tab on the State–designated health information exchange website required under § 19–145(b)(2)(iv) of this article is developed, the health care facility shall provide a link to the webpage that is accessed through the tab.

(4) Paragraph (2) of this subsection does not apply to:

(i) A community provider as defined in § 7–307 of this article;

(ii) A home health agency as defined in § 19–401 of this article;

(iii) An assisted living facility as defined in § 19–1801 of this article; and

(iv) A hospice as defined in § 19–901 of this article.

(c) (1) The Department, in consultation with the Office of the Attorney General, shall develop an information sheet that provides information relating to advance directives, which shall include:

(i) Written statements informing an individual that an advance directive:

1. Can be updated or revoked by the individual at any time;

2. Is a useful, legal, and well established way for an individual to communicate the preferences of the individual for medical care, including the designation of a health care agent;

3. Allows an individual to specify the medical care that the individual may receive and can alleviate conflict among family members and health care providers;

4. Can help ensure that an individual’s religious beliefs are considered if medical care is provided;

5. Can be more effective if discussed with family members, or legal and religious advisors, if an individual desires;

6. Is available in many forms, including model forms developed by religious organizations, estate planners, and lawyers;

7. Does not have to be on any specific form and can be personalized;

8. If completed, should be copied for an individual’s family members, physicians, and legal advisors and, at the discretion of the individual, be uploaded or saved to the electronic platform; and

9. Is most effective if it is uploaded or saved to the electronic platform; and

(ii) The following written statements:

1. That an individual is not required to complete an advance directive;

2. That an individual should discuss the appointment of a health care agent with the potential appointee;

3. That advance directives are for individuals of all ages; and

4. That in the absence of an appointed health care agent, the next of kin make an individual’s health care decisions when the individual is incapable of making or communicating those decisions.

(2) The information sheet developed by the Department under this subsection shall be provided by:

(i) The Department, in accordance with § 15–109.1 of this article;

(ii) The Motor Vehicle Administration, in accordance with § 12–303.1 of the Transportation Article;

(iii) A carrier, in accordance with § 15–122.1 of the Insurance Article;

(iv) The Maryland Health Benefit Exchange, in accordance with § 31–108(g) of the Insurance Article;

(v) A licensed physician to a patient at an appropriate time during a scheduled appointment;

(vi) A managed care organization in accordance with § 15–103 of this article;

(vii) A health care facility in accordance with subsection (b) of this section;

(viii) A nursing facility in accordance with § 19–301 of this article;

(ix) An assisted living facility in accordance with § 19–1801 of this article; and

(x) The State–designated health information exchange in accordance with § 19–145(b)(2)(iv) of this article.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, the information sheet developed by the Department under this subsection may not contain or promote a specific advance directive form or an electronic advance directive technology or service.

(ii) The information sheet shall include links to:

1. Websites for electronic advance directives services that the Maryland Health Care Commission has recognized under § 19–144 of this article; and

2. After the tab on the State–designated health information exchange website required under § 19–145(b)(2)(iv) of this article is developed, the webpage that is accessed through the tab.

(4) The information sheet developed by the Department under this subsection at a minimum shall:

(i) Educate the public on the use of electronic advance directives;

(ii) Encourage the use of electronic advance directives;

(iii) Provide information about developing an electronic advance directive;

(iv) Describe how electronic advance directives are made available at the point of care;

(v) Indicate that the use of an electronic advance directive is not required;

(vi) Indicate that individuals do not have to pay to have their electronic advance directives honored; and

(vii) Emphasize the importance of uploading or saving an electronic advance directive to the electronic platform.
Md. Code, Family Law § 5-553 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-553
§5–553.
Status: in_force

The employee, employer, and individual identified in § 5–551(b), (c), (d), or (e) of this subtitle shall complete and sign a sworn statement or affirmation disclosing the existence of a criminal conviction, probation before judgment disposition, not criminally responsible disposition, or pending criminal charges without a final disposition.
Md. Code, Election Law § 5-303 — MD Code / Article gel / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

(a) Except as provided in subsections (b), (c), and (d) of this section:

(1) in the year in which the Governor is elected, a certificate of candidacy shall be filed not later than 9 p.m. on the last Tuesday in February in the year in which the primary election will be held; and

(2) for any other regularly scheduled election, a certificate of candidacy shall be filed not later than 9 p.m. on the 95th day before the day on which the primary election will be held.

(b) Except as provided in subsection (d) of this section, a certificate of candidacy for an office to be filled by a special election under this article shall be received and filed in the office of the appropriate board not later than 5 p.m. on the first Monday that is 3 weeks or 21 days after the issuance of the proclamation by the Governor for the special primary election.

(c) Except as provided in subsection (d) of this section, the certificate of candidacy for the election of a write–in candidate shall be filed by the earlier of:

(1) 7 days after a total expenditure of at least $51 is made to promote the candidacy by a campaign finance entity of the candidate; or

(2) 5 p.m. on the 7th day preceding the start of early voting for which the certificate is filed.

(d) The certificate of candidacy for a special election of a write–in candidate shall be filed by the earlier of:

(1) 7 days after a total expenditure of at least $51 is made to promote the candidacy by any authorized candidate campaign committee of the candidate; or

(2) 5 p.m. on the 7th day preceding the start of voting at a precinct polling place or, if the election is being conducted by mail, the voting center established under § 9–503 of this article for which the certificate is filed.
Md. Code, Family Law § 5-552 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-552
§5–552.
Status: in_force

(a) On or before the 1st day of actual employment of an employee, a facility identified in § 5–551 of this subtitle shall apply to the Department for a national and State criminal history records check for an employee.

(b) On or before the 1st day of actual operation of a facility identified in § 5–551 of this subtitle, an employer shall apply to the Department for a national and State criminal history records check.

(c) Before an individual may be approved to provide or to continue providing informal child care, as defined in child care subsidy regulations adopted under Title 13A of the Code of Maryland Regulations, the individual shall apply to the Department for a national and State criminal history records check.

(d) Within 5 days after a local department places a child who is committed to the local department with an adult relative, an individual identified in § 5–551(b) or (d) of this subtitle shall apply to the Department for a national and State criminal history records check.
Md. Code, Economic Development § 5-451 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-451
§5–451.
Status: in_force

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

(b) “Applicant” means the eligible business applying for fixed asset financing assisted by a linked deposit.

(c) “Eligible business” means a for–profit business that:

(1) is located in a qualified distressed county;

(2) is in good standing with each State regulatory authority with jurisdiction over the business of the applicant, including the State Workers’ Compensation Commission, the Department of Assessments and Taxation, and the Maryland Department of Labor; and

(3) employs 500 or fewer employees.

(d) (1) “Fixed asset financing” means a commercial loan to finance:

(i) the acquisition or improvement of all or part of a building;

(ii) the acquisition or improvement of the land for the building if not already owned by the applicant; or

(iii) the acquisition or improvement of equipment.

(2) “Fixed asset financing” does not include refinancing an existing debt.

(e) “Lender” means a financial institution that:

(1) is eligible to make commercial loans;

(2) is a public depository of State funds;

(3) agrees to receive linked deposits under this part; and

(4) is insured by the Federal Deposit Insurance Corporation.

(f) “Linked deposit” means a deposit that the Authority places with a lender that earns interest below the prevailing market rate for equivalent deposits made with the lender at the time of the deposit.

(g) “Program” means the Linked Deposit Program established under § 5–452 of this subtitle.
Md. Code, Election Law § 5-402 — MD Code / Article gel / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

(a) Upon request, a candidate who pays a filing fee is entitled to a return of the filing fee upon the filing of the certificate of withdrawal on the form prescribed by the State Board if the candidate enters into active duty with the armed services of the United States during the period between the last date allowed for the withdrawal of candidacy and the printing of the ballots.

(b) Subject to the approval of the State Board, the filing fee paid by a candidate may be returned to the candidate for good cause.
Md. Code, State Finance and Procurement § 5A-359 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-359
§5A–359.
Status: in_force

(a) A person may not knowingly make or cause to be made a material misstatement of fact in a statement or report in or regarding an application for a grant or affecting a grant already made.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.
Md. Code, Local Government § 5-217 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-217
§5–217.
Status: in_force

A municipality may require the owners of property to keep the sidewalks on the property clean and free from snow, ice, or other obstructions.
Md. Code, Family Law § 5-3A-04 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-04
§5–3A–04.
Status: in_force

This subtitle is related to and should be read in relation to Subtitle 5 of this title.
Md. Code, Business Occupations and Professions § 5-404 — MD Code / Article gbo / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) While registration as an apprentice is in effect, the registration authorizes the individual to learn to practice cosmetology or any limited practice of cosmetology:

(1) in a:

(i) beauty salon that holds a beauty salon permit; or

(ii) barbershop that holds a barbershop permit; and

(2) under the supervision of:

(i) if learning to practice cosmetology, a licensed senior cosmetologist;

(ii) if learning to provide esthetic services, a licensed senior cosmetologist or a licensed esthetician with 2 years’ experience;

(iii) if learning to provide eyelash extension services:

1. beginning January 1, 2027, a licensed senior cosmetologist who has completed continuing education requirements in providing eyelash extension services; or

2. a licensed eyelash extension technician with 2 years’ experience;

(iv) if learning to provide hair services, a licensed senior cosmetologist or a licensed hairstylist with 2 years’ experience; and

(v) if learning to provide nail technician services, a licensed senior cosmetologist or a licensed nail technician with 2 years’ experience.

(b) A licensed senior cosmetologist may directly train and supervise not more than two apprentices learning to practice cosmetology or any limited practice of cosmetology specified in subsection (a)(2) of this section.

(c) An individual with one of the limited licenses specified in subsection (a)(2) of this section who has at least 2 years of experience in that limited practice of cosmetology may directly train and supervise not more than two apprentices learning the same limited practice of cosmetology.
Md. Code, Financial Institutions § 5-602.1 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-602.1
§5–602.
Status: in_force

§5–602.1.

(a) In this section, “insolvent” means:

(1) Incapable of meeting the demands of creditors; or

(2) Having liabilities that exceed assets.

(b) Notwithstanding the notice and timing requirements in § 5–602 of this subtitle, if the Commissioner determines that a nondepository trust company is insolvent, the Commissioner may take immediate possession of the nondepository trust company, including its property, records, and business, by:

(1) Posting on the front door of each banking office of the nondepository trust company a notice that states: “This institution is in the hands of the Maryland Commissioner of Financial Regulation”; and

(2) Immediately delivering written notice to the board of directors of the nondepository trust company that the Commissioner has taken possession of the nondepository trust company.
Md. Code, Public Utilities § 5-502 — MD Code / Article gpu / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

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

(2) “Abuse” has the meaning stated in § 4–501(b) of the Family Law Article.

(3) “Account holder” means an individual in whose name a utility account is maintained individually or jointly with other individuals.

(4) “Offender” means an individual who commits an act of abuse.

(5) “Qualified third party” means:

(i) a licensed physician or psychologist authorized to practice under the Health Occupations Article;

(ii) a social worker or caseworker of any public or private health or social services agency or provider; or

(iii) an advocate from a domestic violence or sexual assault prevention or assistance program.

(6) “Report by a qualified third party” means a report based on information received by a qualified third party while acting in a professional capacity that:

(i) indicates that the account holder is seeking assistance as a result of being a victim of abuse; and

(ii) includes the following information:

1. the name of the account holder;

2. the date, time, location, and a brief description of the incident;

3. the name and physical description of the alleged offender, if known;

4. the name and address of the employer of the qualified third party;

5. if the qualified third party is required to be licensed, the licensing entity and license number of the qualified third party;

6. the signature of the qualified third party, under seal of a notary public; and

7. the acknowledgment and signature of the account holder under penalty of perjury.

(7) “Utility” means an electric company, an electricity supplier, a gas company, a gas supplier, a sewage disposal company, a water company, or any combination of these companies.

(b) (1) Subject to subsections (c) and (d) of this section, if an account holder is a victim of abuse, the account holder may terminate, and the utility shall allow for the termination of, the account holder’s future liability under a utility contract if the account holder provides the utility with written notice by first–class mail or hand delivery of the account holder’s request for termination of the account holder’s future liability under the contract.

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

(i) a copy of an enforceable final protective order issued for the benefit of the account holder under § 4–506 of the Family Law Article;

(ii) a copy of an enforceable final peace order, for which the underlying act was an act of abuse, issued for the benefit of the account holder under § 3–1505 of the Courts Article; or

(iii) a copy of a report by a qualified third party if:

1. the name and physical description of the alleged offender are redacted; and

2. the report was signed by the qualified third party within the 60 days immediately preceding the date the notice is provided under paragraph (1) of this subsection.

(c) An account holder who terminates a utility contract under subsection (b) of this section is responsible for utility charges only up to and including the billing cycle during which the written notice required under subsection (b) of this section is submitted.

(d) If an account holder terminates a utility contract under subsection (b) of this section, the utility shall allow the account holder to open a new utility account for a new premises notwithstanding an account balance or arrearage at the premises described in the written notice under subsection (b) of this section.
Md. Code, Economic Development § 5-1408 — MD Code / Article gec / Title 5 / Subtitle 14 / Section 5-1408
§5–1408.
Status: in_force

(a) There is a Regional Institution Strategic Enterprise Fund in the Department.

(b) The Secretary shall manage and supervise the Fund.

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

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

(d) The Fund consists of:

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

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

(e) The Department may use the Fund to:

(1) finance, in coordination with qualified institutions, counties, and municipal corporations, the provision of rental assistance to business entities located in RISE zones; and

(2) pay the related administrative, legal, and actuarial expenses of the Department.

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

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

(g) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Courts and Judicial Proceedings § 5-517 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-517
§5–517.
Status: in_force

(a) A member or employee of a board of supervisors for a soil conservation district is immune from suit in courts of the State and from liability in tort for a tortious act or omission:

(1) That is within the scope of the public duties of the member or employee;

(2) That is made without malice or gross negligence; and

(3) For which the soil conservation district has consented to suit under subsection (b) of this section, even if damages exceed the limits of that consent.

(b) (1) The exclusive remedy for a tortious act or omission, for which a member or employee of a board of supervisors for a soil conservation district is immune from suit or liability under subsection (a) of this section, is a suit brought against the appropriate soil conservation district.

(2) The soil conservation district may not assert the defense of governmental immunity in any suit brought under this section.

(c) The State Insurance Program administered under Title 12 of the State Government Article for purposes of providing coverage under the Maryland Tort Claims Act shall:

(1) Govern the limits of liability in any suit brought under this section; and

(2) Provide funds for the payment of any settlement or judgment entered against the soil conservation district in a suit brought under this section.
Md. Code, Land Use § 5-101 — MD Code / Article glu / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

(a) Except as provided in subsection (b) of this section, the territorial jurisdiction of a planning commission over a subdivision is limited to land located in the local jurisdiction.

(b) In a local jurisdiction where a county has not adopted subdivision regulations, the territorial jurisdiction of a planning commission of a municipal corporation may include all land located up to 1 mile beyond the corporate limits of the municipal corporation that is not located in any other municipal corporation.
Md. Code, Insurance § 5-901 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-901
§5–901.
Status: in_force

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

(b) “Ceding insurer” means an insurer that procures insurance for itself from another insurer for all or part of an insurance risk.

(c) “Covered agreement” means an agreement entered into under the federal Dodd–Frank Wall Street Reform and Consumer Protection Act, 31 U.S.C. §§ 313 and 314, that:

(1) is currently in effect or in a period of provisional application; and

(2) addresses the elimination, under specified conditions, of collateral requirements as a condition for:

(i) entering into a reinsurance agreement with a ceding insurer domiciled in the State; or

(ii) allowing the ceding insurer to recognize credit for reinsurance.

(d) “Primary certifying state” means a state other than Maryland:

(1) in which the insurance regulatory agency or its equivalent has designated and assigned a rating to an assuming insurer as a certified reinsurer; and

(2) the designation or rating from which the Commissioner has used to designate or assign a rating to the assuming insurer in this State under § 5–910(b) of this subtitle.

(e) “Qualified jurisdiction” means a jurisdiction that the Commissioner determines meets the requirements of § 5–909 of this subtitle.

(f) “Qualified United States financial institution” means:

(1) for purposes of issuance or confirmation of a letter of credit under § 5–914(c)(3) of this subtitle, an institution that:

(i) is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state;

(ii) is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies; and

(iii) has been determined by either the Commissioner or the securities valuation office of the National Association of Insurance Commissioners to meet the standards of financial condition and standing that are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner; or

(2) for purposes of eligibility to act as a fiduciary of a trust under this subtitle, an institution that:

(i) is organized or, in the case of a United States branch or agency office of a foreign banking organization, licensed under the laws of the United States or any state and has been granted authority to operate with fiduciary powers; and

(ii) is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies.

(g) “Reciprocal jurisdiction” means a jurisdiction that is:

(1) a jurisdiction outside the United States that:

(i) is subject to an in–force covered agreement with the United States, each within its legal authority; or

(ii) in the case of a covered agreement between the United States and the European Union, is a member state of the European Union;

(2) a jurisdiction in the United States that meets the requirements for accreditation under the NAIC financial standards and accreditation program; or

(3) a qualified jurisdiction, as determined by the Commissioner under § 5–909 of this article, that:

(i) is not otherwise described in item (1) or (2) of this subsection; and

(ii) meets additional requirements, consistent with the terms and conditions of the in–force covered agreement, as the Commissioner specifies by regulation.

(h) “Reinsurer” means an insurer from which a ceding insurer procures insurance for itself for all or part of an insurance risk.

(i) “Trusteed surplus” means funds held in a trust account in excess of the reinsurer’s liabilities attributable to reinsurance ceded to the reinsurer by United States ceding insurers in accordance with this subtitle.
Md. Code, Agriculture § 5-406 — MD Code / Article gag / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

(a) If the Secretary, in cooperation with the local health authority, finds that a person is causing or allowing mosquitoes to breed or develop on any property in a manner that may pose a threat to public health, the Secretary may order that the person abate the mosquito habitat in a manner and at a time specified in the order.

(b) After all reasonable attempts of abatement have failed, an order issued in accordance with subsection (a) of this section shall be served:

(1) On the person who is causing or allowing mosquitoes to breed or develop; or

(2) If the person who is causing or allowing the mosquitoes to breed or develop cannot be found, on the owner or occupant of the property where the mosquitoes exist.
Md. Code, Economic Development § 5-902 — MD Code / Article gec / Title 5 / Subtitle 9 / Section 5-902
§5–902.
Status: in_force

There is a Dredged Material Disposal Alternatives Program in the Department.
Md. Code, Criminal Law § 5-804 — MD Code / Article gcr / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

(a) In this section, “administrative probable cause” means a valid public interest in the effective enforcement of this title or regulations sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the administrative inspection warrant.

(b) On showing of administrative probable cause, a judge of the State may issue an administrative inspection warrant to conduct:

(1) administrative inspections authorized by this title; and

(2) seizures of property appropriate to the inspections.

(c) (1) An administrative inspection warrant shall issue only on an affidavit:

(i) of a designated officer or employee with knowledge of the facts alleged;

(ii) that is sworn to before the judge; and

(iii) that establishes the grounds for issuing the warrant.

(2) If the judge is satisfied that grounds for the application exist or that there is administrative probable cause to believe they exist, the judge shall issue an administrative inspection warrant that identifies:

(i) the area, premises, building, or conveyance to be inspected;

(ii) the purpose of the inspection; and

(iii) where appropriate, the type of property to be inspected.

(3) The warrant shall be directed to a person authorized to execute it.

(4) The warrant shall:

(i) identify the item or type of property to be seized;

(ii) state the grounds for its issuance and the name of the affiant;

(iii) require the person to whom the warrant is directed to inspect the area, premises, building, or conveyance identified for the specified purpose;

(iv) require, where appropriate, the seizure of the specified property;

(v) require that the warrant be served during normal business hours; and

(vi) designate the judge to whom the warrant is to be returned.

(d) (1) An administrative inspection warrant issued in accordance with this section shall be executed and returned within 10 days after its date.

(2) If property is seized in accordance with an administrative inspection warrant, the person who executes the warrant:

(i) shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken; or

(ii) shall leave the copy and receipt at the place from which the property was taken.

(3) The warrant shall be returned promptly and be accompanied by a written inventory of any property taken.

(4) The inventory shall be made in the presence of the person executing the warrant and:

(i) the person from whose possession or premises the property was taken; or

(ii) if that person is not present, at least one other credible person.

(5) On request, the judge shall deliver a copy of the inventory to:

(i) the person from whom or from whose premises the property was taken; and

(ii) the applicant for the warrant.

(6) A judge who issues an administrative inspection warrant under this section shall:

(i) attach to the warrant a copy of the return and all papers filed in connection with the return; and

(ii) file them with the clerk of the court from which the warrant was issued.
Md. Code, Family Law § 5-505 — MD Code / Article gfl / 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) “Beaded chain” means a series of small spheres, equally spaced on a cord or connected by metal shafts used to raise and lower a window covering.

(3) “Cord loop” means a curving or doubling of a beaded chain or cord to form a closed loop.

(4) “Cordless window covering” means:

(i) a horizontal blind or cellular shade that has no draw cord and the internal lift cord runs in the slats of the horizontal blind so that the cord is incapable of forming a loop greater than 7.25 inches;

(ii) a Roman shade, roll–up blind, or woven shade that has no draw cord and the lift cord is completely enclosed so that it is not accessible;

(iii) a vertical blind that has a wand as its operating mechanism and does not contain any beaded chains, corded pulleys, or other cord loop operating mechanisms; and

(iv) a roller shade that does not contain a cord or beaded chain.

(5) “Draw cord” means any form of rope, strap, or string used to raise or lower a window covering.

(6) “Internal lift cord” means a cord that is contained inside the body and rails of the blind or shade.

(7) “Wand” means a rod used to:

(i) rotate a vertical blind; or

(ii) tilt a horizontal blind.

(b) This section applies only to foster homes, family child care homes, large family child care homes, and child care centers in the State.

(c) (1) All new and replacement window coverings installed on or after October 1, 2010, shall be cordless window coverings.

(2) All window coverings in place before October 1, 2010, shall meet minimum safety standards established in regulations jointly adopted by the Department and the State Department of Education that include standards for:

(i) Roman shades, roll–up shades, woven shades, and all window coverings with exposed and unsecured cords;

(ii) horizontal blinds, cellular shades, and all window coverings that have draw cords for their operation; and

(iii) vertical blinds and other window covering products with loops utilized in their operation.

(3) If a person fails to comply with the requirements of subsection (c)(2) of this section, the appropriate agency may require replacement of existing window coverings with cordless window coverings.
Md. Code, Corporations and Associations § 5-6B-17 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-17
§5–6B–17.
Status: in_force

(a) Except as provided in subsection (b) of this section, a security interest in a cooperative interest shall attach, be perfected, and be enforceable as provided in Title 9 of the Commercial Law Article.

(b) The security interest may be perfected by the secured party’s taking possession of the membership certificate or by filing a financing statement as provided in Title 9 of the Commercial Law Article.

(c) On request of a secured party, the cooperative housing corporation shall note on its books and records the interest of the secured party in the cooperative interest.
Md. Code, Environment § 5-909 — MD Code / Article gen / Title 5 / Subtitle 9 / Section 5-909
§5–909.
Status: in_force

(a) An applicant shall take all necessary steps to first avoid significant impairment and then minimize losses of nontidal wetlands. If the applicant demonstrates to the Department’s satisfaction that all necessary steps were taken and losses or significant impairment of nontidal wetlands are unavoidable, the Department shall require the applicant to adopt mitigation practices.

(b) (1) By December 31, 1989 the Department, consistent with the goals established in § 5–902 of this subtitle, shall adopt by regulation standards and procedures for the mitigation of nontidal wetlands losses, including practices for nontidal wetland creation, restoration, enhancement, or monetary compensation.

(2) The Department may accept monetary compensation only if it is determined that creation, restoration, or enhancement of nontidal wetlands are not feasible alternatives. Monetary compensation may not be a substitute for the requirement to avoid and minimize nontidal wetland losses.

(c) (1) There is a Nontidal Wetland Compensation Fund in the Department.

(2) The following money shall be deposited in the Fund:

(i) Any monetary compensation paid by an applicant instead of engaging in the creation, restoration, or enhancement of a nontidal wetland; and

(ii) Any civil or criminal penalty imposed by a court in accordance with § 5–911 of this subtitle.

(3) Funds in the Nontidal Wetland Compensation Fund may be used only for the creation, restoration, or enhancement of nontidal wetlands, including:

(i) Acquisition of land;

(ii) Acquisition of easements;

(iii) Maintenance of mitigation sites;

(iv) Purchase of credits in mitigation banks; and

(v) Contractual services necessary to accomplish the intent of this paragraph.

(4) Funds credited and any interest accrued to the Fund:

(i) Shall remain available until expended; and

(ii) May not be reverted to the General Fund under any other provision of law.

(5) At the end of the fiscal year, the Department shall prepare an annual report on the Nontidal Wetland Compensation Fund that includes an accounting of all financial receipts and expenditures to and from the Fund and shall provide a copy of the report to the General Assembly, as provided under § 2–1257 of the State Government Article.
Md. Code, Corporations and Associations § 5-5A-20 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-20
§5–5A–20.
Status: in_force

(a) Only members shall be entitled to vote in a cooperative.

(b) Except as to federated cooperatives, the bylaws of a cooperative shall provide for voting on a 1 vote per member basis.

(c) In a federated cooperative, the voting rights of members may be prescribed in the articles of incorporation or bylaws. Voting may not be based solely on the amount of investment by a member or on membership capital attributable to a member.

(d) Voting by mail may be permitted as provided in the articles of incorporation or bylaws of a cooperative.

(e) (1) Subject to the provisions of this subtitle, the bylaws of a cooperative may provide for the nomination and election of delegates to represent the membership.

(2) Where election of delegates has been provided for in the bylaws, unless otherwise stated in the bylaws, a reference in the bylaws to members will be considered to be a reference to delegates.
Md. Code, Public Safety § 5-201 — MD Code / Article gps / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

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

(b) “Dealer’s license” means a federal firearms license.

(c) “Immediate family member” means a spouse, a parent, a stepparent, a grandparent, a stepgrandparent, an aunt, an uncle, a sibling, a stepsibling, a child, a stepchild, a grandchild, a stepgrandchild, a niece, or a nephew, as related by blood or marriage.

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

(e) “NICS Index” has the meaning stated in § 5–133.2 of this title.

(f) “Rifle” has the meaning stated in § 4–201 of the Criminal Law Article.

(g) “Short–barreled rifle” has the meaning stated in § 4–201 of the Criminal Law Article.

(h) “Short–barreled shotgun” has the meaning stated in § 4–201 of the Criminal Law Article.

(i) “Shotgun” has the meaning stated in § 4–201 of the Criminal Law Article.
Md. Code, Economic Development § 5-2501 — MD Code / Article gec / Title 5 / Subtitle 25 / Section 5-2501
§5–2501.
Status: in_force

§5–2501. IN EFFECT

// EFFECTIVE UNTIL SEPTEMBER 30, 2026 PER CHAPTER 409 OF 2024 //

In this subtitle, “Commission” means the Maryland–Ireland Trade Commission.
Md. Code, Estates and Trusts § 5-204 — MD Code / Article get / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

The petition shall contain, as appropriate, a request for one or more of the following acts:

(1) The probate or recording of a will exhibited with the petition or deposited with the register pursuant to Title 4, Subtitle 2 of this article;

(2) An order directing witnesses to an alleged will to appear and give testimony regarding its execution;

(3) An order requiring a person alleged to have custody of a will to deliver it to the court;

(4) An order directing all interested persons to show cause why the provisions of a lost or destroyed will should not be admitted to probate as expressed in the petition;

(5) A finding that the decedent died intestate; and

(6) Other relief that the petitioner may consider appropriate.
Md. Code, Corporations and Associations § 5-306 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: reserved

(a) The trustees have the power to:

(1) Have perpetual existence under the name of the religious corporation;

(2) Purchase, take, or acquire by gift, bequest, or in any other manner and hold any interest in any assets in the State;

(3) Use, lease, mortgage, sell, or convey the assets in the manner that the trustees consider most conducive to the interest of the religious corporation;

(4) Generally manage any assets of the religious corporation; and

(5) Adopt rules and ordinances for conducting their affairs as necessary and convenient to accomplish the purpose of the religious corporation, including:

(i) Appointing the time and place of a meeting of its members; and

(ii) Determining the number of members necessary to constitute a quorum.

(b) The provisions of this section do not authorize any sale, mortgage, or other disposition of any asset of the religious corporation which is held under an instrument prohibiting that sale, mortgage, or other disposition.

(c) By resolution, the trustees may authorize one or more of their members to:

(1) Execute any instrument required to be executed by the trustees, including any deed, mortgage, or other conveyance of assets which are to be sold, transferred, or encumbered; and

(2) Attest and affix to the instrument the corporate seal, if any.
Md. Code, General Provisions § 5-866 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-866
§5–866.
Status: in_force

(a) In this part, “campaign finance entity” has the meaning stated in § 1–101 of the Election Law Article.

(b) A member, a person acting on behalf of the member, a campaign finance entity of the member, or any other campaign finance entity operated in coordination with the member may not solicit, receive, deposit, or use a contribution while the member is serving on the board or commission.

(c) A campaign finance entity of the member or any other campaign finance entity operated in coordination with the member may not make an expenditure, except to pay a late filing fee or civil penalty imposed under Title 13 of the Election Law Article, while the member is serving on the board or commission.

(d) A campaign finance entity of the member or any other campaign finance entity operated in coordination with the member shall pay any outstanding obligations before the member begins serving on the board or commission.

(e) Not later than 48 hours after opening a campaign account through a campaign finance entity, an appointed member of a board or commission under § 5–865 of this subtitle who has established an authorized candidate campaign committee shall vacate the position on the board or commission.
Md. Code, Corporations and Associations § 5-618 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-618
§5–618.
Status: in_force

(a) Unless the bylaws require the presence of a greater percentage or number of the members for a quorum, a quorum for the transaction of business at all meetings of the members of a cooperative shall be:

(1) For a cooperative that has not more than 1,000 members, 5% of all members attending the meeting; and

(2) For a cooperative that has more than 1,000 members, 50 members attending the meeting.

(b) If less than a quorum is present at any meeting, a majority of those in attendance may adjourn the meeting from time to time without further notice.
Md. Code, Estates and Trusts § 5-701 — MD Code / Article get / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

In this subtitle, “date of appointment” means the date of appointment of the personal representative.
Md. Code, Courts and Judicial Proceedings § 5-118 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-118
§5–118.
Status: in_force

For the purposes of this subtitle, the filing of a complaint with the Maryland Insurance Administration in accordance with § 27–1001 of the Insurance Article shall be deemed the filing of an action under § 3–1701 of this article.
Md. Code, Election Law § 5-205 — MD Code / Article gel / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) In accordance with Article II of the Maryland Constitution, when a candidate for nomination for Governor files a certificate of candidacy for that office, the candidate shall designate a candidate for Lieutenant Governor.

(b) The candidates for nomination for Governor and Lieutenant Governor each shall file for nomination and be considered a unit for nomination to the offices of Governor and Lieutenant Governor.

(c) (1) The names of the candidates of a unit for Governor and Lieutenant Governor shall be listed jointly on the ballot.

(2) A vote cast for a candidate for Governor also shall be a vote cast for the candidate for Lieutenant Governor.
Md. Code, Corporations and Associations § 5-610 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the name of a cooperative or foreign corporation doing business in the State under this subtitle shall include:

(i) The words “Electric” and “Cooperative”; and

(ii) The abbreviation “Inc.”.

(2) A cooperative need not use any word specified under paragraph (1) of this subsection if:

(i) The cooperative wishes to do business in another state and is or would be precluded from doing business in that state because of the inclusion of the word in its name; and

(ii) An affidavit stating the cooperative’s reason for not using the word is:

1. Made and filed with the Department by the cooperative’s chairman or vice–chairman; or

2. Made by a person who signs articles of incorporation, consolidation, merger, or conversion for the cooperative and filed, together with the articles, with the Department.

(b) The name of a cooperative shall be distinguishable on the records of the Department as provided under § 1–504 of this article.
Md. Code, Public Utilities § 5-102 — MD Code / Article gpu / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) The Commission may:

(1) as it considers reasonable and proper, order a common carrier to issue mileage, excursion, school commuter, passenger commuter, or joint interchangeable mile tickets for all or part of the common carrier’s route in the State; and

(2) require any two or more common carriers, whose lines form a continuous line of transportation or whose lines could form a continuous line of transportation by means of switch connection, to:

(i) establish through routes and joint rates;

(ii) provide for the manner of securing the through routes or paying the joint rates; and

(iii) apportion the through routes and joint rates between the affected common carriers.

(b) This section:

(1) is subject to § 7-208(f) of the Transportation Article; and

(2) does not limit § 5-101 of this subtitle.
Md. Code, Financial Institutions § 5-1011 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1011
§5–1011.
Status: in_force

Subject to § 5-1012 of this subtitle, the Commissioner may require a bank that maintains a branch in this State to submit to the Commissioner its consolidated reports of condition and income in the form specified by the Federal Financial Institutions Examination Council.
Md. Code, Family Law § 5-3A-41 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-41
§5–3A–41.
Status: in_force

(a) If, after a hearing on petition of an adoptee or former parent, a court is satisfied that the adoptee or blood relative of the adoptee or former parent urgently needs medical information not in agency and court records, the court may appoint an intermediary to try to contact the adoptee or a former parent of the adoptee for the information.

(b) An intermediary appointed under this section:

(1) only may advise an adoptee or former parent of the need for medical information; and

(2) may not:

(i) reveal any identifying information about an adoptee or former parent; or

(ii) try, in any manner, to encourage or discourage contact between an adoptee and former parent.

(c) An intermediary appointed under this section shall file with the appointing court a confidential written report on the intermediary’s efforts to contact an adoptee or former parent.

(d) When a court receives a report from an intermediary, the court may disclose to the adoptee or former parent, without revealing identifying information about the adoptee or any former parent:

(1) whether the intermediary advised the adoptee or former parent about the need for medical information; and

(2) medical information that the adoptee or former parent provided.

(e) Notwithstanding any other provision of law, a court may order an adoptee or former parent to pay a reasonable fee for the services of an intermediary under this section.
Md. Code, Public Safety § 5-148 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-148
§5–148.
Status: in_force

(a) On or before October 1, 2024, and each October 1 thereafter, the Maryland Judiciary shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the number of charges, convictions, and sentences for violations of § 4–203 of the Criminal Law Article and § 5–133(d) of this subtitle.

(b) The information included in the report shall be disaggregated by jurisdiction, race, and gender.
Md. Code, Courts and Judicial Proceedings § 5-613 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-613
§5–613.
Status: in_force

Unless a subdivision or municipality requests the appointment of an individual as a special policeman and the request is granted as provided in Title 3, Subtitle 3 of the Public Safety Article, the State and any subdivision or municipality of the State may not be liable or accountable in any way for any act or omission by an individual appointed as a special policeman under Title 3, Subtitle 3 of the Public Safety Article.
Md. Code, Economic Development § 5-445 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-445
§5–445.
Status: in_force

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

(2) (i) “Renewable fuel” means gaseous, liquid, or solid fuel from any organic matter and its by–products.

(ii) “Renewable fuel” includes fuel from:

1. an agricultural crop, agricultural waste, or agricultural residue;

2. wood, wood waste, or wood residue;

3. animal waste;

4. aquatic plants;

5. sewage or sewage sludge;

6. municipal, industrial, or commercial waste;

7. any mixture of any of these substances with inorganic refuse from a public or private municipal waste collection system or similar disposal system; or

8. any combination of items 1 through 7 of this subparagraph.

(iii) “Renewable fuel” does not include fossil fuel.

(3) “Transportation facility” means a transportation facility that is used exclusively to transport fuel produced by a fuel production facility to:

(i) a storage facility;

(ii) a pipeline connection to an existing pipeline or processing facility; or

(iii) an area near the fuel production facility.

(b) A project qualifies as an energy project if it consists of:

(1) an energy conservation project;

(2) a solar energy project;

(3) the construction of a facility to produce solar energy equipment;

(4) the construction of a facility or portion of a facility to:

(i) produce renewable fuel; and

(ii) burn renewable fuel, or a mixture of renewable fuel with other materials, to generate:

1. heat;

2. mechanical power;

3. electricity, including by cogeneration; or

4. other useful forms of energy;

(5) the conversion of any facility to use renewable fuel;

(6) the expansion or improvement of a facility that increases its capacity or efficiency to use renewable fuel;

(7) the acquisition and improvement of equipment for use in a facility specified in items (4) through (6) of this subsection;

(8) the acquisition or improvement of land for a facility specified in items (4) through (6) of this subsection;

(9) the purchase, construction, or installation of a facility or equipment to use groundwater as a heat source for a heating system or as a heat sink for an air conditioning system;

(10) the purchase, construction, or installation of a facility or equipment to develop and use the natural heat of the earth for direct use or to generate electricity;

(11) the purchase, construction, and installation of a hydroelectric facility at an existing dam that:

(i) uses the water power potential of the dam; and

(ii) has no more than 30 megawatts of installed capacity;

(12) the construction of a fuel production facility for commercial production of a gaseous, liquid, or solid fuel, or of a combination of them, that:

(i) is produced by chemical or physical transformation of coal or mixtures of coal and other materials;

(ii) can be used as a substitute for petroleum or natural gas, or any of their derivatives, including chemical feedstocks; and

(iii) includes only:

1. the fuel production facility, including the equipment, plant, supplies, and other materials associated with the fuel production facility;

2. the land and mineral rights required directly for use in connection with the fuel production facility;

3. any other facility or equipment to be used in the extraction of a mineral for use directly and exclusively in the fuel production facility that is necessary to the project and is:

A. colocated with or located in the immediate vicinity of the fuel production facility; or

B. if not colocated or located in accordance with item A of this item:

I. a coal mine in the case that no other reasonable source of coal is available to the project; or

II. incidental to the project; and

4. any transportation facility, electric power plant, electric transmission line, or other facility that is:

A. for the exclusive use of the project;

B. incidental to the project; and

C. necessary to the project;

(13) the conversion of a facility from using petroleum–based fuel to coal or to a mixture of coal and other materials as a fuel; or

(14) the construction of a facility to burn coal using innovative technology that increases the efficiency of the combustion process.
Md. Code, Courts and Judicial Proceedings § 5-114 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-114
§5–114.
Status: in_force

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

(2) “Building permit” or “permit” includes a site plan and other documentation submitted in support of an application for a building permit and providing the basis for the issuance of the building permit.

(3) “Governmental entity” includes:

(i) The State;

(ii) A local government; and

(iii) An officer, office, department, agency, board, commission, or other unit of State or local government.

(4) “Highway” means any way or thoroughfare, whether or not the way or thoroughfare has been dedicated to the public or a dedication has been accepted.

(5) “Local government” means:

(i) A charter county as defined in § 1–101 of the Local Government Article;

(ii) A code county as defined in § 1–101 of the Local Government Article;

(iii) A board of county commissioners;

(iv) Baltimore City;

(v) A municipality as defined in § 1–101 of the Local Government Article;

(vi) A special taxing district; or

(vii) Any other political subdivision.

(6) (i) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.

(ii) “Person” does not include a governmental entity.

(7) “Property line” means the line marking the boundary between 2 separate lots or parcels of property.

(8) “Setback line” means the distance from a curb or shoulder of a highway, edge of a sidewalk, or property line beyond which any portion of a building or structure may not extend.

(9) “Setback line restriction” means a setback line established by:

(i) A law, ordinance, or regulation, including a building or zoning law, ordinance, or regulation; or

(ii) An instrument, however denominated.

(b) (1) A person may not initiate an action or proceeding arising out of a failure of a building or structure to comply with a setback line restriction more than 3 years after the date on which the violation first occurred.

(2) A governmental entity may not initiate an action or proceeding arising out of a failure of a building or structure to comply with a setback line restriction more than 3 years after the date on which the violation first occurred if the building or structure was constructed or reconstructed:

(i) In compliance with an otherwise valid building permit, except that the building permit wrongfully permitted the building or structure to violate a setback line restriction; or

(ii) Under a valid building permit, and the building or structure failed to comply with a setback line restriction accurately reflected in the permit.

(3) For purposes of paragraph (2)(i) of this subsection and notwithstanding any other provision of State or local law to the contrary, a building permit that was otherwise validly issued, except that the permit wrongfully permitted the building or structure to violate a setback line restriction, shall be considered a valid building permit.

(4) For purposes of paragraph (2) of this subsection, the date on which the violation first occurred shall be deemed to be the date on which the final building inspection was approved.

(c) Notwithstanding any provision to the contrary in a deed or other written instrument, a failure to comply with a setback line restriction may not cause a forfeiture or reversion of title.

(d) This section may not be construed to abrogate or affect the defense of laches or any other defense that a person may have to an action or proceeding for a violation of a setback line restriction.
Md. Code, Family Law § 5-705.5 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-705.5
§5–705.
Status: in_force

§5–705.5.

(a) In this section, “Military Family Advocacy Program” means the program established by the United States Department of Defense to address child abuse and neglect and domestic abuse in military families.

(b) A local department that has a United States military installation located within its jurisdiction shall enter into a memorandum of understanding with the Military Family Advocacy Program at the local military installation.

(c) A memorandum of understanding under this section shall establish procedures and protocols for:

(1) identifying an individual alleged to have committed abuse or neglect as military personnel;

(2) reporting by a local department to a military family advocacy program when an investigation implicating military personnel has been initiated; and

(3) maintaining confidentiality requirements under State and federal law.
Md. Code, State Finance and Procurement § 5-310 — MD Code / Article gsf / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

(a) Each unit of the State government shall notify the Department in writing of:

(1) any real property that is in excess of the needs of the unit; or

(2) any substantial change to any real property owned by the State.

(b) Subject to subsection (c) of this section, for any real property identified under subsection (a) of this section, the Department shall:

(1) study the proper disposition of the property;

(2) determine whether any local government or unit of the State government is interested in the property; and

(3) make an appropriate recommendation to the using unit of the State government and to the Board of Public Works.

(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, this subsection applies to the following categories of real property owned by the State in fee simple:

1. property acquired with Program Open Space funds under Title 5, Subtitle 9 of the Natural Resources Article;

2. property acquired with Rural Legacy Program funds under Title 5, Subtitle 9A of the Natural Resources Article;

3. public park land and recreational areas acquired under Title 5, Subtitle 10 of the Natural Resources Article;

4. wildland and open areas acquired under Title 5, Subtitle 12 of the Natural Resources Article;

5. heritage conservation areas acquired with funds under Title 5, Subtitle 15 of the Natural Resources Article;

6. forest conservation areas acquired under Title 5, Subtitle 6 of the Natural Resources Article;

7. GreenPrint areas acquired under Title 5, Subtitle 15A of the Natural Resources Article;

8. property identified in the most current public lands acreage report published by the Department of Natural Resources that is classified under designated land units or under undesignated land units within an agency or program; and

9. outdoor recreation, open space, conservation, preservation, park, or forest land property identified by the Department of Natural Resources in regulation.

(ii) This subsection does not apply to:

1. property declared excess for purposes of corrective disposal, including boundary or access corrections and minor road improvements for public safety; or

2. property exchanged by the Department of Natural Resources in accordance with § 1–109(e)(3) of the Natural Resources Article.

(2) When a unit notifies the Department under subsection (a) of this section, the unit shall include with the notification:

(i) the history of the acquisition of the property;

(ii) the rationale for the acquisition provided to the Board of Public Works at the time of the acquisition;

(iii) any future conservation plans for the property;

(iv) the environmental and ecological attributes of the property;

(v) the cultural and historical significance of the property;

(vi) the relationship of the property to surrounding and nearby real properties;

(vii) the actual cost savings, if any, that the unit anticipates will result from the disposal of the property;

(viii) any expected revenues that would be generated from the disposal of the property; and

(ix) any other justification or basis that the unit relied on in its determination that the property is in excess of its needs.

(3) The information provided under paragraph (2) of this subsection shall be made available by the unit or the Department on request.

(4) After the Department receives notice from a unit under subsection (a) of this section, the Department shall:

(i) notify:

1. the Senate Budget and Taxation Committee, the Senate Education, Health, and Environmental Affairs Committee, the House Environment and Transportation Committee, and the House Appropriations Committee by electronic mail or facsimile and by first–class mail;

2. the General Assembly members who represent the legislative district in which the property is located by electronic mail or facsimile and by certified mail; and

3. owners of property adjacent to the property declared excess:

A. in writing by first–class mail; and

B. if practicable, by posting public notification signs on the property declared excess;

(ii) 1. hold a public hearing in the county or legislative district in which the property is located within 14 days after receiving a request for a hearing if:

A. within 14 days after the Department provides the notice required under item (i) of this paragraph, the Department receives a request for a public hearing from a person who received notice under item (i) of this paragraph or who resides in the county in which the property is located; and

B. the property has an estimated value of over $100,000; or

2. if a public hearing is not required under item 1 of this item, accept and consider written public comments on the declaration of the property as excess;

(iii) in conjunction with the local governing body of the jurisdiction in which the property is located, determine whether any proposed disposition would conform to the local comprehensive plan; and

(iv) 1. consolidate all information received by and all determinations made by the Department into a public record available on request; and

2. submit the record to the using unit.

(5) After review of the record created under paragraph (4) of this subsection, the using unit may rescind the notice of excess property submitted under subsection (a) of this section.

(6) If the using unit does not rescind the notice of excess property, the Department shall:

(i) based on all of the information collected by the Department, make an appropriate recommendation to the using unit and the Board of Public Works; and

(ii) notify the persons identified under paragraph (4)(i)1 and 2 of this subsection of the recommendation.

(d) The Department shall notify the Department of Housing and Community Development and, in accordance with § 2–1257 of the State Government Article, the Senate Committee on Education, Energy, and the Environment, the Senate Budget and Taxation Committee, the House Environment and Transportation Committee, and the House Appropriations Committee of any property submitted to the Department under subsection (a)(1) of this section which has not been disposed of under subsection (b) of this section.
Md. Code, Family Law § 5-3B-17 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-17
§5–3B–17.
Status: in_force

Except as provided in § 5–3B–27 of this subtitle, a court shall hold a hearing before entering an order for adoption under this subtitle.
Md. Code, Family Law § 5-308 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

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

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

(ii) the adoptee or adoptive parent.

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

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

(ii) the adoptee or adoptive parent.

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

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

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

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

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

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

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

(2) If a party moves in juvenile court or another court of competent jurisdiction to modify a written agreement made in accordance with this section and satisfies the court that modification is justified because an exceptional circumstance has arisen and the court finds modification to be in an adoptee’s best interests, the court may modify the agreement.
Md. Code, Economic Development § 5-1204 — MD Code / Article gec / Title 5 / Subtitle 12 / Section 5-1204
§5–1204.
Status: reserved

(a) (1) (i) There is a Maryland Nonprofit Development Center Program Fund in the Department.

(ii) 1. Within the Fund, there is a Nonprofit, Interest–Free, Micro Bridge Loan (NIMBL) Account.

2. The Account consists of:

A. money received under § 9–1A–27 of the State Government Article; and

B. any other money appropriated, transferred by budget amendment, or repaid to the Account.

3. The money in the Account may not exceed $1,000,000.

4. If the money in the Account exceeds $1,000,000, any money in excess of that amount shall be transferred to the Small, Minority, and Women–Owned Businesses Account established under § 5–1501 of this title.

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

(3) The Fund consists of:

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

(ii) money in the Nonprofit, Interest–Free, Micro Bridge Loan (NIMBL) Account; and

(iii) all other money accepted for the benefit of the Fund, including an additional $50 fee to be paid for the processing of articles of incorporation of a nonstock corporation in accordance with § 1–203 of the Corporations and Associations Article.

(b) (1) The purpose of the Fund is to provide grant money and bridge loans to support the operations of the Program consistent with this subtitle.

(2) As provided in the State budget, the Fund also may be used by the Department of General Services to evaluate the participation of nonprofit entities in State procurement.

(c) (1) For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of $1,000,000 to the Fund to be used for loans under the NIMBL Account.

(2) If $1,000,000 is not included in the annual budget bill for fiscal year 2024, then the Governor shall include in the annual budget bill for fiscal year 2025 an appropriation of $1,000,000 to be used for loans under the NIMBL Account.
Md. Code, Agriculture § 5-1001 — MD Code / Article gag / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: in_force

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

(b) “Fund” means the Nuisance Insects Fund.

(c) (1) “Nuisance insect” means an insect that is determined by the Secretary to pester or annoy only humans.

(2) “Nuisance insect” does not include:

(i) An insect that is a threat to the health of humans, animals, or plants; or

(ii) A pollinator.
Md. Code, Transportation § 5-615 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-615
§5–615.
Status: in_force

(a) Any aggrieved person or any officer or agency of the political subdivision may appeal from a decision of the board of appeals to a court of competent jurisdiction.

(b) If, at the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a commissioner to take the evidence that the court directs and report to the court with his findings of fact and conclusions of law. These findings and conclusions constitute a part of the proceedings on which the determination of the court shall be made.

(c) The court may:

(1) Reverse, affirm, or modify the decision brought up for review; and

(2) If necessary, order further proceedings by the board of appeals.

(d) It is not necessary to join the board of appeals as a party.

(e) An appeal under this subtitle has preference over all other civil actions and proceedings.

(f) An appeal may be taken to the Appellate Court of Maryland from any decision of the court of record reviewing the decision of the board of appeals.
Md. Code, Health - General § 5-502 — MD Code / Article ghg / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

(a) This section does not apply to the disposition of a body by a school of medicine or dentistry.

(b) Except as otherwise provided in this section, a person may not cremate or initiate alkaline hydrolysis or natural organic reduction of a body until it has been identified by:

(1) The next of kin;

(2) A person who is authorized to arrange for final disposition of the body under §§ 5–508 through 5–512 of this subtitle; or

(3) A medical examiner.

(c) If a person who is authorized to arrange for final disposition of a body is not available to identify the body and authorize cremation, reduction by alkaline hydrolysis, or natural organic reduction, that person may delegate that authority to another person by sending to the delegate an electronic communication that contains the name, address, and relationship of the sender to the deceased and the name and address of the individual to whom authority is delegated. Written authorization shall follow by mail but does not take precedence over the electronic communication authorizing the identification and cremation.
Md. Code, Courts and Judicial Proceedings § 5-720 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-720
§5–720.
Status: in_force

A person who acts in good faith and within the scope of the duties and responsibilities provided to the Office of Cemetery Oversight under Title 5 of the Business Regulation Article is not civilly liable for giving information to the Director of the Office of Cemetery Oversight.
Md. Code, General Provisions § 5-811 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-811
§5–811.
Status: in_force

(a) This section applies only to Prince George’s County.

(b) (1) The conflict of interest provisions required under § 5–807(a)(1) of this subtitle shall prohibit:

(i) the county government from issuing a credit card to an elected county official or a member of the county school board; and

(ii) an elected county official from directly or indirectly soliciting a person to enter into a business relationship with or provide anything of monetary value to a specific individual or entity if the person being solicited is seeking:

1. the success or defeat of county legislation;

2. a county contract; or

3. any other county benefit.

(2) A conflict of interest provision enacted in accordance with paragraph (1)(ii) of this subsection may not be construed to affect the validity of any legally enacted requirement or condition, proposed and adopted on the public record at a public hearing, the purpose of which is to mitigate the impact of a development on the property owners in the areas surrounding the development, including:

(i) an adequate public facilities requirement;

(ii) a minority business requirement; or

(iii) a community benefit requirement.

(c) The lobbying provisions required under § 5–807(a)(3) of this subtitle shall prohibit a person from being engaged for lobbying purposes for compensation that is dependent in any manner on the outcome of executive action or legislative action before the county government.

(d) The county’s ethics enactments shall provide for:

(1) a county board of ethics that meets at least two times each year and is composed of five members appointed by the county executive, with the advice and consent of the county council; and

(2) an executive director of the board of ethics who:

(i) shall meet individually with each elected county official at least annually to advise the official regarding the requirements of any applicable ethics law, rule, or standard of conduct;

(ii) shall assist each elected county official in preparing any affidavit or other document required to be filed under the county’s ethics enactments;

(iii) shall conduct ethics–related briefings for the benefit of elected officials of the county; and

(iv) may provide information to any person regarding laws, rules, and other standards of ethical conduct applicable to elected county officials.
Md. Code, Human Services § 5-322 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-322
§5–322.
Status: in_force

(a) On or before October 1 each year, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, the following information:

(1) for the preceding year:

(i) the number of recipients who engaged in vocational education or education directly related to employment;

(ii) the number of recipients who completed vocational education or education directly related to employment;

(iii) the number of recipients who obtained or maintained employment for 6 months, 12 months, 18 months, and 24 months after completing vocational education or education directly related to employment; and

(iv) the average earnings of recipients who obtained or maintained employment for 6 months, 12 months, 18 months, and 24 months after completing vocational education or education directly related to employment; and

(2) for the preceding fiscal year, the following information on work experience and community service work activity placements:

(i) information on the work sites and the public, private, and nonprofit organizations that have engaged temporary cash assistance recipients in work experience and community service, including:

1. a list, organized by county, of all work sites in the State, including units of State, federal, and local government that have engaged temporary cash assistance recipients in work experience;

2. for each work site:

A. the total number of work experience placements for the year;

B. the position, job duties, number of hours, and market salary rate for the job being performed by the temporary cash assistance recipients engaged in work experience; and

C. the number of temporary cash assistance recipients engaged in work experience who were hired by the work site for unsubsidized employment; and

3. a list, organized by county, of all public and nonprofit organizations in the State that have engaged temporary cash assistance recipients in community service;

(ii) information, organized by the number, jurisdiction, race, ethnicity, age, and gender of individuals who participated in work experience and community service; and

(iii) information on the employment outcomes of individuals who participated in work experience, including the number of individuals in work experience who were provided direct entry into a full–time job with a wage that:

1. equals or exceeds the State minimum wage;

2. equals or exceeds 150% of the State minimum wage; and

3. equals or exceeds 200% of the State minimum wage.

(b) The information in the report required under subsection (a)(1) of this section shall be broken down by the types of vocational education or education programs in which the recipients engaged, including:

(1) associate degree programs;

(2) vocational education programs that do not lead to an associate degree;

(3) postsecondary education programs that are not included in item (1) or (2) of this subsection;

(4) adult basic education programs;

(5) English as a second language programs; and

(6) GED programs.
Md. Code, Public Safety § 5-404 — MD Code / Article gps / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) There is a Handgun Roster Board in the Department of State Police.

(b) (1) The Board consists of 11 members.

(2) Of the 11 members of the Board:

(i) one shall be the Secretary as an ex officio member;

(ii) ten shall be appointed by the Governor with the advice and consent of the Senate; and

(iii) all shall be Maryland residents.

(3) Of the ten appointed members of the Board:

(i) one shall be a representative of the Association of Chiefs of Police;

(ii) one shall be a representative of the Maryland State’s Attorneys’ Association;

(iii) one shall be a handgun dealer, gunsmith, or representative of a handgun manufacturer;

(iv) one shall be a resident of the State who is a representative of the National Rifle Association or its affiliated State association;

(v) one shall be a representative of an organization that advocates against handgun violence; and

(vi) five shall be public members, two of whom shall be mechanical or electrical engineers.

(c) The term of an appointed member is 4 years.

(d) The Secretary shall serve as chairman.

(e) The Board shall meet at the request of the chairman or of a majority of the members.
Md. Code, Corporations and Associations § 5-6C-07 — MD Code / Article gca / Title 5 / Subtitle 6C / Section 5-6C-07
§5–6C–07.
Status: in_force

(a) A director of a benefit corporation, in performing the duties of a director, including the director’s duties as a member of a committee and in addition to the duties described in § 2–405.1 of this article:

(1) In determining what the director reasonably believes to be in the best interests of the benefit corporation, shall consider the effects of any action, or decision not to act, on:

(i) The stockholders of the benefit corporation;

(ii) The employees and workforce of the benefit corporation and the subsidiaries and suppliers of the benefit corporation;

(iii) The interests of customers as beneficiaries of the general or specific public benefit purposes of the benefit corporation;

(iv) Community and societal considerations, including those of any community in which offices or facilities of the benefit corporation or the subsidiaries or suppliers of the benefit corporation are located; and

(v) The local and global environment; and

(2) May consider any other pertinent factors or the interests of any other group that the director determines are appropriate to consider.

(b) A director of a benefit corporation, in the performance of duties in that capacity, does not have any duty to a person that is a beneficiary of the public benefit purposes of the benefit corporation.

(c) A director of a benefit corporation, in the reasonable performance of duties in accordance with the standard provided in this subtitle, shall have the immunity from liability described in § 5–417 of the Courts Article.
Md. Code, State Finance and Procurement § 5-505 — MD Code / Article gsf / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

(a) To the extent relevant to State planning, the Department shall study:

(1) the resources of the State;

(2) existing and emerging problems of agriculture, commerce, housing, industry, local government, population, public service, and transportation; and

(3) related matters affecting the development of the State.

(b) In making the studies, the Department shall seek the cooperation of appropriate:

(1) governmental units;

(2) regional planning commissions;

(3) public or private educational institutions;

(4) public or private research organizations;

(5) civic groups; and

(6) interested persons.
Md. Code, State Finance and Procurement § 5-7A-03 — MD Code / Article gsf / Title 5 / Subtitle 7A / Section 5-7A-03
§5–7A–03.
Status: in_force

The State has a goal of preserving a total of 1,030,000 acres of productive agricultural land by 2030 through:

(1) the Maryland Agricultural Land Preservation Foundation;

(2) the Maryland GreenPrint Program;

(3) the Rural Legacy Program;

(4) the Maryland Environmental Trust;

(5) the Next Generation Farmland Acquisition Program; and

(6) local land preservation programs.
Md. Code, Transportation § 5-105 — MD Code / Article gtr / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

If a political subdivision has the power to appropriate money, it annually may impose a tax in the political subdivision and appropriate an amount sufficient to carry out its powers and duties under this title.
Md. Code, Education § 5-243 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-243
§5–243.
Status: in_force

(a) In this section, “Fund” means the Maggie McIntosh School Arts Fund.

(b) There is a Maggie McIntosh School Arts Fund.

(c) The purpose of the Fund is to provide grants to public schools in Baltimore City to purchase art supplies for classrooms.

(d) Arts Every Day shall administer the Fund.

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

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

(f) The Fund consists of:

(1) Revenue distributed to the Fund under § 9–120(b)(1)(viii) of the State Government Article;

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

(3) Interest earnings or other income earned from the investment of any money from the Fund; and

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

(g) The Fund shall be used to expand the arts curriculum for students in public schools in Baltimore City with grants to:

(1) Purchase art supplies for classrooms; and

(2) Provide arts experiences.

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

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

(i) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Labor and Employment § 5-501 — MD Code / Article gle / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

(a) In this subtitle, “power equipment” means:

(1) a backhoe;

(2) a bulldozer;

(3) a front-end loader;

(4) skid steer equipment;

(5) a gradall;

(6) a scraper pan;

(7) a crane; or

(8) a hoist.

(b) “Power equipment” does not include agricultural equipment that is used in a farming operation.
Md. Code, Criminal Law § 5-603 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

(a) Except as otherwise provided in this title, a person may not manufacture a controlled dangerous substance other than cannabis, or manufacture, distribute, or possess a machine, equipment, instrument, implement, device, or a combination of them that is adapted to produce a controlled dangerous substance other than cannabis under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a controlled dangerous substance other than cannabis in violation of this title.

(b) Except as otherwise provided in this title, a person may not cultivate or grow cannabis or manufacture a cannabis product, or manufacture, distribute, or possess a machine, equipment, an instrument, an implement, a device, or a combination of them that is adapted to produce cannabis or a cannabis product under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense cannabis or a cannabis product in violation of this title.

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

(ii) “Adult sharing” has the meaning stated in § 5–602(c)(1) of this subtitle.

(iii) 1. “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

2. “Volatile solvent” includes butane, hexane, and propane.

(2) A person who is at least 21 years old may manufacture a personal use amount of cannabis products or concentrated cannabis for personal use or adult sharing at a private residence if the manufacturing process does not involve the use of a volatile solvent.
Md. Code, Courts and Judicial Proceedings § 5-717 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-717
§5–717.
Status: in_force

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

(b) A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
Md. Code, Health - General § 5-510 — MD Code / Article ghg / Title 5 / Subtitle 5 / Section 5-510
§5–510.
Status: in_force

(a) (1) If the majority of individuals under § 5-509(c) of this subtitle cannot agree on the arrangements, any individual specified in § 5-509(c) of this subtitle or the practitioner who has custody of the body, or both, may file a petition in the circuit court for the county in which the decedent was domiciled at the time of death or the county in which the body is located requesting the court to decide the final disposition of the body.

(2) The practitioner may add the court costs associated with a petition under this subsection to the costs of final disposition.

(b) In the event of a disagreement under subsection (a) of this section, a practitioner is not liable for refusing to accept the body or to inter or otherwise dispose of the body of the decedent or complete the arrangements for the final disposition of the body until the practitioner receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the body.

(c) If the practitioner retains the body for final disposition in accordance with a court order or written agreement among the parties, the practitioner may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision and may add the costs of embalming and refrigeration and sheltering to the final disposition costs.

(d) (1) This section may not be construed to require or to impose a duty upon a practitioner to bring an action under this section.

(2) A practitioner may not be held criminally or civilly liable for choosing not to bring an action under this section.
Md. Code, Insurance § 5-104 — MD Code / Article gin / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

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

(2) “Backplant” means a title plant that antedates the period of time covered by an existing title plant, or that covers additional parcels of land.

(3) “Title plant” means an integrated and indexed collection of title records consisting of documents, maps, surveys, or entries affecting title to real property or any interest in or encumbrance on the property which has been filed or recorded in the jurisdiction for which the title plant is established or maintained, as well as copies of prior title insurance policies.

(b) A title plant shall be allowed as an admitted asset for a title insurer under § 5-101 of this subtitle subject to the provisions of this section.

(c) (1) The costs specified in this subsection shall be capitalized costs with reference to the valuation of a title plant.

(2) Until a title plant can be used by an insurer to conduct title searches and issue title insurance policies, the costs incurred to construct a title plant, including the costs incurred to obtain, organize, and summarize historical information in an efficient and useful manner shall be capitalized costs. The capitalized costs must be directly related to, and properly identified with, the activities necessary to construct the title plant.

(3) (i) The costs to purchase a title plant, including a purchase of an undivided interest in a title plant, shall be capitalized costs, recorded at cost at the date of acquisition.

(ii) For a title plant acquired separately, the costs shall be measured by the fair market value of the consideration given.

(iii) For a title plant acquired as part of a group of assets, the costs shall be measured first by the fair market value of the consideration given, and then the cost shall be allocated to the title plant based on the fair market value of the title plant in relation to the total fair market value of the group of assets acquired.

(4) The costs to purchase or construct a backplant may be capitalized if the costs are properly identifiable.

(d) (1) The costs specified in this subsection may not be capitalized costs with reference to the valuation of a title plant.

(2) Costs incurred after a title plant is operational to:

(i) convert the information from one storage and retrieval system to another shall not be capitalized costs; or

(ii) modify or modernize the storage and retrieval system shall not be capitalized costs.

(e) The following costs shall be expensed as incurred with reference to the valuation of a title plant:

(1) costs incurred to maintain a title plant; and

(2) costs incurred to perform title searches.

(f) The aggregate carrying value of an investment in a title plant may not exceed the lesser of:

(1) 20% of the admitted assets; or

(2) 40% of the surplus as regards policyholders.

(g) A title insurer may sell:

(1) a title plant and relinquish all rights to future use of the title plant;

(2) an undivided ownership interest in its title plants; and

(3) a copy of a title plant or the right to use a title plant.

(h) Subject to the approval of the Commissioner, a title insurer may:

(1) enter into an agreement with one or more other title insurers authorized to do business in the State for the purpose of jointly participating in the ownership, management, and control of a title plant so as to serve the needs of the insurers; or

(2) hold stock in a corporation that owns and operates a title plant for the purpose of participating in the ownership, management, and control of a title plant.

(i) Except as provided in this section, title insurers shall comply with the investment requirements under Subtitle 6 of this title.
Md. Code, Election Law § 5-403 — MD Code / Article gel / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

Filing fees paid by candidates under § 5–401 of this subtitle shall be distributed

to the Fair Campaign Financing Fund established under § 15–103 of this article.
Md. Code, Business Regulation § 5-904 — MD Code / Article gbr / Title 5 / Subtitle 9 / Section 5-904
§5–904.
Status: in_force

A person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to:

(1) for a first violation, a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both;

(2) for a second violation, a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both; and

(3) for a third or subsequent violation, a fine not exceeding $15,000 or imprisonment not exceeding 3 years or both.