Md. Code, Environment § 5-803 — MD Code / Article gen / Title 5 / Subtitle 8 / Section 5-803
§5–803.
Status: in_force

(a) By January 1, 1982 the Department, after consultation with and consideration of recommendations submitted by subdivisions and the Department of Agriculture and the Department of Planning, shall designate a priority list of watersheds for the purpose of flood control planning and management and establish a schedule for completion of studies of these watersheds.

(b) (1) The Department, in cooperation with the subdivisions and the Department of Agriculture and the Department of Planning, shall conduct studies of the watersheds designated pursuant to subsection (a) of this section which shall define at least:

(i) The existing magnitude and frequency of flood events;

(ii) The magnitude and frequency of flood events based on planned development; and

(iii) Alternative management techniques according to their effectiveness in controlling floods and minimizing flood damage.

(2) The studies shall address at least the 100-year flood event.

(3) By mutual agreement, the Department may delegate the responsibility for carrying out all or part of the studies of priority watersheds to the appropriate subdivisions.

(c) As a part of the study undertaken under subsection (b) of this section, the Department shall delineate the flood hazard areas on maps showing areas of tidal and nontidal inundation.

(d) (1) By July 1, 1990 each subdivision, in cooperation with the Departments of the Environment and Agriculture, the Department of Planning, and other appropriate State agencies, shall prepare a flood management plan based upon an evaluation of the alternative management techniques and other findings included in studies conducted under subsection (b) of this section. Each flood management plan shall be consistent with the purposes and provisions of this subtitle.

(2) Management techniques may include:

(i) Flood control dams;

(ii) Levees and dikes;

(iii) Stormwater detention or retention structures;

(iv) Public acquisition;

(v) Flood proofing;

(vi) Storm drain and stream maintenance;

(vii) Tax adjustment policies;

(viii) Subdivision, zoning, and related ordinances; and

(ix) Other practical methods.

(3) Management techniques shall include flood warning systems.

(e) In any interjurisdictional watershed, those portions of the flood management plans of the subdivisions relating to the watershed shall be subject to review and approval by the Department as one plan. Any comprehensive flood management plan which includes a project for which grant funds are requested under this section is subject to review and approval by the Department. If a plan is disapproved, the Secretary shall set forth in writing the reason for disapproval. Disapproval of a plan shall be based only on flood management considerations.

(f) The Department and the subdivisions shall coordinate activities under this section with all related programs, including the national flood insurance program, the sediment control program, and the State water pollution control and abatement programs.

(g) (1) Each subdivision shall implement the flood management plan for its watershed. If a subdivision so elects, the Department, in consultation with the subdivision, shall prepare the regulations to implement the flood management plan. The subdivision shall adopt these regulations. If a municipality elects and the county agrees, the county, in consultation with the municipality, shall prepare the regulations. If the county does not agree, the Department, in consultation with the municipality, shall prepare, if requested, the regulations. The municipality shall adopt the regulations prepared for the municipality. Implementation of the flood management plans shall begin within 1 year after they are completed.

(2) (i) Baltimore City and Baltimore County shall include in the flood management plan for the Jones Falls watershed and adopt regulations prohibiting any person from erecting any new residential structure or any substantial residential structural changes which would constitute any amount of encroachment into the 100-year floodplain of the nontidal Jones Falls, and requiring all new nonresidential structures or improvements, except flood control projects, to be elevated above the 100-year flood elevation. However, these restrictions may be construed not to apply to any public works project of Baltimore City, Baltimore County, or the State.

(ii) In issuing any manner of permit or approval to any person to modify or renovate any existing structure or to modify the use of any open land area in the 100-year floodplain of the nontidal Jones Falls, Baltimore City or Baltimore County shall impose conditions to require that risk of injury to persons or property shall be minimized to the greatest extent practicable.

(h) (1) There is a comprehensive flood management grant program within the Department.

(2) (i) Subject to the approval of the Board of Public Works, the Department may use proceeds from the State debt created to fund the comprehensive flood management grant program to pay the entire cost of watershed studies pursuant to subsection (b) of this section.

(ii) The Department may provide grants to subdivisions to pay the entire cost of watershed studies when the Department delegates that responsibility pursuant to subsection (b) of this section.

(3) (i) Subject to the approval of the Board of Public Works, the Department may provide grants to subdivisions for flood control and watershed management capital projects, and for the capital costs related to design, purchase, and installation of automated flood warning projects, provided that the projects are consistent with the plans and implementation prepared and adopted in accordance with this subtitle, and provided further that each project:

1. Is undertaken as part of a comprehensive flood management plan prepared and adopted by the subdivision; and

2. Is not inconsistent with any State or interjurisdictional flood management plan.

(ii) Grants for automated flood warnings projects shall be conditioned to require all affected local governing bodies to:

1. Adopt a specific and compatible response plan which has been coordinated with local emergency management authorities and reviewed and approved by the Department and the Maryland Department of Emergency Management; and

2. Provide for financial and other commitments to properly operate and maintain the project.

(iii) 1. The amount of any grant made by the Department for a flood control and watershed management capital project that involves only nonfederal funds and meets the criteria of this subtitle shall be matched by a minimum amount of 25% of project costs in local government or private funds.

2. For a flood control and watershed management capital project that involves federal funding and meets the criteria of this subtitle:

A. The Department may provide up to 50% of the nonfederal share of the project funding; and

B. Local government or private funds shall provide not less than 50% of the nonfederal share of the project funding.

(iv) Each project application for a grant under this paragraph shall be submitted to and reviewed by the State clearinghouse of the Department of Planning in accordance with established clearinghouse procedures.

(4) (i) Subject to the approval of the Board of Public Works, the Department may provide grants to subdivisions immediately after a flood for acquisition of any flood damaged owner–occupied dwelling.

(ii) Total expenditures for grants made under this paragraph may not exceed 50% of the total authorized budgeted funds in a fiscal year for grants under this subsection.

(5) (i) The Department may award grants to subdivisions that have incurred at least $1,000,000 in infrastructure damage caused by a flood event that occurred on or after January 1, 2009.

(ii) The total amount of grants awarded by the Department to subdivisions under this paragraph may:

1. For fiscal years 2020, 2021, and 2022, equal up to 100% of the total amount of money appropriated to the comprehensive flood management program; and

2. For fiscal year 2023 and each fiscal year thereafter, equal up to 50% of the total amount of money appropriated to the comprehensive flood management program.

(iii) A grant awarded to a subdivision under this paragraph may be:

1. For an amount of up to 50% of the combined cost of infrastructure repairs, watershed restoration, and emergency work associated with the flood event;

2. Used for infrastructure repairs, watershed management, or emergency protection work associated with the flood event; and

3. Used for expenses associated with item 2 of this subparagraph that the subdivision has already incurred.

(iv) The Department shall prioritize awarding grants under this paragraph to subdivisions in which:

1. Infrastructure damage occurred in an area designated by the Maryland Historical Trust as an historic district; or

2. Infrastructure damage caused by a flood event has occurred more than once within the previous 5 years.

(6) To receive a grant, the subdivision must participate in the national flood insurance program.

(7) Before awarding a grant under paragraphs (2), (3), or (4) of this subsection, the Department, in cooperation with the Department of Planning, shall review the flood control and watershed management operations of the applicant subdivision to assure that the flood control and watershed management operations are in compliance with this subtitle.

(8) (i) For fiscal year 2026 and each fiscal year thereafter, the Governor may include in the annual State budget an appropriation for the comprehensive flood management grant program of up to $20,000,000.

(ii) For fiscal year 2026 and each fiscal year thereafter, at least 40% of funding provided under the comprehensive flood management grant program shall be used for projects located in or directly benefiting underserved or overburdened communities, as defined in § 1–701 of this article.

(iii) Funds not awarded from the comprehensive flood management grant program by the end of a fiscal year:

1. Shall remain in the program; and

2. Are not subject to § 7–302 of the State Finance and Procurement Article.

(9) (i) The Department, in consultation with the Department of Planning, shall adopt regulations necessary for the administration of the grant program.

(ii) These regulations may include:

1. A determination of statewide and interjurisdictional needs and priorities;

2. Standards of eligibility for applicants and projects;

3. Criteria for recognition of tidal and nontidal areas;

4. Engineering and economic standards and alternatives; and

5. Procedures for filing and processing contents of applications.
Md. Code, Economic Development § 5-1402 — MD Code / Article gec / Title 5 / Subtitle 14 / Section 5-1402
§5–1402.
Status: in_force

The purposes of the Regional Institution Strategic Enterprise Zone Program are to access institutional assets that have a strong and demonstrated history of commitment to economic development and revitalization in the communities in which they are located and incentivize the location of innovative start–up businesses based on technology developed, licensed, or poised for commercialization at or in collaboration with qualified Maryland institutions.
Md. Code, Economic Development § 5-553 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-553
§5–553.
Status: in_force

The Authority may:

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

(2) buy, hold, and sell qualified securities;

(3) prepare, publish, and distribute technical studies, reports, and other materials with or without charge; and

(4) provide and pay for advisory services and technical assistance that are necessary or desirable to carry out the Program.
Md. Code, Business Occupations and Professions § 5-207 — MD Code / Article gbo / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) In addition to any powers set forth elsewhere, the Board may administer oaths.

(b) In addition to any duties set forth elsewhere, the Board shall:

(1) adopt a seal;

(2) keep a record of its proceedings;

(3) keep records at its principal office; and

(4) provide copies of its regulations to persons regulated by the Board.

(c) The Board shall keep a record that, for each application for a license, registration, or permit, shows:

(1) the name of the applicant;

(2) the place of business or employment of the applicant;

(3) the address of the place of business or employment; and

(4) the action of the Board on the application.
Md. Code, Family Law § 5-3A-32 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-32
§5–3A–32.
Status: in_force

A court shall hold a hearing before entering an order for adoption under this subtitle.
Md. Code, General Provisions § 5-105 — MD Code / Article ggp / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

(a) If another provision of law relating to conflicts of interest, financial disclosure, or lobbying is more stringent than this title, the other provision shall apply.

(b) Title 3, Subtitle 1 of the Public Safety Article does not apply to activities carried out by the Ethics Commission under this title.
Md. Code, Health - General § 5-705 — MD Code / Article ghg / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, there shall be a multidisciplinary and multiagency child fatality review team in each county.

(2) Instead of a local team in each county, two or more counties may agree to establish a single multicounty local team.

(3) A multicounty local team shall execute a memorandum of understanding on membership, staffing, and operation.

(b) The local team membership shall be drawn from the following individuals, organizations, agencies, and areas of expertise, when available:

(1) The county health officer;

(2) The director of the local department of social services;

(3) The State’s Attorney;

(4) The superintendent of schools;

(5) A State, county, or municipal law enforcement officer;

(6) The director of the county substance abuse treatment program;

(7) The chief attorney who represents the local department of social services in child welfare proceedings;

(8) The Early Childhood Development Division in the State Department of Education;

(9) The director of the county mental health agency or core service agency;

(10) A pediatrician with experience in diagnosing and treating injuries and child abuse and neglect, appointed by the county health officer;

(11) A psychiatrist or psychologist with experience in child abuse and neglect or child injury, appointed by the director of the county mental health agency, core service agency, or local behavioral health authority;

(12) A member of the general public with interest or expertise in the prevention and treatment of child abuse and neglect, appointed by the county health officer; and

(13) Any other individual necessary to the work of the local team, recommended by the local team and appointed by the county health officer.

(c) The members described under subsection (b)(1) through (9) of this section may designate representatives from their departments or offices to represent them on the local team.

(d) From among its members, each local team shall elect a chairperson by majority vote.
Md. Code, Transportation § 5-210 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-210
§5–210.
Status: in_force

(a) (1) If the Administration issues an order directing compliance with a specific requirement or if the Administration denies, suspends, or revokes a license, certificate, or other approval, the order or the denial, suspension, or revocation, as the case may be, shall state the reasons for the Administration’s action and shall specify the acts to be done or requirements to be met before approval by the Administration will be given, the license, certificate, or other approval granted or restored, or the order modified or changed.

(2) Orders issued by the Administration shall be served on the affected persons by personal service or certified mail, return receipt requested, bearing a postmark from the United States Postal Service.

(b) (1) If notice and opportunity for hearing are required under any provision of this title:

(i) The order or other action of the Administration shall specify, on not less than 21 days’ notice, the time and place of hearing or the time within which the affected person may request a hearing; and

(ii) The order or other action becomes effective on expiration of the time for exercising the opportunity for hearing, unless a hearing is held or requested within the time provided, in which case the order or other action is suspended until the Administration, after the hearing or on default by the affected person, affirms, disaffirms, or modifies the order or other action.

(2) The Administration shall conduct the hearing at or near its principal office.

(c) Any person aggrieved by an order of the Administration or by the grant, denial, suspension, or revocation of any license, certificate, or other approval may appeal as provided by the Administrative Procedure Act.
Md. Code, Public Utilities § 5-409 — MD Code / Article gpu / Title 5 / Subtitle 4 / Section 5-409
§5–409.
Status: in_force

Sections 5-405, 5-406, and 5-407 of this subtitle apply to all railroads operated by electricity, cable, or other improved motive power, whether the property proposed to be condemned is located in a county or Baltimore City, where streets and alleys have not been opened and occupied as city streets.
Md. Code, General Provisions § 5-713 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-713
§5–713.
Status: in_force

(a) After each reporting period, the Ethics Commission shall compute and make available:

(1) for each of the categories of expenses required to be reported under § 5–705(b)(2) of this subtitle, a total of the expenditures reported by all regulated lobbyists in that category;

(2) for the categories of expenses required to be reported under § 5–705(b)(2)(v) through (vii) of this subtitle, a combined total of the expenditures reported by all regulated lobbyists; and

(3) the total of the reported expenditures by all regulated lobbyists for lobbying activities during the reporting period.

(b) (1) If a report under § 5–705 or § 5–706 of this subtitle contains the name of an official or employee in the Executive Branch or Legislative Branch or the name of a member of the official’s or employee’s immediate family, the Ethics Commission shall:

(i) notify the official or employee within 30 days after receipt of the report by the Ethics Commission; and

(ii) keep the report confidential for 60 days after its receipt.

(2) Within 30 days after receiving the notice, the official or employee may submit a written exception to the inclusion in the report of the name of the official, employee, or member of the official’s or employee’s immediate family.
Md. Code, Correctional Services § 5-401 — MD Code / Article gcs / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

(a) There is a Youth Detention Center in the Division.

(b) The Youth Detention Center is a pretrial detention facility for juvenile incarcerated individuals under the age of 18 years who have been charged with a crime as an adult in Baltimore City.
Md. Code, Economic Development § 5-1409 — MD Code / Article gec / Title 5 / Subtitle 14 / Section 5-1409
§5–1409.
Status: in_force

In accordance with § 2.5–109 of this article, the Department shall submit a report on the effectiveness of the tax incentives authorized under this subtitle.
Md. Code, Business Occupations and Professions § 5-505 — MD Code / Article gbo / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

(a) While a beauty salon permit is in effect, it authorizes the beauty salon permit holder to operate the beauty salon.

(b) While a beauty salon permit for the limited practice of cosmetology is in effect, it authorizes the holder to operate a beauty salon only for the limited purpose for which the permit is issued.
Md. Code, Corporations and Associations § 5-703 — MD Code / Article gca / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

(a) As used in this section, “aliens” means the following and their representatives:

(1) An alien;

(2) A foreign government;

(3) A corporation, joint-stock company, or association organized under the laws of a foreign country; and

(4) Any other corporation, joint-stock company, or association controlled directly or indirectly by one or more aliens.

(b) Any Maryland corporation which conducts business under a license or grant of authority issued pursuant to a statute or regulation of the United States government, this State, or any agency of either, which statute or regulation provides that the license or grant of authority may not be granted to or held by, or the business may not be conducted by, a corporation of which more than a specified percentage of the capital stock or voting interests is owned of record or controlled by aliens, or which license or grant of authority permits an agency to restrict, limit or revoke the license or grant of authority or the right to conduct the business in such circumstances, or any Maryland corporation controlling directly or indirectly any corporation, joint-stock company or association which conducts its business or any portion of its business under the license or grant of authority, may, by its bylaws, restrict or limit the transferability to, ownership by, or voting rights of shares of its stock, whether issued or to be issued in the hands of aliens to the extent appropriate to comply with the applicable statute or regulation. Any requirements of § 8-204 of the Commercial Law Article and of § 2-211 of this article with respect to limitations or restrictions need only be complied with as to certificates for such shares issued after the adoption of such bylaws.
Md. Code, Agriculture § 5-501 — MD Code / Article gag / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

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

(b) “Abandoned apiary” means an apiary where a beekeeper fails to maintain a colony.

(c) “Apiary” means a place where one or more bee colonies may be maintained.

(d) “Appliance” means any device used in handling bees, hives, honey, or wax.

(e) “Bee” means the common honey bee, apis mellifera, at any stage of development.

(f) “Bee equipment” means any part of a hive, including any frame, hive body, or super.

(g) “Colony” means a hive that contains bees, comb, and honey.

(h) “Disease” means an abnormal condition resulting from action by a parasite, predator, or infectious agent.

(i) “Hive” means a container for housing bees.

(j) “Honey house” means a structure where honey is extracted and processed for sale.

(k) “Packaged bee” means any bee shipped in a combless package.
Md. Code, Insurance § 5-1003 — MD Code / Article gin / Title 5 / Subtitle 10 / Section 5-1003
§5–1003.
Status: in_force

(a) (1) Subject to § 5-1004 of this subtitle and except as provided under § 5-1005 of this subtitle, an insurer may not retain a risk on any one subject of insurance, whether located or to be performed in the State or outside of the State, in an amount exceeding 10% of the insurer’s surplus to policyholders.

(2) An insurer’s surplus to policyholders shall be determined at the time a risk is assumed from the more recent of:

(i) the last sworn statement of the insurer on file with the Commissioner; or

(ii) the last examination report of the insurer.

(b) In determining the amount of risk retained by an insurer, a deduction shall be made for reinsurance ceded by the insurer for which credit is allowed under § 5-904 of this title.
Md. Code, Land Use § 5-302 — MD Code / Article glu / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) A clerk of the circuit court for the county in which the local jurisdiction is located may not record a subdivision plat unless the plat has been approved by the planning commission for the local jurisdiction in the manner required by law.

(b) A subdivision plat that is recorded without the required approval is limited to the legal effect of an unrecorded plat.
Md. Code, Economic Development § 5-1605 — MD Code / Article gec / Title 5 / Subtitle 16 / Section 5-1605
§5–1605.
Status: in_force

(a) There is a Make Office Vacancies Extinct Matching Fund.

(b) The purpose of the Fund is to provide matching funds to reduce vacant office space in counties of the State that provide comparable support to new businesses.

(c) The Secretary shall administer the Fund.

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

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

(e) The Fund consists of:

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

(2) money recaptured from businesses that fail to fulfill the terms and conditions of a grant made from the Program;

(3) interest earnings of the Fund; and

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

(f) The Fund may be used only for:

(1) matching grants that counties provide to eligible businesses under comparable vacancy reduction programs; and

(2) administrative expenses of the Program.

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

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

(h) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Family Law § 5-704 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

(a) Notwithstanding any other provision of law, including any law on privileged communications, each health practitioner, police officer, educator, or human service worker, acting in a professional capacity in this State who has reason to believe that a child has been subjected to abuse or neglect:

(1) shall notify the local department or the appropriate law enforcement agency; and

(2) if acting as a staff member of a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, shall immediately notify and give all information required by this section to the head of the institution or the designee of the head.

(b) (1) An individual who notifies the appropriate authorities under subsection (a) of this section shall make:

(i) an oral report, by telephone or direct communication, as soon as possible to the local department or appropriate law enforcement agency; and

(ii) a written report:

1. to the local department not later than 48 hours after the contact, examination, attention, or treatment that caused the individual to believe that the child had been subjected to abuse or neglect; and

2. with a copy to the local State’s Attorney.

(2) (i) An agency to which an oral report of suspected abuse or neglect is made under paragraph (1) of this subsection shall immediately notify the other agency.

(ii) This paragraph does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.

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

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

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

(3) the whereabouts of the child;

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

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

(i) the cause of the suspected abuse or neglect; and

(ii) the identity of any individual responsible for the abuse or neglect.
Md. Code, Family Law § 5-2A-04 — MD Code / Article gfl / Title 5 / Subtitle 2A / Section 5-2A-04
§5–2A–04.
Status: in_force

On the issuance of an order granting authorization to marry, the clerk of the court shall provide a certified copy of the order to the petitioner.
Md. Code, Natural Resources § 5-9A-04 — MD Code / Article gnr / Title 5 / Subtitle 9A / Section 5-9A-04
§5–9A–04.
Status: reserved

(a) The Board has and may exercise all powers necessary to carry out the purposes of this subtitle.

(b) (1) The Board may adopt regulations to implement the purposes of this subtitle, including procedures for expediting acquisitions and purchasing and selling transferable development rights and using the proceeds related to purchasing and selling transferable development rights in accordance with this subtitle and local law.

(2) The authority granted under this subsection may not be construed to permit adoption of a regulation applicable to land that is not subject to an easement under this subtitle.

(c) (1) The Board shall establish a method for appraisal of real property interests acquired under this subtitle.

(2) Any method for appraisal established by the Board may not include a value for any resource used or reserved by the owner for private economic benefit.

(d) The Board and sponsors may enter into agreements with other governmental agencies, including the Maryland Agricultural Land Preservation Foundation and the Maryland Environmental Trust, for the purpose of establishing partnerships to carry out this Program.
Md. Code, Courts and Judicial Proceedings § 5-110 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-110
§5–110.
Status: in_force

An action to enforce any criminal or civil liability created under Title 4 of the General Provisions Article may be brought within two years from the date on which the cause of action arises, except that if the defendant has materially and willfully misrepresented any information required under those sections to be disclosed to a person and the information so misrepresented is material to the establishment of liability of the defendant to the person under those sections, the action may be brought at any time within two years after discovery by the person of the misrepresentation.
Md. Code, Economic Development § 5-1702 — MD Code / Article gec / Title 5 / Subtitle 17 / Section 5-1702
§5–1702.
Status: in_force

(a) There is a Business Telework Assistance Grant Program in the Department.

(b) The purpose of the Program is to assist and support businesses in implementing telework policies for their employees.

(c) A grant awarded under the Program may be used to purchase hardware, software, or any other technical equipment or technical services necessary for a business to implement a telework policy.

(d) (1) To qualify for a grant under the Program, a business must develop a telework policy that conforms to the best practices established by the Office of Telework Assistance under Title 3, Subtitle 6 of this article.

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

(i) describes how the grant funding was used;

(ii) includes the telework policy that was implemented using the grant funding; and

(iii) includes any invoices related to the implementation of the telework policy.

(e) (1) In awarding a grant, the Department shall:

(i) prioritize awarding grants to small businesses; and

(ii) consider:

1. the number of employees in the business; and

2. the assistance needed for the business to implement a telework policy.

(2) The Department may require a grant recipient that fails to fulfill the requirements of the grant to return all or part of the grant to the Program.

(f) The Secretary shall adopt regulations necessary to carry out this section.
Md. Code, Economic Development § 5-204 — MD Code / Article gec / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

The Department shall adopt regulations to carry out this subtitle.
Md. Code, Public Safety § 5-117 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-117
§5–117.
Status: in_force

A person must submit a firearm application in accordance with this subtitle before the person purchases, rents, or transfers a regulated firearm.
Md. Code, Public Safety § 5-205 — MD Code / Article gps / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) This subtitle does not apply to a rifle or shotgun that is an antique firearm as defined in § 4–201 of the Criminal Law Article.

(b) A person may not possess a rifle or shotgun if the person:

(1) has been convicted of a disqualifying crime as defined in § 5–101 of this title;

(2) has been convicted of a violation classified as a crime under common law and received a term of imprisonment of more than 2 years;

(3) is a fugitive from justice;

(4) is a habitual drunkard as defined in § 5–101 of this title;

(5) is addicted to a controlled dangerous substance or is a habitual user as defined in § 5–101 of this title;

(6) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article and has a history of violent behavior against the person or another;

(7) has been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article;

(8) has been found not criminally responsible under § 3–110 of the Criminal Procedure Article;

(9) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article;

(10) has been involuntarily committed to a facility as defined in § 10–101 of the Health – General Article;

(11) is under the protection of a guardian appointed by a court under § 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability;

(12) except as provided in subsection (c) of this section, is a respondent against whom:

(i) a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or

(ii) an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; or

(13) if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.

(c) This section does not apply to:

(1) a person transporting a rifle or shotgun if the person is carrying a civil protective order requiring the surrender of the rifle or shotgun and:

(i) the rifle or shotgun is unloaded;

(ii) the person has notified the law enforcement unit, barracks, or station that the rifle or shotgun is being transported in accordance with the civil protective order; and

(iii) the person transports the rifle or shotgun directly to the law enforcement unit, barracks, or station; or

(2) the carrying or transporting of a rifle or shotgun by a person who is carrying a court order requiring the surrender of the rifle or shotgun, if:

(i) the rifle or shotgun is unloaded;

(ii) the person has notified a law enforcement unit, barracks, or station that the rifle or shotgun is being transported in accordance with the order; and

(iii) the person transports the rifle or shotgun directly to a State or local law enforcement agency or a federally licensed firearms dealer.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

(e) A person who is disqualified from owning a rifle or shotgun under subsection (b)(6), (7), (8), (9), (10), or (11) of this section may seek relief from the disqualification in accordance with § 5–133.3 of this title.
Md. Code, Courts and Judicial Proceedings § 5-712 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-712
§5–712.
Status: in_force

(a) In this section, “Board” means the State Board of Examiners in Optometry.

(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, Corporations and Associations § 5-6B-14 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-14
§5–6B–14.
Status: in_force

The fact that economic activity is organized under this subtitle may not cause the activity to be deemed a conspiracy or combination in restraint of trade or an illegal monopoly, or an attempt to lessen competition or fix prices arbitrarily.
Md. Code, Natural Resources § 5-1202.1 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1202.1
§5–1202.
Status: in_force

§5–1202.1.

For purposes of this subtitle, the Hart-Miller-Pleasure Island chain in Baltimore County is an open area.
Md. Code, Business Regulation § 5-312 — MD Code / Article gbr / Title 5 / Subtitle 3 / Section 5-312
§5–312.
Status: in_force

(a) (1) Except as otherwise provided in § 10-226 of the State Government Article, before the Director takes a final action under this subtitle, the Director shall provide the person against whom the action is contemplated notice of the Director’s proposed action and the opportunity to request a hearing before the Director.

(2) A person shall file a request for a hearing not later than 30 days after the date the notice provided under paragraph (1) of this subsection is mailed.

(b) The Director shall provide notice and conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The Director may administer oaths in connection with a proceeding under this section.

(d) The hearing notice provided to the person under subsection (a)(1) of this section shall be sent by certified mail to the last known address of the person at least 10 days before the hearing.

(e) If a hearing is not requested within the time period specified under subsection (a)(2) of this section or if the person fails to appear for the hearing after requesting a hearing, the proposed action of the Director shall be affirmed.

(f) The person may be represented at the hearing by counsel.

(g) (1) The Director may issue subpoenas in connection with a proceeding under this section.

(2) If a person fails to comply with a subpoena issued under this subsection, on petition of the Director, a circuit court may compel compliance with the subpoena.

(h) If, after a hearing, the proposed action by the Director is upheld, the appellant shall pay the hearing costs, as specified by the Office in its regulations.
Md. Code, Business Occupations and Professions § 5-101 — MD Code / Article gbo / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Apprentice” means an individual who is learning to practice cosmetology or any limited practice of cosmetology in a beauty salon that holds a beauty salon permit under the supervision of:

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

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

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

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

(c) (1) “Beauty salon” means any commercial establishment, except a barbershop, in which an individual practices cosmetology.

(2) “Beauty salon” includes a mobile beauty salon.

(3) “Beauty salon” does not include a clinic in a cosmetology school.

(d) “Beauty salon permit” means a permit issued by the Board to operate a beauty salon.

(e) “Board” means the State Board of Cosmetologists.

(f) “Cosmetologist” means an individual who practices cosmetology.

(g) “Hairstylist” means an individual who provides hair services.

(h) “Hairstylist – blow dry technician” means an individual who provides hair services – blow drying;

(i) (1) “License” means, unless the context requires otherwise, a license issued by the Board.

(2) “License” includes, unless the context requires otherwise, each of the following licenses:

(i) a license to practice cosmetology;

(ii) a license to practice as a senior cosmetologist;

(iii) a limited license to provide esthetic services;

(iv) a limited license to provide hair services;

(v) a limited license to provide hair services – blow drying;

(vi) a limited license to provide nail technician services; and

(vii) a limited license to provide eyelash extension services.

(j) “Licensed cosmetologist” means, unless the context requires otherwise, a cosmetologist who is licensed by the Board to practice cosmetology.

(k) “Licensed senior cosmetologist” means a person who:

(1) has at least 2 years of experience as a licensed cosmetologist; and

(2) has passed a test approved by the Board.

(l) (1) “Limited license” means a license issued by the Board to practice cosmetology as limited in § 5–301 of this title.

(2) “Limited license” includes, unless the context requires otherwise, each of the following licenses:

(i) a limited license to provide esthetic services;

(ii) a limited license to provide hair services;

(iii) a limited license to provide hair services – blow drying;

(iv) a limited license to provide nail technician services; and

(v) a limited license to provide eyelash extension services.

(m) “Mobile beauty salon” means a beauty salon that is located in a motor vehicle or a trailer that is designed, constructed, and equipped as a place for an individual to practice cosmetology and for use as a conveyance on highways.

(n) (1) “Practice cosmetology” means to engage in any of the following for compensation:

(i) providing hair services;

(ii) arching or dyeing eyebrows;

(iii) dyeing eyelashes;

(iv) providing esthetic services;

(v) providing nail technician services; or

(vi) providing eyelash extension services.

(2) The practice of cosmetology does not include:

(i) the mere sale, fitting, or styling of wigs or hairpieces;

(ii) the mere shampooing of hair; or

(iii) a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by hand or mechanical device, provided that the service does not include the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair.

(o) (1) “Provide esthetic services” means to provide to an individual, for compensation, the service of:

(i) cleansing, exercising, exfoliating, massaging, cosmetic microneedling, stimulating, toning, or performing any other similar procedure on the skin or scalp by electrical, mechanical, or any other means;

(ii) applying to the face, body, or scalp an alcohol, cream, lotion, astringent, or cosmetic preparation;

(iii) removing superfluous hair by the use of electrical, mechanical, or any means other than by the use of a laser light–based device; or

(iv) providing eyelash extension services.

(2) “Provide esthetic services” includes:

(i) applying eyelash extensions;

(ii) performing superficial exfoliation treatments of the epidermis using professional and other commercially available products or devices;

(iii) performing treatments for the relaxation, hydration, contouring, and beautification of the face, skin, body, eyelashes, or eyebrows; and

(iv) performing nonablative skin rejuvenation.

(3) “Provide esthetic services” does not include:

(i) the diagnosis of illness, disease, or injury; or

(ii) performing ablation of the dermis or hypodermis.

(p) “Provide eyelash extension services” means to provide to an individual, for compensation, the service of:

(1) cleaning the eye area;

(2) applying:

(i) eyelash primers and adhesives;

(ii) eyelash extensions; and

(iii) sealant; or

(3) drying the eye area for eyelash extensions.

(q) “Provide hair services” means to provide to an individual for compensation the service of beautifying, cleaning, or embellishing the hair of the individual by:

(1) arranging the hair;

(2) bleaching the hair;

(3) cleansing the hair;

(4) coloring the hair;

(5) curling the hair;

(6) cutting the hair;

(7) dressing the hair;

(8) singeing the hair;

(9) permanent waving the hair;

(10) waving the hair; or

(11) performing any other similar procedure intended to beautify, clean, or embellish the hair.

(r) “Provide hair services – blow drying” means to provide to an individual for compensation the service of beautifying, cleaning, or arranging the hair of the individual by:

(1) arranging the hair;

(2) cleansing the hair;

(3) curling the hair;

(4) dressing the hair;

(5) blow drying the hair;

(6) singeing the hair; or

(7) performing any other similar procedure intended to beautify, clean, or arrange the hair.

(s) “Provide nail technician services” means to provide to an individual, for compensation, the service of:

(1) manicuring or pedicuring the individual’s nails;

(2) applying artificial nail enhancement products; or

(3) maintaining artificial nail enhancement products.
Md. Code, Public Safety § 5-121 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-121
§5–121.
Status: in_force

(a) On receipt of a firearm application, the Secretary shall conduct an investigation promptly to determine the truth or falsity of the information supplied and statements made in the firearm application.

(b) In conducting an investigation under this subsection, the Secretary may request the assistance of the Police Commissioner of Baltimore City, the chief of police in any county maintaining a police force, or the sheriff in a county not maintaining a police force.
Md. Code, Family Law § 5-550 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-550
§5–550.
Status: in_force

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

(b) “Authorized agency” means a State, county, or municipal government agency.

(c) “Central Repository” means the Criminal Justice Information System Central Repository of the Department.

(d) “Conviction” means a plea or verdict of guilty or a plea of nolo contendere.

(e) “Criminal history records check” means a records check of the criminal history record information maintained by the Central Repository or the Federal Bureau of Investigation.

(f) “Department” means the Department of Public Safety and Correctional Services.

(g) (1) “Employee” means a person that for compensation is employed to work in a facility identified in § 5–551 of this subtitle and who:

(i) cares for or supervises children in the facility; or

(ii) has access to children who are cared for or supervised in the facility.

(2) “Employee” includes:

(i) a person who:

1. participates in a pool described in subsection (h)(2) of this section;

2. for compensation will be employed on a substitute or temporary basis to work in a facility identified in § 5–551(a)(1) or (2) of this subtitle; and

3. will care for or supervise children in the facility or will have access to children who are cared for or supervised in the facility; and

(ii) a contractor or subcontractor who will have direct, unsupervised, and uncontrolled access to children in a facility identified in § 5–551(a) of this subtitle.

(3) “Employee” does not include any person employed to work for compensation by the Department of Juvenile Services.

(h) (1) “Employer” means an owner, operator, proprietor, or manager of a facility identified in § 5–551 of this subtitle who has frequent contact with children who are cared for or supervised in the facility.

(2) For purposes of §§ 5–551(f), 5–554(1), 5–555(b) and (e), and 5–557 of this subtitle, “employer” includes a child care resource and referral center, an association of registered family child care providers, and an association of licensed child care centers to the extent that the center or association establishes and maintains a pool of individuals who are qualified to work as substitute or temporary employees in a facility identified in § 5–551(a)(1) or (2) of this subtitle.

(3) “Employer” does not include a State or local agency responsible for the temporary or permanent placement of children in a facility identified in § 5–551 of this subtitle.

(i) “Local department” has the meaning stated in § 1–101(h) of this article.

(j) “Private entity” means a nongovernmental agency, organization, or employer.

(k) “Secretary” means the Secretary of Public Safety and Correctional Services.
Md. Code, General Provisions § 5-210 — MD Code / Article ggp / Title 5 / Subtitle 2 / Section 5-210
§5–210.
Status: in_force

(a) (1) There is a Lobbyist Registration Fund.

(2) The Fund consists of all fees collected under Subtitle 7 of this title.

(b) (1) The Fund is a continuing, nonlapsing fund.

(2) Any balance remaining in the Fund at the end of any fiscal year shall revert to the General Fund of the State.

(c) (1) (i) The State Treasurer shall hold the Fund separately.

(ii) The Comptroller shall account for the Fund.

(2) The Fund shall be invested and reinvested in the same manner as other State funds.

(3) Expenditures from the Fund shall be made in accordance with an appropriation approved by the General Assembly in the annual budget.

(d) The Fund shall be used to defray the expenses of administering Subtitle 7 of this title.
Md. Code, Corporations and Associations § 5-648 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-648
§5–648.
Status: in_force

(a) Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, and certificates of election to dissolve, executed and accompanied by any affidavits required under this subtitle, shall be filed for record with the Department.

(b) On payment of the fees provided for in § 5–649 of this subtitle, the Department shall accept for record any articles or certificate filed with the Department under this section if the Department finds that the articles or certificate conform to the requirements of this subtitle.

(c) The incorporation, amendment, consolidation, merger, conversion, or dissolution provided for in articles of incorporation, amendment, consolidation, merger, conversion, or dissolution is effective as of the time the Department accepts the articles for record.
Md. Code, Family Law § 5-1005 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1005
§5–1005.
Status: in_force

(a) An equity court may determine the legitimacy of a child pursuant to Title 1, Subtitle 2 of the Estates and Trusts Article.

(b) This section does not limit paternity proceedings under this subtitle except after the legitimation of a child under this section.
Md. Code, Labor and Employment § 5-205 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) To carry out a duty or exercise a power under this title, the Commissioner or authorized representative of the Commissioner may:

(1) administer oaths;

(2) certify to an official act; or

(3) depose witnesses.

(b) (1) To administer or enforce this title, the Commissioner or an authorized representative of the Commissioner may issue a subpoena for the attendance of a witness to testify or the production of books, documents, papers, and records.

(2) If a person fails to comply with a subpoena issued under this subsection or fails to testify on any matter on which the person lawfully may be interrogated, on a complaint filed by the Commissioner or an authorized representative of the Commissioner, the circuit court for the county where the person resides or is then present may pass an order directing compliance with the subpoena or compelling testimony.

(c) After consultation with other appropriate units, the Commissioner shall conduct:

(1) education programs to provide an adequate supply of qualified personnel to carry out this title;

(2) informal programs on the importance of and proper use of adequate safety and health equipment; and

(3) training programs of personnel engaged in work related to the responsibilities of the Commissioner under this title.

(d) The Commissioner shall:

(1) provide for establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance and prevention of unsafe or unhealthful working conditions in employment covered by this title; and

(2) consult with and advise employers and employees and organizations representing employers and employees about effective means to prevent occupational injuries and illnesses.

(e) After consultation with other appropriate units, the Commissioner shall conduct demonstrations, experiments, and research that relate to:

(1) occupational safety and health; and

(2) innovative approaches, methods, and techniques to deal with occupational safety and health problems.

(f) On the basis of demonstrations, experiments, research, and other available information, the Commissioner shall develop criteria for exposure to toxic materials and harmful physical agents at levels that are safe for various periods of employment, including levels at which no employee will suffer impaired health or functional capacity or diminished life expectancy as a result of work experience.

(g) The Commissioner shall:

(1) develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics; and

(2) compile accurate statistics on:

(i) work–related illnesses that are disabling, serious, or significant; and

(ii) work–related injuries, whether or not involving loss of time from work, other than minor injuries that require only first aid treatment and do not involve loss of consciousness, medical treatment, restriction of motion or work, or transfer to another job.

(h) With the consent of a public body, the Commissioner may use an employee, facility, or service of the public body, with or without reimbursement, to help the Commissioner carry out a function under this title.

(i) (1) The Commissioner shall inspect, investigate, and review work practices and work sites of each employer and industry for evidence of excessive safety violations based on information made available by the Workers’ Compensation Commission under § 9–707 of this article.

(2) If evidence of an excessive safety violation is found, the Commissioner shall seek appropriate relief under Subtitle 8 of this title.

(3) Subject to § 2–1257 of the State Government Article, the Commissioner shall submit to the General Assembly an annual report of investigations under this subsection.

(j) Whenever the Commissioner has reason to believe that a person has violated any provision of this title for which criminal prosecution is provided, the Commissioner shall refer the alleged violation to the State’s Attorney of the county where the violation allegedly occurred or the person resides.

(k) The Commissioner shall:

(1) assist employers in carrying out their responsibilities under this title; and

(2) recommend and suggest to employers and groups of employers methods and procedures to develop safety programs to carry out those responsibilities.

(l) On behalf of the Commissioner, the Safety Engineering and Education Service shall:

(1) investigate and analyze the causes of industrial and occupational accidents; and

(2) plan and conduct courses and programs that the service designs to reduce accidents.

(m) In addition to any duties set forth elsewhere, each safety inspector shall be responsible for enforcement of safety codes in construction and any other hazardous industry in the State.

(n) In addition to any other authority the Commissioner may exercise under this title, if, as a result of the exercise of the Commissioner’s authority under the provisions of this title, the Commissioner has reason to believe that a health care provider required under the Health Occupations Article to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions is not complying with those provisions, the Commissioner shall refer that suspected violation to the health care provider’s licensing board.

(o) (1) In addition to any other authority the Commissioner may exercise under this title, if, as a result of the exercise of the Commissioner’s authority under the provisions of this title, the Commissioner has reason to believe that an employee or member of the medical staff involved in patient care services of the hospital, related institution, freestanding medical facility, or freestanding birthing center is not complying with the Centers for Disease Control and Prevention’s guidelines on universal precautions, the Commissioner shall refer that suspected violation to the chief executive officer of the hospital, related institution, freestanding medical facility, or freestanding birthing center.

(2) In addition to any other authority the Commissioner may exercise under this title, if, as a result of the exercise of the Commissioner’s authority under the provisions of this title, the Commissioner has reasons to believe that a hospital, related institution, freestanding medical facility, or freestanding birthing center is demonstrating a willful and systematic disregard for the Centers for Disease Control and Prevention’s guidelines on universal precautions, the Commissioner shall refer that suspected violation to:

(i) the Maryland Department of Health; and

(ii) the chief executive officer of the hospital, related institution, freestanding medical facility, or freestanding birthing center.

(p) In addition to any other authority the Commissioner may exercise under this title, the Commissioner shall enforce §§ 3–1603, 3–1605, and 3–1607 of this article.
Md. Code, State Finance and Procurement § 5A-314 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-314
§5A–314.
Status: in_force

(a) The Board shall elect annually a chair, a vice chair, and a treasurer from among its trustees.

(b) The Board shall determine how its officers are to be elected.
Md. Code, Financial Institutions § 5-203 — MD Code / Article gfi / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

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

(2) “Branch” means a deposit–taking office of a banking institution other than the main office as defined by the Federal Deposit Insurance Corporation.

(3) “De novo branch” has the meaning stated in § 5–1001 of this title.

(4) “Deposit growth cap” means the year–over–year percentage change of domestic office deposits as reported on December 31 each year by the Federal Deposit Insurance Corporation in the Federal Deposit Insurance Corporation quarterly bank profile.

(5) “Deposits” means deposits originated and housed at a branch located in a low– to moderate–income tract as reported by a banking institution to the Federal Deposit Insurance Corporation each year as of June 30.

(6) “Low– to moderate–income tract” means a census tract delineated by the U.S. Bureau of the Census in the most recent decennial census as published by the Federal Financial Institutions Examination Council that corresponds to low– to moderate–income level classifications as defined by the regulation of the Federal Reserve Board implementing the federal Community Reinvestment Act, 12 C.F.R. 228.12.

(b) The Commissioner shall impose annual assessments on each banking institution as provided in this section, to cover the expense of regulating banking institutions.

(c) (1) Except as provided in paragraph (2) of this subsection, the Commissioner shall assess each banking institution the sum of:

(i) $8,000; plus

(ii) 1. 12 cents for each $1,000 of the assets of the institution over $50,000,000, but not more than $250,000,000;

2. 10 cents for each $1,000 of assets over $250,000,000, but not more than $500,000,000;

3. 9 cents for each $1,000 of assets over $500,000,000, but not more than $1,000,000,000;

4. 8 cents for each $1,000 of assets over $1,000,000,000, but not more than $10,000,000,000; and

5. 7 cents for each $1,000 of assets over $10,000,000,000.

(2) If a banking institution is not in the business of accepting deposits or retaining funds in a deposit account as defined in § 5–509 of this title, the Commissioner shall assess the banking institution the sum of:

(i) $5,000; plus

(ii) 1. 0.3 cents for each $1,000 of managed assets held in a fiduciary capacity up to $5,000,000,000;

2. 0.2 cents for each $1,000 of managed assets held in a fiduciary capacity over $5,000,000,000, but not more than $20,000,000,000;

3. 0.1 cent for each $1,000 of managed assets held in a fiduciary capacity over $20,000,000,000 up to $27,500,000,000;

4. 0.2 cents for each $1,000 of nonmanaged and custodial assets held in a fiduciary capacity up to $5,000,000,000; and

5. 0.1 cent for each $1,000 of nonmanaged and custodial assets held in a fiduciary capacity over $5,000,000,000 up to $20,000,000,000.

(3) The assessments shall be based on assets stated in a banking institution’s most recent financial report.

(d) A well–capitalized banking institution with a composite CAMELS rating of 1 or 2 may file with the Commissioner a request for an assessment offset credit of:

(1) 12 cents for each $1,000 of deposits in a de novo branch located in a low– to moderate–income tract for the first 5 years after the date the branch opened; or

(2) 6 cents for each $1,000 of deposits in a branch located in a low– to moderate–income tract not to exceed the deposit growth cap.

(e) Notwithstanding subsection (c) of this section, for a banking institution with a composite CAMELS rating of 3, 4, or 5 for its most recent examination, the annual assessment imposed under this section shall be increased by an additional 25%.

(f) A banking institution shall pay the assessment imposed under this section to the Commissioner on or before the April 15 after it is imposed.

(g) The Commissioner may designate a successor index for:

(1) The low– to moderate–income tract if the Federal Financial Institutions Examination Council tract income level data is no longer published; or

(2) The deposit growth cap if the Federal Deposit Insurance Corporation report of domestic office deposits is no longer published.
Md. Code, Economic Development § 5-339 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-339
§5–339.
Status: in_force

This part does not affect:

(1) the planning and zoning authority of a county or municipal corporation; or

(2) any provision of the Environment Article.
Md. Code, Economic Development § 5-1203 — MD Code / Article gec / Title 5 / Subtitle 12 / Section 5-1203
§5–1203.
Status: in_force

The Program shall provide assistance to qualifying nonprofit entities, including:

(1) operation of an information exchange governing current and new technical information and data about all aspects of nonprofit management, including:

(i) nonprofit start–up;

(ii) budgeting and financial management;

(iii) facilities development and management;

(iv) board development;

(v) organizational development and strategic planning;

(vi) marketing;

(vii) federal and State contracting and grant making;

(viii) individual, corporate, and foundation fund–raising;

(ix) volunteer management;

(x) personnel management;

(xi) federal and State tax law and regulations;

(xii) federal and State law and regulations governing charitable solicitations;

(xiii) federal and State regulations applicable to licensing or accreditation;

(xiv) federal and State financing programs; and

(xv) information technology; and

(2) individual consultation and technical assistance to any qualifying nonprofit entity that requests the service, including assistance on any of the subjects identified in item (1) of this section.
Md. Code, Courts and Judicial Proceedings § 5-504 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

The Alcohol Beverage Services for Montgomery County shall be:

(1) Immune from all suits for damages; and

(2) Subject to suit only for the enforcement of contracts made by the Alcohol Beverage Services for Montgomery County.
Md. Code, Courts and Judicial Proceedings § 5-403.1 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-403.1
§5–403.
Status: in_force

§5–403.1.

(a) In this section, “sport shooting range” means an area designed and used for trapshooting, skeetshooting, or other target shooting.

(b) This section applies only to private nuisance actions and does not apply to public nuisance actions.

(c) If there has been no shooting activity at a sport shooting range for a period of 3 consecutive years, the date of resumption of shooting activity is considered the date of the establishment of a sport shooting range for purposes of this section.

(d) (1) Except as provided in paragraph (2) of this subsection, a person may not bring a civil nuisance action for noise against a person who owns, operates, or uses a sport shooting range located within the vicinity of the property of the person bringing the action if the sport shooting range was established as of the date the person acquired the property.

(2) This section may not be construed to limit a nuisance action against a sport shooting range established on or after June 1, 1997.
Md. Code, Natural Resources § 5-909 — MD Code / Article gnr / Title 5 / Subtitle 9 / Section 5-909
§5–909.
Status: in_force

(a) In this section, “Fund” means the Natural Resources Property Maintenance Fund.

(b) There is a Natural Resources Property Maintenance Fund in the Department.

(c) The Department shall administer the Fund.

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

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

(e) The Fund consists of:

(1) Money appropriated in the State budget to the Fund;

(2) Revenue deposited into the Fund in accordance with § 5–908.1(b) of this subtitle;

(3) Interest earnings; and

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

(f) The Fund may be used only for:

(1) Maintaining, repairing, and managing property owned by the Department;

(2) Managing, operating, maintaining, and developing Somers Cove Marina; and

(3) Administrative expenses calculated in accordance with § 1–103(b)(2) of this article.

(g) (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.

(h) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Family Law § 5-604 — MD Code / Article gfl / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this section and with the applicable laws of the receiving state governing the placement of children therein.

(b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:

(1) the name, date and place of birth of the child.

(2) the identity and address or addresses of the parents or legal guardian.

(3) the name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child.

(4) a full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to subsection (b) of this section may request of the sending agency, or any other appropriate officer or agency of or in the sending agency’s state, and shall be entitled to receive therefrom such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.
Md. Code, Natural Resources § 5-301 — MD Code / Article gnr / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

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

(b) “Approved practice” includes:

(1) Planting;

(2) Seeding;

(3) Timber stand improvement;

(4) Prescribed burning;

(5) Site preparation; and

(6) Other forest resource development practices required of an applicant.

(c) “Cost-share assistance” means partial financial assistance in amounts as the Department determines, subject to limitations of this subtitle.

(d) “Department” means the Department of Natural Resources.

(e) (1) “Eligible landowner” means an individual, group, or corporation that owns private woodland in the State.

(2) “Eligible landowner” does not include a corporation or a subsidiary of a corporation that:

(i) Manufactures forest products; or

(ii) Provides utility services and is capable of producing crops of commercial timber.

(f) “Secretary” means the Secretary of Natural Resources.

(g) “Mel Noland Woodland Incentives and Fellowship Fund” means the special fund established in the State Treasury under § 5–307 of this subtitle.
Md. Code, General Provisions § 5-521 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-521
§5–521.
Status: in_force

(a) The Joint Ethics Committee may make a finding developed from:

(1) information presented during the hearing;

(2) the allegation summary and any amendments to it;

(3) the written answer of the accused legislator to the allegation summary, if any; and

(4) any other information provided to the Joint Ethics Committee and made available to the accused legislator.

(b) Consistent with the purposes of this title, the Joint Ethics Committee may establish criteria for making a finding in its written procedures established under § 5–520(a) of this subtitle.

(c) If the Joint Ethics Committee makes a finding under this section, the Joint Ethics Committee shall:

(1) terminate the proceeding against the accused legislator; or

(2) issue any recommendations to the presiding officer of the house of the accused legislator or to the full house of the accused legislator, including any recommendations for appropriate sanctions.
Md. Code, Financial Institutions § 5-610 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

As long as an examiner is in possession of any banking institution, the Commissioner may permit the institution to reopen under the conditions that the Commissioner approves and take the steps necessary to wind up any pending court proceeding.
Md. Code, Family Law § 5-706.1 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-706.1
§5–706.
Status: in_force

§5–706.1.

(a) Within 30 days after the completion of an investigation in which there has been a finding of indicated or unsubstantiated abuse or neglect, the local department shall notify in writing the individual alleged to have abused or neglected a child:

(1) of the finding;

(2) of the opportunity to appeal the finding in accordance with this section; and

(3) if the individual has been found responsible for indicated abuse or neglect, that the individual may be identified as responsible for abuse or neglect in the centralized confidential database under the circumstances specified in § 5–714(d) of this subtitle.

(b) (1) In the case of a finding of indicated abuse or neglect, an individual may request a contested case hearing to appeal the finding in accordance with Title 10, Subtitle 2 of the State Government Article by responding to the notice of the local department in writing within 60 days.

(2) Unless the individual and the department agree on another location, a contested case hearing shall be held in the jurisdiction in which the individual alleged to have abused or neglected a child resides.

(3) (i) If a criminal proceeding is pending on charges arising out of the alleged abuse or neglect, the Office of Administrative Hearings shall stay the hearing until a final disposition is made.

(ii) If after final disposition of the criminal charge, the individual requesting the hearing is found guilty of any criminal charge arising out of the alleged abuse or neglect, the Office of Administrative Hearings shall dismiss the administrative appeal.

(4) (i) If a CINA case is pending concerning a child who has been allegedly abused or neglected by the appellant or a child in the care, custody, or household of the appellant, the Office of Administrative Hearings shall stay the hearing until the CINA case is concluded.

(ii) After the conclusion of the CINA case, the Office of Administrative Hearings shall vacate the stay and schedule further proceedings in accordance with this section.

(c) (1) In the case of a finding of unsubstantiated abuse or neglect, an individual may request a conference with a supervisor in the local department by responding to the notice of the local department in writing within 60 days.

(2) In response to a timely request for a conference, a local department supervisor shall schedule a conference, to occur within 30 days after the supervisor receives the request, to allow the individual an opportunity to review the redacted record and request corrections or to supplement the record.

(3) Within 10 days after the conference, the local department shall send to the individual:

(i) a written summary of the conference and of any modifications to be made in the record; and

(ii) notice of the individual’s right to request a contested case hearing in accordance with paragraph (4) of this subsection.

(4) (i) The individual may request a contested case hearing in accordance with subsection (b) of this section to appeal the outcome of the conference by responding to the summary in writing within 60 days.

(ii) If the individual does not receive the written summary and notice specified in paragraph (3) of this subsection within 20 days, the individual may request a contested case hearing.

(iii) An individual may request a contested case hearing in the case of a finding of unsubstantiated abuse or neglect only as provided in this paragraph.

(d) In the case of an unexpunged finding of indicated or unsubstantiated abuse or neglect made prior to June 1, 1999, the local department shall provide the individual with an opportunity to appeal the finding in accordance with this section if the individual:

(1) requests such an appeal;

(2) has not been offered an opportunity to request a contested case hearing; and

(3) has not been found guilty of any criminal charge arising out of the alleged abuse or neglect.
Md. Code, Natural Resources § 5-904 — MD Code / Article gnr / Title 5 / Subtitle 9 / Section 5-904
§5–904.
Status: in_force

(a) (1) Each year the Department, in consultation with the Department of Planning, shall prepare a list of recommended State projects for funding under this program for the next fiscal year.

(2) In preparing the list, the Department shall give priority to properties in targeted areas.

(3) Prior to submitting the list to the Department of Budget and Management for inclusion in the budget, the legislators from the district within which the Department is proposing a State acquisition project shall be given an opportunity to review and comment on the project.

(4) The list shall be submitted to the General Assembly in a manner similar to other capital projects as provided in Title 3, Subtitle 6 of the State Finance and Procurement Article.

(5) (i) The Department, for each project recommended under this subsection, shall consider whether it is feasible to provide public access to the recreational and open space site.

(ii) When considering whether it is feasible to provide public access to a site under this paragraph, the Department may consider:

1. The availability of funds available under this program or from other sources to provide public access to the site;

2. Public safety and liability issues if public access were provided to the site;

3. Whether the site was acquired as a part of a larger recreational and open space project that is not yet completed and ready for public access; and

4. The existence of a contractual commitment on the site that would limit public access for a period of time, including a home, agricultural, or hunting lease.

(b) (1) There is an Advance Option and Purchase Fund.

(2) A portion of funds available under this program for State projects may be appropriated in the State budget for the Advance Option and Purchase Fund.

(3) (i) The Department may use funds available in the Advance Option and Purchase Fund to obtain options to purchase lands in targeted areas or to otherwise purchase land.

(ii) Notwithstanding the provisions of § 10–306 of the State Finance and Procurement Article, any money received by the State as consideration for property acquired under this subtitle shall be deposited in the Advance Option and Purchase Fund.

(4) Funds available in the Advance Option and Purchase Fund shall be allocated in the following order of priority:

(i) First to obtain an option on any parcel of land in a targeted area in advance of purchase, or to purchase a specific tract of land in a targeted area; and

(ii) Then to purchase property on which an option has been obtained or any other parcel of land.

(5) (i) Before the Department makes an expenditure from the Advance Option and Purchase Fund, the Department shall submit the proposed expenditure with complete supporting documentation to the budget committees of the General Assembly for review and comment by those committees.

(ii) The budget committees have 45 days after receipt of the documentation to submit comments to the Board of Public Works.

(6) Any expenditure of funds from the Advance Option and Purchase Fund is subject to the approval of the Board of Public Works.

(c) (1) There is a Bay Access Areas Fund.

(2) A portion of the funds available under this program for State projects may be appropriated in the State budget for the Bay Access Areas Fund.

(3) The Department may use funds available in the Bay Access Areas Fund to:

(i) Purchase sites that provide public access to a body of water; or

(ii) Enhance public access to a body of water on an existing recreational and open space site.

(4) In purchasing sites under this subsection, the Department shall give preference to sites that:

(i) 1. Are directly on the bay; or

2. Are on a tributary of the bay and are near the bay;

(ii) Are near a population center;

(iii) Are readily accessible by the public; and

(iv) Would fulfill a need for public water access identified in the Maryland Land Preservation and Recreation Plan or a local land preservation and recreation plan.

(5) (i) Before the Department makes an expenditure from the Bay Access Areas Fund, the Department shall submit the proposed expenditure with complete supporting documentation to the budget committees of the General Assembly for review and comment by those committees.

(ii) The budget committees have 45 days after receipt of the documentation to submit comments to the Board of Public Works.

(6) Any expenditure of funds from the Bay Access Areas Fund is subject to the approval of the Board of Public Works.

(d) (1) The Department and the Maryland Environmental Trust, with the approval of the Board of Public Works, may:

(i) Use State project funds under Program Open Space to contribute towards, or reimburse the Department of Transportation for, a portion of the costs of acquiring any fee titles, restrictive covenants, or conservation easements for which the Department of Transportation spends federal funds for transportation enhancements, as defined in Title 23, United States Code, §§ 101(a) and 133; and

(ii) Acquire the fee titles, restrictive covenants, or conservation easements from the Department of Transportation or any of its agents.

(2) State project funds under Program Open Space may be used to contribute toward, or reimburse the Department of Transportation for, a portion of the costs of acquiring any fee titles, as specified in paragraph (1) of this subsection, only for acquisitions that are contained in the most current consolidated transportation plan of the State.

(e) (1) Regarding any proposed acquisition of real property for the use of the Department after June 30, 1995, the Department may submit to the Board of Public Works for approval at the same time as the acquisition, a plan for subsequent disposition of any portion of the real property.

(2) When disposing of property pursuant to a plan approved under paragraph (1) of this subsection, the Department shall impose any restrictive covenants or conservation easements on the property that the Department deems necessary to protect natural features or to assure that uses of the property will be compatible with any adjacent property held by the Department. Prior to disposing of the property, the Department shall notify and consider any comments from the local jurisdiction in which the property is located. Right of first refusal to purchase the property from the Department belongs first to the municipal corporation in which the property is located, if any, and second to the county in which the property is located.

(3) Property conveyed pursuant to a plan for disposition approved under paragraph (1) of this subsection is not excess real property under § 5–310 of the State Finance and Procurement Article.
Md. Code, Family Law § 5-3B-08 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-08
§5–3B–08.
Status: in_force

(a) A court may order an adoptive parent to pay, wholly or partly, reasonable fees for a former parent’s:

(1) independent counsel; or

(2) adoption counseling or guidance for a reasonable time.

(b) Except as provided in subsection (a) of this section, a court may assign among the parties to a case under this subtitle counsel fees, counseling or guidance fees, and costs of testing under § 5-3B-05 of this subtitle, as the court considers appropriate.
Md. Code, Natural Resources § 5-712 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-712
§5–712.
Status: in_force

Compliance with the provisions of Part II of this subtitle is not a bar to recovery of any damage for which any complying person would or might otherwise be liable.
Md. Code, Courts and Judicial Proceedings § 5-1106 — MD Code / Article gcj / Title 5 / Subtitle 11 / Section 5-1106
§5–1106.
Status: in_force

(a) The provisions of this subtitle may not be waived.

(b) Nothing contained in this subtitle may be construed to authorize a transfer of structured settlement payment rights in contravention of applicable law or to give effect to a transfer of structured settlement payment rights that is invalid under applicable law.
Md. Code, State Personnel and Pensions § 5-306 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

Section 5-305 of this subtitle applies to a disclosure that is specifically prohibited by law only if that disclosure is made exclusively to the Attorney General in the manner allowed in § 5-313 of this subtitle.
Md. Code, Business Occupations and Professions § 5-203 — MD Code / Article gbo / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) From among its members, the Board annually shall elect a chairman.

(b) The manner of election of the chairman shall be as the Board determines.
Md. Code, Transportation § 5-301 — MD Code / Article gtr / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

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

(b) “Commercial use airport” means any publicly or privately owned airport at which:

(1) Landing or tie down fees are charged;

(2) Aviation fuel or oil is sold;

(3) Space is rented;

(4) Goods or services are sold; or

(5) Any other activity is carried on for remuneration.

(c) “Public use airport” means any publicly or privately owned airport that is open to flight operations by the public.
Md. Code, Criminal Law § 5-601.1 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-601.1
§5–601.
Status: in_force

§5–601.1.

(a) A police officer shall issue a citation to a person who the police officer has probable cause to believe has committed a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis.

(b) (1) A violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis is a civil offense.

(2) Adjudication of a violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis:

(i) is not a criminal conviction for any purpose; and

(ii) does not impose any of the civil disabilities that may result from a criminal conviction.

(c) (1) A citation issued for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis shall be signed by the police officer who issues the citation and shall contain:

(i) the name, address, and date of birth of the person charged;

(ii) the date and time that the violation occurred;

(iii) the location at which the violation occurred;

(iv) the fine that may be imposed;

(v) a notice stating that prepayment of the fine is allowed, except as provided in paragraph (2) of this subsection; and

(vi) a notice in boldface type that states that the person shall:

1. pay the full amount of the preset fine; or

2. request a trial date at the date, time, and place established by the District Court by writ or trial notice.

(2) If a citation for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis is issued to a person under the age of 21 years, the court shall summon the person for trial.

(d) The form of the citation shall be uniform throughout the State and shall be prescribed by the District Court.

(e) (1) The Chief Judge of the District Court shall establish a schedule for the prepayment of the fine.

(2) Prepayment of a fine shall be considered a plea of guilty to a Code violation.

(3) A person described in subsection (c)(2) of this section may not prepay the fine.

(f) (1) A person may request a trial by sending a request for trial to the District Court in the jurisdiction where the citation was issued within 30 days of the issuance of the citation.

(2) If a person other than a person described in subsection (c)(2) of this section does not request a trial or prepay the fine within 30 days of the issuance of the citation, the court may impose the maximum fine and costs against the person and find the person is guilty of a Code violation.

(g) The issuing jurisdiction shall forward a copy of the citation and a request for trial to the District Court in the district having venue.

(h) (1) The failure of a defendant to respond to a summons described in subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure Article.

(2) If a person at least 21 years old fails to appear after having requested a trial, the court may impose the maximum fine and costs against the person and find the person is guilty of a Code violation.

(i) In any proceeding for a Code violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis:

(1) the State has the burden to prove the guilt of the defendant by a preponderance of the evidence;

(2) the court shall apply the evidentiary standards as prescribed by law or rule for the trial of a criminal case;

(3) the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

(4) the defendant is entitled to cross–examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, and to testify on the defendant’s own behalf, if the defendant chooses to do so;

(5) the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant; and

(6) the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be:

(i) guilty of a Code violation;

(ii) not guilty of a Code violation; or

(iii) probation before judgment, imposed by the court in the same manner and to the same extent as is allowed by law in the trial of a criminal case.

(j) (1) The defendant is liable for the costs of the proceedings in the District Court.

(2) The court costs in a Code violation case under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis in which costs are imposed are $5.

(k) (1) The State’s Attorney for any county may prosecute a Code violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis in the same manner as prosecution of a violation of the criminal laws of the State.

(2) In a Code violation case under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis, the State’s Attorney may:

(i) enter a nolle prosequi or move to place the case on the stet docket; and

(ii) exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State.

(l) A person issued a citation for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis who is under the age of 18 years shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.

(m) A citation for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis and the official record of a court regarding the citation are not subject to public inspection and may not be included on the public website maintained by the Maryland Judiciary if:

(1) the defendant has prepaid the fine;

(2) the defendant has pled guilty to or been found guilty of the Code violation and has fully paid the fine and costs imposed for the violation;

(3) the defendant has received a probation before judgment and has fully paid the fine and completed any terms imposed by the court;

(4) the case has been removed from the stet docket after the defendant fully paid the fine and completed any terms imposed by the court;

(5) the State has entered a nolle prosequi;

(6) the defendant has been found not guilty of the charge; or

(7) the charge has been dismissed.
Md. Code, Transportation § 5-1203 — MD Code / Article gtr / Title 5 / Subtitle 12 / Section 5-1203
§5–1203.
Status: in_force

(a) Subject to the provisions of this subtitle, the Administration shall establish a voluntary land acquisition program under which it shall purchase residentially occupied real property subject to a cumulative noise exposure of 70 LDN or greater, as identified by the most recently adopted airport noise zone, if the owner of the real property volunteers to sell the real property to the Administration.

(b) Local governments are encouraged, in the exercise of their police powers, to cooperate with Administration efforts to create a land use buffer zone composed of noise compatible commercial, industrial, and other nonresidential uses in areas contiguous to the airport.

(c) The Secretary is directed to request full funding for the program as part of the 1989 fiscal year budget and subsequent departmental budget requests.
Md. Code, Family Law § 5-4B-02 — MD Code / Article gfl / Title 5 / Subtitle 4B / Section 5-4B-02
§5–4B–02.
Status: in_force

(a) (1) An adopted individual at least 21 years old may apply to the Director to receive search, contact, and reunion services.

(2) If an adopted individual is at least 21 years old, the following individuals may apply to the Director to receive search, contact, and reunion services:

(i) a biological parent of the adopted individual;

(ii) a sibling of the adopted individual; and

(iii) a director of a local department acting on behalf of a minor in out–of–home placement.

(3) A director of a local department or a local department director’s designee may apply to the Director to receive search, contact, and reunion services to develop a placement resource or facilitate a family connection with relatives of a minor in out–of–home placement who was adopted through a local department if the local department has determined that reunification with the minor’s adoptive parents is not in the minor’s best interests.

(b) An individual who applies to the Director to receive search, contact, and reunion services shall supply any proof of identity or other relevant information required by the Director.

(c) (1) The Director may establish a reasonable fee for the application for search, contact, and reunion services.

(2) The overall amount of fees collected may not exceed the costs of processing the applications.

(d) A parent who has had his or her parental rights terminated under Subtitle 3 of this title may not apply to receive search, contact, and reunion services under this subtitle.
Md. Code, Family Law § 5-349 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-349
§5–349.
Status: in_force

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

(1) any assurance by the local department to fund needed support for the child;

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

(3) a report by a child placement agency, completed in accordance with Department regulations, as to:

(i) the suitability of the petitioner to be the child’s parent; and

(ii) the child’s successful placement for adoption with the petitioner under the supervision of the local department or its agent for at least 180 days or a shorter period allowed by the juvenile court on recommendation of the local department.

(b) In ruling on a petition for adoption under this Part IV of this subtitle, a juvenile court may not deny a petition for adoption solely because the petitioner is single or unmarried.
Md. Code, Labor and Employment § 5-704 — MD Code / Article gle / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

The Commissioner may require, by regulation, that an employer submit reports on the basis of the records that the employer keeps under this title.
Md. Code, State Finance and Procurement § 5-201 — MD Code / Article gsf / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) There is a Department of Planning, established as a principal department of the State government.

(b) The head of the Department is the Secretary of Planning, who shall be appointed by the Governor with the advice and consent of the Senate.

(c) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.

(d) (1) The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on these matters.

(2) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient operation of the Department.

(3) The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.

(e) The Secretary is entitled to the salary provided in the State budget.
Md. Code, Courts and Judicial Proceedings § 5-723 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-723
§5–723.
Status: in_force

(a) In this section, “Board” means the State Board for Certification of Residential Child Care Program Professionals.

(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, Business Regulation § 5-309 — MD Code / Article gbr / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

Each registrant and permit holder shall display the registration or permit conspicuously at the business address of the registrant or permit holder.
Md. Code, Environment § 5-703 — MD Code / Article gen / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

In carrying out its responsibility for water resources planning, development, and management, the Department shall cooperate with federal, State, and local agencies in any water resources project or program affecting waters of the State. The Department shall administer available financial assistance for these projects or programs. In furtherance of the Department’s responsibility under this section, when local entities agree to pay all other nonfederal costs and operate and maintain structures installed using federal assistance authorized under the Watershed Protection and Flood Prevention Act, the Department shall consider the following:

(1) A contribution by the State of up to 50% of the nonfederal share of approved projects under PL 566;

(2) Using funds in programs or projects for flood control, recreation, fish and wildlife, water supply, and flow augmentation; and

(3) Limiting State participation to land acquisition for dams and impounded areas and construction of dams. Additional land beyond the flood pool level, access roads, and recreational facilities may not be part of the program or project.
Md. Code, Agriculture § 5-312 — MD Code / Article gag / Title 5 / Subtitle 3 / Section 5-312
§5–312.
Status: in_force

If any nurseryman, dealer, or agent of a carrier sells, ships, or delivers in the State any nursery stock infested or infected with dangerously injurious plant pests which upon examination by the Secretary is condemned, the nursery stock shall be destroyed, and the nurseryman, dealer, or agent shall forfeit the value of the stock and may not collect its value from the purchaser or consignee.
Md. Code, Transportation § 5-303 — MD Code / Article gtr / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

(a) The Administration may adopt rules and regulations providing for the approval of airport sites and the issuance of certificates of approval.

(b) If the Administration provides for the approval of airport sites, any political subdivision or other person desiring or planning to construct or establish an airport may apply to the Administration for approval of the site before its acquisition or before construction or establishment of the proposed airport.

(c) On receipt of an application under this section, the Administration shall issue a certificate of approval, with reasonable promptness and without charge, if it is satisfied that:

(1) The site is adequate for the proposed airport;

(2) The proposed airport will meet minimum standards of safety, which may not be more stringent than those standards, if any, recommended by the Federal Aviation Administration for similar airports;

(3) Safe air traffic patterns can be worked out for the proposed airport and for all existing airports and approved airport sites in its vicinity; and

(4) The intended operator of the proposed airport has complied with the requirements of this title on environmental noise control.

(d) (1) The Administration may approve a site subject to any reasonable condition that it considers necessary to fulfill any purpose of this subtitle.

(2) Unless sooner revoked by the Administration, the approval remains in effect until a license or registration for an airport on the approved site is issued under this subtitle.

(e) After notice to the holder of a certificate of approval and opportunity for hearing, the Administration may revoke an approval if it reasonably determines that:

(1) The site has been abandoned as an airport site;

(2) There has been a failure within the time required or, if no time has been required, within a reasonable time, to develop the site as an airport or to comply with the conditions of the approval;

(3) Because of a change of physical or legal conditions or circumstances, the site is no longer usable for the purposes for which the approval was granted; or

(4) The intended operator of the proposed airport has failed to comply with the requirements of this title on environmental noise control.
Md. Code, Natural Resources § 5-415 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-415
§5–415.
Status: in_force

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

(b) “Licensed tree expert” means a person who has received from the Department a license displaying the person’s qualifications to practice as a tree expert.

(c) (1) “Tree expert” means a person who represents to the public that the person is skilled in the science of tree care or removal and who, whether in the business of the person or as the employee of another person and whether under the title of arborist, tree specialist, tree surgeon, tree expert, or otherwise, engages in the business or work of the treatment, care, or removal of trees for compensation by:

(i) Making diagnoses, prescribing, and supervising the treatment for trees; or

(ii) Trimming, pruning, thinning, cabling, shaping, removing, or reducing the crown of trees.

(2) “Tree expert” does not include:

(i) A person engaged in commercial logging or timber harvesting operations as defined in § 5-1601 of this title;

(ii) A person engaged in the installation of underground facilities or any associated site construction; or

(iii) A person who treats, cares for, or removes a tree, as described in paragraph (1) of this subsection, that is 20 feet tall or less.
Md. Code, Courts and Judicial Proceedings § 5-507 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-507
§5–507.
Status: in_force

(a) (1) An official of a municipal corporation, while acting in a discretionary capacity, without malice, and within the scope of the official’s employment or authority shall be immune as an official or individual from any civil liability for the performance of the action.

(2) An official of a municipal corporation is not immune from liability for negligence or any other tort arising from the operation of a motor vehicle except as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.

(b) (1) Subject to paragraph (2) of this subsection, a municipal corporation shall provide a defense for an official of the municipal corporation for any act arising within the scope of the official’s employment or authority.

(2) A municipal corporation shall only provide a defense for an official of the municipal corporation for negligence or any other tort arising from the operation of a motor vehicle as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.
Md. Code, Transportation § 5-802 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-802
§5–802.
Status: in_force

The purpose of this subtitle is to:

(1) Provide a positive basis for abatement of existing noise problems in communities near airports and to prevent new noise problems; and

(2) Protect the health and general welfare of the occupants of land near airports.
Md. Code, Corporations and Associations § 5-203 — MD Code / Article gca / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

Notwithstanding the provisions of Title 2 of this article, the organization meeting of the board of directors named in the charter of a nonstock corporation may be called by either:

(1) A majority of the incorporators; or

(2) Not less than one third of the directors named in the charter.
Md. Code, Courts and Judicial Proceedings § 5-117 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-117
§5–117.
Status: in_force

(a) In this section, “sexual abuse” means any act that involves:

(1) An adult allowing or encouraging a child to engage in:

(i) Obscene photography, films, poses, or similar activity;

(ii) Pornographic photography, films, poses, or similar activity; or

(iii) Prostitution;

(2) Incest;

(3) Rape;

(4) Sexual offense in any degree; or

(5) Any other sexual conduct that is a crime.

(b) Except as provided under subsection (d) of this section and notwithstanding any time limitation under a statute of limitations, a statute of repose, the Maryland Tort Claims Act, the Local Government Tort Claims Act, or any other law, an action for damages arising out of a claim or claims of sexual abuse that occurred while the victim was a minor may be filed at any time.

(c) Except as provided in §§ 5–303 and 5–518 of this title and § 12–104 of the State Government Article, the total amount of noneconomic damages that may be awarded under this section to a single claimant in an action against a single defendant for injuries arising from a claim or claims that would have been barred by a time limitation before October 1, 2023, may not exceed:

(1) For an action filed on or before May 31, 2025, $1,500,000; and

(2) For an action filed on or after June 1, 2025, $700,000.

(d) No action for damages that would have been barred by a time limitation before October 1, 2023, may be brought under this section if the alleged victim of abuse is deceased at the commencement of the action.

(e) In any action for damages filed on or after June 1, 2025, arising out of a claim or claims of sexual abuse that occurred while the claimant was a minor, counsel may not charge or receive fees that exceed:

(1) 20% of the settlement; or

(2) 25% of the judgment.
Md. Code, Real Property § 5-104 — MD Code / Article grp / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

No action may be brought on any contract for the sale or disposition of land or of any interest in or concerning land unless the contract on which the action is brought, or some memorandum or note of it, is in writing and signed by the party to be charged or some other person lawfully authorized by him.
Md. Code, Economic Development § 5-460 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-460
§5–460.
Status: in_force

(a) A fixed asset financing loan assisted by a linked deposit is not a debt of the State or a pledge of the credit of the State.

(b) The Authority and, in accordance with § 5-521 of the Courts Article, the Department and the State are not liable to a lender for payment of the principal or interest on a fixed asset financing loan assisted by a linked deposit under this part.
Md. Code, State Finance and Procurement § 5A-101 — MD Code / Article gsf / Title 5A / Subtitle 1 / Section 5A-101
§5A–101.
Status: in_force

There is a Division of Historical and Cultural Programs in the Department of Planning.
Md. Code, Estates and Trusts § 5-604 — MD Code / Article get / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) (1) Unless bond is expressly excused by the will or by the written waiver of all interested persons, a person appointed as a personal representative in accordance with § 5–603(a)(1) of this subtitle shall be required to give bond if the estate is established to have a gross value of $10,000 or more after the payment of expenses and allowances under § 5–603(a)(2) of this subtitle.

(2) If the estate is established to have a gross value of less than $10,000 after the payment of expenses and allowances under § 5–603(a)(2) of this subtitle, a person appointed as a personal representative in accordance with § 5–603(a)(1) of this subtitle may not be required to give bond.

(3) A personal representative under this subtitle is not entitled to receive commissions for the performance of the duties of a personal representative.

(b) (1) After the expiration of 60 days following publication of the notice required by § 5–603(b) of this subtitle, the personal representative shall file proof of publication of the notice and a list of all claims, including contingent and disputed claims, and the amount of each filed since the original petition.

(2) The court shall hear objections filed pursuant to the notice and, if satisfied that all action taken pursuant to this subtitle is proper, shall direct the petitioner to pay all proper claims, expenses, and family allowance and to distribute the net estate in accordance with the will or, if the decedent died intestate, in accordance with Title 3, Subtitle 1 of this article.

(c) The personal representative does not incur any personal liability by payment of claims or distribution of assets in accordance with this subtitle if, at the time of payment or distribution, the representative has no actual knowledge of a valid unbarred claim that has not been filed with the register.
Md. Code, Economic Development § 5-1801 — MD Code / Article gec / Title 5 / Subtitle 18 / Section 5-1801
§5–1801.
Status: in_force

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

(b) “Borrower” means a business that:

(1) qualifies as a small business under the U.S. Small Business Administration size standards;

(2) applies to a lender for business financing; and

(3) has fewer than 50 employees.

(c) “Lender” means:

(1) a credit union, as defined in § 1–101 of the Financial Institutions Article;

(2) a financial institution, as defined in § 1–101 of the Financial Institutions Article; or

(3) a community development financial institution as defined in 12 U.S.C. § 4702(5).

(d) “Program” means the Capital Access Program established under § 5–1802 of this subtitle.
Md. Code, Financial Institutions § 5-602 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

(a) (1) If the Commissioner finds that the capital stock account of any commercial bank is impaired because of a loss or for any other reason, the Commissioner, by notice to the board of directors of the commercial bank, may require the commercial bank to correct the impairment.

(2) If the commercial bank fails to correct the impairment within 3 months after the board receives the notice, the Commissioner may take possession of the commercial bank, including its property, records, and business.

(b) (1) If the reserves of any commercial bank fall below the amount required under this article:

(i) The commercial bank may not increase its loans or discounts until the deficiency is corrected, except by discounting or buying drafts payable at sight or on demand; and

(ii) The Commissioner, by notice to the board of directors of the commercial bank, shall require the commercial bank to correct the deficiency.

(2) If the commercial bank fails to correct the deficiency within 30 days after the board receives the notice, the Commissioner may take possession of the commercial bank, including its property, records, and business.
Md. Code, Public Safety § 5-118 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-118
§5–118.
Status: reserved

(a) A firearm applicant shall:

(1) submit to a licensee or designated law enforcement agency a firearm application on the form that the Secretary provides; and

(2) pay to the licensee or designated law enforcement agency an application fee of $10.

(b) A firearm application shall contain:

(1) the firearm applicant’s name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, signature, driver’s or photographic identification soundex number, occupation, and regulated firearm information for each regulated firearm to be purchased, rented, or transferred;

(2) the date and time that the firearm applicant delivered the completed firearm application to the prospective seller or transferor;

(3) a statement by the firearm applicant under the penalty of perjury that the firearm applicant:

(i) is at least 21 years old;

(ii) has never been convicted of a disqualifying crime;

(iii) has never been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

(iv) is not a fugitive from justice;

(v) is not a habitual drunkard;

(vi) is not addicted to a controlled dangerous substance or is not a habitual user;

(vii) does not suffer from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article and have a history of violent behavior against the firearm applicant or another;

(viii) has never been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article;

(ix) has never been found not criminally responsible under § 3–110 of the Criminal Procedure Article;

(x) has never been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article;

(xi) has never been involuntarily committed to a facility as defined in § 10–101 of the Health – General Article;

(xii) is not under the protection of a guardian appointed by a court under § 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability;

(xiii) is not a respondent against whom:

1. a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or

2. an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; and

(xiv) if under the age of 30 years at the time of application, has not been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult; and

(4) unless the applicant is excluded under § 5–117.1(a) of this subtitle, the applicant’s handgun qualification license number.

(c) Each firearm application shall contain the following statement: “Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years, or a fine of not more than $5,000, or both.”.

(d) If the firearm applicant is a corporation, a corporate officer who is a resident of the State shall complete and execute the firearm application.
Md. Code, General Provisions § 5-853 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-853
§5–853.
Status: in_force

(a) (1) When an application is filed, the applicant shall file an affidavit, under oath, stating whether the applicant:

(i) has made any contribution or contributions having a cumulative value of at least $500 to the treasurer of a candidate or the treasurer of a political committee during the 48–month period before the application is filed, to the best of the applicant’s information, knowledge, and belief; or

(ii) currently is engaging in business with an elected official.

(2) (i) 1. Except as provided in subsubparagraph 2 of this subparagraph, if the applicant or a party of record or a family member has made a contribution or contributions having a cumulative value of at least $500 during the 48–month period before the application was filed or during the pendency of the application, the applicant or the party of record shall file a disclosure providing the name of the candidate or elected official to whose treasurer or political committee the contribution was made, the amount, and the date of the contribution.

2. If the party of record is a community association, the association is not required to poll its members to disclose individual contributions.

(ii) A contribution made between the filing of the application and the disposition of the application shall be disclosed within 5 business days after the contribution.

(3) An applicant who begins engaging in business with an elected official between the filing of the application and the disposition of the application shall file the affidavit at the time of engaging in business with the elected official.

(b) Except as provided in subsection (a)(3) of this section, the affidavit or disclosure shall be filed at least 30 calendar days before any consideration of the application by an elected official.

(c) Within 2 weeks after entering a proceeding, a party of record that has made a contribution shall submit a disclosure as described in subsection (a)(2) of this section.

(d) (1) Except as provided in paragraph (2) of this subsection, a contributor and an elected official are subject to this part if the contributor makes a contribution to:

(i) the candidate;

(ii) a slate; or

(iii) the candidate’s political committee.

(2) This part does not apply to a transfer by a political action committee to a candidate or the candidate’s continuing political committee.

(e) (1) An affidavit or a disclosure required under this part shall be in a form established by the Howard County Solicitor and approved by the County Council.

(2) The completed form shall be filed in the appropriate case file of an application.

(3) The disclosure form shall repeat the penalty provision in § 5–854(a) of this subtitle.

(f) A contribution made after the filing of the initial disclosure and before final disposition of the application by the County Council shall be disclosed within 5 business days after the contribution.

(g) In the enforcement of this part, the administrative assistant to the zoning board or the administrator of the County Council, as appropriate, considering an application shall be subject to the authority of the Howard County Ethics Commission and, unless otherwise directed by the Ethics Commission, shall:

(1) receive filings of affidavits and disclosures;

(2) maintain filed affidavits and disclosures as public records available for review by the general public during normal business hours;

(3) report violations to the Howard County Ethics Commission; and

(4) perform ministerial duties necessary to administer this part.

(h) (1) Promptly on receipt, the administrative assistant to the zoning board and the administrator of the County Council shall prepare a summary report compiling all affidavits and disclosures filed under this part.

(2) The summary report shall be a public record and available for immediate inspection on written request.
Md. Code, Business Regulation § 5-606 — MD Code / Article gbr / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

(a) (1) Each sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle shall keep detailed records of all sales of burial lots or burial rights in a cemetery and money received.

(2) The records of each sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle and of each trustee appointed by the sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle are subject to examination by:

(i) the Director;

(ii) the Attorney General or an authorized representative of the Attorney General; and

(iii) the State’s Attorney for the county where the cemetery owner does business or where the cemetery is located.

(b) (1) Each sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle shall submit a report to the Director within 150 days after the close of each calendar or other fiscal year chosen by the sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle.

(2) The report shall:

(i) be on the form that the Director requires;

(ii) be certified as to correctness by a certified public accountant retained by the cemetery;

(iii) be accompanied by a trustee’s annual summary statement of assets for the reporting period that includes:

1. the amount of money in the perpetual care trust fund at the beginning of the reporting period;

2. an investment portfolio summary describing the asset and the market value for each investment class;

3. a transaction summary of the perpetual care trust fund containing:

A. trust account earnings, including interest, dividends, and realized gains or losses;

B. money deposited;

C. total receipts;

D. administrative expenses;

E. disbursements of income for cemetery care, maintenance, administration, and embellishment;

F. other disbursements; and

G. total disbursements; and

4. the amount of money in the perpetual care trust fund at the end of the reporting period;

(iv) be accompanied by a fee of $25; and

(v) include:

1. the name of the sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle;

2. each location of the sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle;

3. the amount of money in each perpetual care trust fund at the beginning of the calendar or other fiscal year chosen by the sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle;

4. the amount of money that the sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle received during that year that is subject to the trust requirements of this subtitle;

5. the amount of money actually deposited into each perpetual care trust fund in that year;

6. the amount of money spent during that year to provide care, maintenance, administration, and embellishment of each cemetery, except for money used for the care of monuments and memorials; and

7. the name and address of each trustee.

(3) If the Director determines, after a review of the report and annual summary statement of assets required by this subsection, that additional documentation is required, a sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle shall provide the additional documentation to the Director.

(4) A sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle who stops selling burial lots or burial rights in a cemetery as to which perpetual care is stated or implied shall notify the Director in the required report for the year in which sales stop.

(5) The Director may require a sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle to correct any underfunding, including interest, due to the perpetual care trust fund.

(c) The Director may adopt regulations:

(1) to administer subsection (b) of this section; and

(2) for determining whether registered cemeterians, permit holders, or any other person subject to the trust requirements of this subtitle are complying with this subtitle.
Md. Code, Courts and Judicial Proceedings § 5-703 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

(a) In this section, “Board” means the State Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech–Language Pathologists in the Maryland Department of Health.

(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, General Provisions § 5-304 — MD Code / Article ggp / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) If the Ethics Commission issues an advisory opinion about a State official of the Legislative Branch as to a question arising under Subtitle 6 of this title, and if requested by the State official, the Joint Ethics Committee shall issue an advisory opinion on the matter in accordance with this subtitle.

(b) The opinion of the Joint Ethics Committee prevails to the extent of any inconsistency.
Md. Code, Education § 5-409 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-409
§5–409.
Status: in_force

(a) In addition to any other duties assigned or duties granted to the Board under this subtitle, the Board has the power to perform the duties described in this section.

(b) The Board shall:

(1) Oversee the work of the Career and Technical Education Committee established under § 21–209 of this article;

(2) Coordinate through the Department the State’s participation in the Organization for Economic Cooperation and Development’s Program for International Student Assessment survey program;

(3) In accordance with § 5–408(c) of this subtitle, report on or before November 1 each year for calendar years 2021 through 2031 to the Governor, the public, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on:

(i) Progress made on the implementation of the Blueprint for Maryland’s Future;

(ii) Recommended legislative changes, including any changes necessary to ensure that the implementations have adequate resources and measurements;

(iii) The degree to which State and local agencies, as applicable, are carrying out their assigned roles in implementing the Blueprint for Maryland’s Future; and

(iv) Whether the funds provided by the State and local governments are consistent with the Board’s estimate of what is necessary to fully implement the Blueprint for Maryland’s Future;

(4) Provide training to Expert Review Teams established under § 5–411 of this subtitle; and

(5) Provide outreach and educational materials to parents, students, and members of the public on the Blueprint for Maryland’s Future.

(c) The Board may:

(1) Recommend that the Department and the Maryland Higher Education Commission review the accreditation of a program reviewed under § 5–408(a)(3) of this subtitle that was found to be ineffective;

(2) Determine that the career ladder system under Title 6, Subtitle 10 of this article has been well established throughout the State for the purposes of implementing the Blueprint for Maryland’s Future;

(3) Make grants to innovative programs developed by public schools, institutions of postsecondary education, nonprofit organizations, and other persons that help further the Board’s purpose; and

(4) Perform any other duties necessary to carry out the powers granted under this subtitle.
Md. Code, Transportation § 5-306 — MD Code / Article gtr / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) (1) The Administration may adopt rules and regulations providing for the registration of airports not required to be licensed under this subtitle.

(2) Registration under this section shall be without charge unless the airport is used to base aircraft that do not belong to the registrant, in which event the Administration may charge a registration fee of not more than:

(i) $10 for each original registration; and

(ii) $5 for each renewal.

(b) On payment of the required fee, the Administration shall issue a registration certificate subject to any reasonable condition that it considers necessary to fulfill any purpose of this subtitle.

(c) Each registration certificate is renewable annually on payment of the required fee.
Md. Code, Election Law § 5-706 — MD Code / Article gel / Title 5 / Subtitle 7 / Section 5-706
§5–706.
Status: in_force

(a) This section does not apply to:

(1) a candidate selected by a political party to fill a vacancy in nomination under Subtitle 9 or Subtitle 10 of this title; or

(2) a candidate defeated in a presidential preference primary.

(b) (1) Except as provided in subsection (c) of this section, the name of a candidate who is defeated for the nomination for a public office may not appear on the ballot at the next succeeding general election as a candidate for any office.

(2) A candidate who is defeated for the nomination for a public office may not file a certificate of candidacy as a write–in candidate at the next succeeding general election as a candidate for any office.

(c) The name of a candidate for the office of judge of the circuit court who is defeated in the primary election in each contest for the office of circuit court judge in which the candidate appears on the ballot may not appear on the ballot at the succeeding general election as a candidate for any office.
Md. Code, Corporations and Associations § 5-6B-08 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-08
§5–6B–08.
Status: in_force

(a) (1) A county or an incorporated municipality may provide, by local law or ordinance, that a residential rental facility may not be granted to a purchaser for the purpose of conversion unless the county, incorporated municipality, or housing agency has first been offered in writing the right to purchase the rental facility on substantially the same terms and conditions offered by the owner to the purchaser. The local law or ordinance shall designate the title and mailing address of the person to whom the offer to the county, incorporated municipality, or housing agency shall be delivered.

(2) The offer shall contain a contingency entitling the county, incorporated municipality, or housing agency, to secure financing within 180 days from the date of the offer, provided that the county, incorporated municipality, or housing agency shall use its best efforts to secure financing as soon as possible.

(3) Unless written acceptance of the offer is first delivered to the owner by the county, incorporated municipality, or housing agency, the offer shall terminate, without further act, 60 days after it is delivered to the county, incorporated municipality, or housing agency. If the offer terminates, the owner may grant the residential rental facility to any person for any purpose on terms and conditions not more favorable to a buyer than those offered by the owner to the county, incorporated municipality, or housing agency.

(4) If the county, incorporated municipality, or housing agency purchases the residential rental facility, it shall retain or provide for the retention of the property as a residential rental facility for at least 3 years from the date of acquisition.

(b) A local law or ordinance adopted under subsection (a) of this section may provide that the owner of a residential rental facility is exempt from the provisions of this section if the purchaser of the rental facility enters into an agreement with the county, incorporated municipality, or housing agency to retain the property as a residential rental facility for a period not to exceed 3 years after the date of acquisition of the property.

(c) The provisions of any local law or ordinance adopted under this section shall not apply to the following transfers of a residential rental facility:

(1) A transfer as a result of a foreclosure made under the terms of a mortgage or deed of trust;

(2) A transfer to a mortgagee in lieu of foreclosure or a transfer under other proceedings, arrangement or deed in lieu of foreclosure;

(3) A transfer made under a judicial sale or other judicial proceeding brought to secure payment of a debt or for the purpose of securing the performance of an obligation;

(4) A transfer of the interest of one co-tenant to another co-tenant by operation of law or otherwise;

(5) A transfer made by will or descent or by intestate distribution;

(6) A transfer made to a municipal or county government, to the State government, or to an agency, instrumentality, or political subdivision of government;

(7) A transfer to a spouse, son, or daughter;

(8) A transfer made under the liquidation of a partnership or corporation; or

(9) A transfer into a partnership or corporation wholly owned by the person(s) so contributing.

(d) A county, incorporated municipality, or housing agency, by execution and delivery by the appropriate official to the grantor of an instrument in recordable form, may waive its right to purchase a particular residential rental facility under this section.

(e) Within 30 days after the enactment of a law or ordinance under this section, the county or incorporated municipality shall forward a copy of the law or ordinance to the Secretary of State.

(f) If a deed for a residential rental facility contains an affidavit by the grantor that the provisions of this section have been fulfilled, then the grantee in that deed takes title to the residential rental facility free and clear of all claims and rights of a county, incorporated municipality, or housing agency arising under this section.
Md. Code, Education § 5-404 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) (1) The Board shall develop a Comprehensive Implementation Plan to implement the Blueprint for Maryland’s Future, considering any input provided by interested stakeholders in the State.

(2) The Comprehensive Implementation Plan shall include a timeline for implementation of the Blueprint for Maryland’s Future with key milestones to be achieved by each State or local government unit required to implement an element of the Blueprint for Maryland’s Future for each year of the implementation period.

(3) The Comprehensive Implementation Plan shall include the intended outcomes that the Blueprint for Maryland’s Future will achieve.

(4) (i) The Comprehensive Implementation Plan shall be adopted by the Board no later than December 1, 2022.

(ii) Any changes to the Comprehensive Implementation Plan shall be adopted by the Board no later than August 1 of each year.

(b) (1) The Board shall adopt guidelines for entities required to submit and carry out implementation plans under this section that include establishing a maximum page length, including appendices, for implementation plans.

(2) State and local government units responsible for implementing an element of the Blueprint for Maryland’s Future shall develop implementation plans consistent with the Comprehensive Implementation Plan that describe the goals, objectives, and strategies that will be used to improve student achievement and meet the Blueprint for Maryland’s Future recommendations for each segment of the student population.

(3) (i) On or before September 1, 2022, the Department shall develop criteria to be used to recommend approval or disapproval of local school system implementation plans and release of funds under this subtitle.

(ii) The criteria shall be submitted for approval to the Board.

(c) (1) (i) 1. Except as provided in subsubparagraph 2 of this subparagraph, each unit responsible for developing an implementation plan under this section shall submit the plan to the Board for approval on or before March 15, 2023.

2. The Juvenile Services Education Program Superintendent shall submit the plan to the Board for approval on or before June 15, 2023.

(ii) Each local school system shall submit a copy of its plan to the Department for review and a recommendation of approval or disapproval.

(2) Governmental units shall submit implementation plans on elements of the Blueprint for Maryland’s Future under this subsection, including:

(i) Plans from each local school system to implement each element of the Blueprint for Maryland’s Future, including how to:

1. Adapt curriculum, instruction, and the organization of the school day to enable more students to achieve college and career readiness by the end of 10th grade, to provide students with needed services including community–partnered behavioral health services if appropriate, and to identify students who are falling behind and develop a plan to get them back on track;

2. Close student achievement gaps listed under § 5–408(a)(2)(i) of this subtitle within the local school system;

3. Avoid the disproportionate placement of students with particular racial, ethnic, linguistic, economic, or disability status characteristics with novice teachers or teachers providing instruction in fields in which they lack expertise; and

4. Use additional funds for teacher collaborative time in accordance with Title 6, Subtitle 10 of this article prioritized based on availability of a sufficient number of high–quality teachers;

(ii) The joint plan of the Department and the Maryland Higher Education Commission for teacher preparation and training that meets the requirements under Title 6 of this article;

(iii) A plan from the Department for the expansion and coordination of Judy Centers under § 5–230 of this title and a plan for the expansion of community–based family support centers under Title 9.5, Subtitle 10 of this article;

(iv) The Department’s plan for selection, assembly, and deployment of expert review teams under § 5–411 of this subtitle;

(v) The Department’s plan for implementing the teacher career ladder and training Maryland teachers, school leaders, and administrators under Title 6, Subtitle 10 of this article;

(vi) The Career and Technical Education Committee plan for developing rigorous CTE pathways under § 21–207 of this article;

(vii) Plans from each local school system on proposed memoranda of understanding for prekindergarten in accordance with § 7–1A–05 of this article;

(viii) A plan from the Juvenile Services Education Program Superintendent on the proposed education of juveniles under Title 9, Subtitle 6 of the Human Services Article; and

(ix) Any other implementation plans the Board determines are necessary.

(3) An implementation plan submitted to the Board for approval under this section shall be:

(i) Consistent with the developed guidelines and, if applicable, the approved criteria under subsection (b) of this section; and

(ii) Concise and focused on the measures taken and the measures to be taken to implement and achieve the Blueprint’s goals.

(4) A responsible government unit shall amend the implementation plan until it is approved by the Board.

(d) The Board shall:

(1) Review and approve implementation plans submitted under subsection (c) of this section;

(2) Monitor the implementation of approved plans and work in partnership with the relevant agencies to:

(i) Disseminate information on best practices, programs, and resources;

(ii) Provide technical assistance and training;

(iii) Resolve implementation issues as they arise; and

(iv) Promote interagency efforts to:

1. Achieve the purposes of the Blueprint for Maryland’s Future; and

2. Reduce the effects of societal and economic isolation on student achievement and opportunity by promoting socioeconomic diversity in communities and schools;

(3) Receive periodic updates, in accordance with the Board’s guidelines, on progress responsible entities are making toward reaching the implementation plan goals; and

(4) Request any information the Board determines is necessary to carry out its obligations from an entity responsible for carrying out the implementation plans under this section.

(e) A governmental unit responsible for developing and carrying out an implementation plan shall provide:

(1) Periodic updates, when requested by the Board, on its progress toward meeting the implementation plan goals; and

(2) Any information the Board requests.

(f) The Board shall maintain a public website on which is published:

(1) The Comprehensive Implementation Plan;

(2) The Department’s criteria, developed under subsection (b)(3) of this section;

(3) Proposed implementation plans, submitted under subsection (c) of this section; and

(4) Implementation plans approved by the Board under subsection (d) of this section.

(g) A unit of State government required to implement an element of the Blueprint for Maryland’s Future shall, before adopting regulations relating to the Blueprint, consult with the Board.

(h) (1) For each fiscal year, the governing body of a county and the local school system jointly shall appoint a single implementation coordinator responsible for the implementation of the Blueprint for Maryland’s Future by all government units operating in the county.

(2) For each fiscal year, each county board shall provide $150,000 for the salary and benefits of the implementation coordinator appointed in accordance with paragraph (1) of this subsection.

(3) Funding for the salary and benefits of the implementation coordinator provided by the county board in accordance with paragraph (2) of this subsection shall be paid by the State and the county in the same proportion as the foundation program under § 5–213 of this title.
Md. Code, General Provisions § 5-707 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-707
§5–707.
Status: in_force

(a) (1) This section applies only to an individual regulated lobbyist described in § 5–702(a)(1), (2), (3), or (4) of this subtitle who lobbies the Executive Branch or Legislative Branch.

(2) This section does not apply to an entity that employs an individual regulated lobbyist described in § 5–702(a)(1), (2), (3), or (4) of this subtitle.

(b) In addition to any other report required under this subtitle, an individual regulated lobbyist shall file, with the report required under § 5–705 of this subtitle, a report that discloses each business transaction or series of business transactions that the individual regulated lobbyist had with an individual or business entity listed in subsection (c) of this section that:

(1) involved the exchange of value of:

(i) $1,000 or more for a single transaction; or

(ii) $5,000 or more for a series of transactions; and

(2) occurred in the previous reporting period.

(c) An individual regulated lobbyist is subject to the reporting requirements of this subtitle if the individual regulated lobbyist engages in a business transaction with:

(1) a member of the General Assembly;

(2) the Governor;

(3) the Lieutenant Governor;

(4) the Attorney General;

(5) the Secretary of State;

(6) the Comptroller;

(7) the State Treasurer;

(8) the secretary of any principal State department;

(9) the spouse of an individual listed in items (1) through (8) of this subsection;

(10) a business entity in which an individual listed in items (1) through (9) of this subsection participates as a proprietor or partner; or

(11) a business entity in which an individual listed in items (1) through (9) of this subsection has an ownership interest of at least 30%.

(d) The disclosure required under this section shall include:

(1) the date of the business transaction or dates of each of the series of transactions;

(2) the name and title of the official who is subject to this section who was involved in each business transaction or series of transactions; and

(3) the nature and value of anything exchanged.

(e) The report shall be filed electronically at the time and in the manner required for reports filed under § 5–705 of this subtitle.
Md. Code, Economic Development § 5-1307 — MD Code / Article gec / Title 5 / Subtitle 13 / Section 5-1307
§5–1307.
Status: in_force

(a) On or before October 15 of each year, a political subdivision with a BRAC Revitalization and Incentive Zone designation shall submit a report to the Department that assesses the effectiveness of the benefits provided to the BRAC Revitalization and Incentive Zone in attracting and retaining businesses within the BRAC Revitalization and Incentive Zone.

(b) In accordance with § 2.5–109 of this article, the Department shall submit a report on the effectiveness of the benefits under this subtitle.
Md. Code, Environment § 5-409 — MD Code / Article gen / Title 5 / Subtitle 4 / Section 5-409
§5–409.
Status: in_force

Any permit for the appropriation of water from the Potomac River the Department issues to any non-Maryland user shall include a provision for payment for the use based on the provisions of § 5-408 of this subtitle. The Department shall transfer the payment to the Authority for credit as the assessment of that non-Maryland user.
Md. Code, Courts and Judicial Proceedings § 5-421 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-421
§5–421.
Status: in_force

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

(2) “Assignment” has the meaning stated in Title 15, Subtitle 3 of the Estates and Trusts Article.

(3) “Corporation” has the meaning stated in Title 15, Subtitle 3 of the Estates and Trusts Article.

(4) “Fiduciary” has the meaning stated in Title 15, Subtitle 3 of the Estates and Trusts Article.

(5) “Person” has the meaning stated in Title 15, Subtitle 3 of the Estates and Trusts Article.

(6) “Transfer” has the meaning stated in Title 15, Subtitle 3 of the Estates and Trusts Article.

(7) “Transfer agent” has the meaning stated in Title 15, Subtitle 3 of the Estates and Trusts Article.

(b) A person who participates in the acquisition, disposition, assignment, or transfer of a security by or to a fiduciary, including a person who guarantees the signature of the fiduciary, is not liable for participation in any breach of fiduciary duty by reason of failure to inquire whether the transaction involves a breach unless it is shown that the person acted with actual knowledge that the proceeds of the transaction were being or were to be used wrongfully for the individual benefit of the fiduciary or that the transaction was otherwise in breach of duty.

(c) If a corporation or transfer agent makes a transfer under an assignment by a fiduciary, a person who guaranteed the signature of the fiduciary is not liable on the guarantee to any person to whom the corporation or transfer agent, by reason of this section or Title 15, Subtitle 3 of the Estates and Trusts Article, incurs no liability.
Md. Code, Courts and Judicial Proceedings § 5-628 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-628
§5–628.
Status: in_force

(a) A member of an appointed committee of any professional organization whose members provide health care under the Maryland Medical Assistance Program or an appointed member of a committee of a medical staff of a licensed hospital who acts without malice is not civilly liable for any functions that the member undertakes or performs in the system of review under § 15-106 of the Health - General Article.

(b) This section does not affect the immunity of an officer or employee of a State agency.
Md. Code, Family Law § 5-7A-01 — MD Code / Article gfl / Title 5 / Subtitle 7A / Section 5-7A-01
§5–7A–01.
Status: in_force

(a) There is a State Council on Child Abuse and Neglect.

(b) The Council is part of the Department of Human Services for budgetary and administrative purposes.
Md. Code, Criminal Law § 5-405 — MD Code / Article gcr / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

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

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

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

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

(1) the substance has a low potential for abuse relative to the substances listed in Schedule III;

(2) the substance has currently accepted medical use in treatment in the United States; and

(3) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
Md. Code, Family Law § 5-356 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-356
§5–356.
Status: in_force

(a) A local department shall make reasonable efforts to compile and make available to a prospective adoptive parent:

(1) all of the prospective adoptee’s medical and mental health records that the local department has; or

(2) a comprehensive medical and mental health history of the prospective adoptee.

(b) On request of an adoptive or prospective adoptive parent, a local department shall make reasonable efforts to compile a pertinent medical and mental health history of each of the prospective adoptee’s or adoptee’s parents or former parents, if available to the local department, and to make the history available to the adoptive or prospective adoptive parent.

(c) (1) If, after adoption, a local department receives medical or mental health information about the adoptee or adoptee’s former parent, the local department shall make reasonable efforts to make the information available to the adoptive parent.

(2) If, after adoption, the adoptive parent requests additional information, the local department shall make reasonable efforts to notify the former parent, at the former parent’s last known address available to the local department, of the request and the reason for the request.

(d) A medical or mental health history compiled under this section may not contain identifying information about a parent or former parent.
Md. Code, Human Services § 5-206 — MD Code / Article ghu / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

The Department may develop and implement an automated statewide system and related administrative procedures to achieve effectively and efficiently the purposes of this title.
Md. Code, Corporations and Associations § 5-5A-18 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-18
§5–5A–18.
Status: in_force

A person shall be eligible for membership in a cooperative if the qualifications for membership as stated in the bylaws have been met.
Md. Code, Financial Institutions § 5-902 — MD Code / Article gfi / Title 5 / Subtitle 9 / Section 5-902
§5–902.
Status: in_force

This subtitle sets forth the conditions under which a bank holding company may acquire a Maryland bank or a Maryland bank holding company.
Md. Code, Business Regulation § 5-706 — MD Code / Article gbr / Title 5 / Subtitle 7 / Section 5-706
§5–706.
Status: in_force

(a) Each trust account shall be:

(1) titled “preneed trust account”; and

(2) established by the seller in the seller’s name.

(b) A trustee appointed under this subtitle must be:

(1) a national banking association, as defined in the Financial Institutions Article;

(2) a banking institution, as defined in the Financial Institutions Article;

(3) any other financial institution allowed by law to engage in the trust business; or

(4) a person who provides a fidelity bond from a recognized bonding institution in an amount equal to the trust fund and inuring to the benefit of the trust account of the cemetery or burial goods business, or the preneed buyers, or both.

(c) A seller may:

(1) commingle money from 2 or more preneed burial contracts; and

(2) establish more than 1 trust account.

(d) (1) A trust account established under this subtitle shall be a single purpose trust.

(2) Money in the trust account is not available to a creditor as an asset of the seller.

(e) Money in the trust account may be withdrawn only on the combined signatures of:

(1) 2 officers of a corporate seller; or

(2) at least 2 individuals authorized to withdraw money for an unincorporated seller.
Md. Code, Family Law § 5-1011 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1011
§5–1011.
Status: in_force

(a) (1) The Administration may be the complainant in any proceeding under this subtitle in which the Administration is providing child support services under federal law.

(2) The Administration shall be represented in accordance with § 10-115 of this article.

(b) For purposes of providing legal representation in a paternity proceeding under this section, the Administration may approve child support services for a person who resides out of state.

(c) A complainant under this section is not required to prepay court costs.

(d) If the Attorney General or a qualified lawyer appointed by the Attorney General represents the complainant under § 10-115 of this article, the Attorney General or the lawyer has the same powers granted to the State’s Attorney under this subtitle.
Md. Code, Criminal Law § 5-406 — MD Code / Article gcr / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

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

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

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

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

(1) the substance has a low potential for abuse relative to the substances listed in Schedule IV;

(2) the substance has currently accepted medical use in the United States; and

(3) abuse of the substance may lead to limited physical dependence or psychological dependence liability relative to the substances listed in Schedule IV.
Md. Code, Family Law § 5-3B-22 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-22
§5–3B–22.
Status: in_force

(a) This section applies only if a parent affirmatively withholds consent by filing a notice of objection.

(b) (1) A court may allow adoption, without parental consent otherwise required under this subtitle, by a petitioner who has exercised physical care, control, or custody over the prospective adoptee for at least 180 days, if the court finds by clear and convincing evidence that:

(i) the parent has not had custody of the prospective adoptee for at least 1 year;

(ii) the prospective adoptee has significant emotional ties to and feelings for the petitioner; and

(iii) the parent:

1. has not maintained meaningful contact with the prospective adoptee while the petitioner had custody, notwithstanding an opportunity to do so;

2. has failed to contribute to the prospective adoptee’s physical care and support, notwithstanding the ability to do so;

3. has subjected the prospective adoptee to:

A. chronic abuse;

B. chronic and life–threatening neglect;

C. sexual abuse; or

D. torture;

4. has been convicted of abuse of any offspring;

5. has been convicted, in any state or any court of the United States, of:

A. a crime of violence against:

I. a minor offspring of the parent;

II. the child; or

III. another parent of the child; or

B. aiding or abetting, conspiring, or soliciting to commit a crime described in item A of this item; or

6. has, other than by consent, lost parental rights to a sibling of the prospective adoptee.

(2) If a court finds that an act or circumstance listed in paragraph (1)(iii)3 or 5 of this subsection exists, the court shall make a specific finding, based on facts in the record, whether return of the prospective adoptee to the custody of the parent poses an unacceptable risk to the prospective adoptee’s safety.

(3) In determining whether it is in the best interests of a prospective adoptee to terminate a parent’s rights under this subsection, a court shall:

(i) give primary consideration to the health and safety of the prospective adoptee; and

(ii) consider the report required under § 5–3B–16 of this subtitle.
Md. Code, Courts and Judicial Proceedings § 5-201 — MD Code / Article gcj / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) When a cause of action subject to a limitation under Subtitle 1 of this title or Title 3, Subtitle 9 of this article accrues in favor of a minor or mental incompetent, that person shall file his action within the lesser of three years or the applicable period of limitations after the date the disability is removed.

(b) This section does not apply if the statute of limitations has more than three years to run when the disability is removed.

(c) Imprisonment, absence from the State, or marriage are not disabilities which extend the statute of limitations.
Md. Code, State Finance and Procurement § 5-7B-05 — MD Code / Article gsf / Title 5 / Subtitle 7B / Section 5-7B-05
§5–7B–05.
Status: in_force

(a) (1) The State may provide funding for a growth–related project not in a priority funding area if:

(i) the Board of Public Works determines that extraordinary circumstances exist in accordance with the requirements of paragraph (2) of this subsection; or

(ii) the Board of Public Works approves the project as a transportation project that meets the requirements of paragraph (3) of this subsection.

(2) In order to determine that extraordinary circumstances exist under paragraph (1) of this subsection, the Board shall determine by a majority vote that:

(i) the failure to fund the project in question creates an extreme inequity, hardship, or disadvantage that clearly outweighs the benefits from locating a project in a priority funding area; and

(ii) there is no reasonable alternative for the project in a priority funding area in another location within the county or an adjacent county.

(3) The Board of Public Works may approve a transportation project under paragraph (1)(ii) of this subsection if the transportation project:

(i) maintains the existing transportation system, if the Department of Transportation and the Department of Planning determine the project does not serve to significantly increase highway capacity;

(ii) serves to connect priority funding areas, if:

1. the Department of Transportation and the Department of Planning determine that adequate access control or other measures are in place to:

A. prevent development that is inconsistent with § 5–7A–01 of this title; and

B. maintain the viability of the project while concomitantly constraining development which potentially detracts from main street business areas; and

2. the Department of Transportation and the Department of Planning have first determined whether alternative transportation modes, such as mass transit and transportation demand management, provide a reasonable alternative to the project and that no reasonable alternative exists;

(iii) has the sole purpose of providing control of access by the Department of Transportation along an existing highway corridor; or

(iv) due to its operational or physical characteristics, must be located away from other development.

(b) (1) A request for approval by the Board under subsection (a) of this section may be made at the request of the governing body of the local jurisdiction in which the project is located or the Secretary with approval authority over the project.

(2) When making a request to the Board of Public Works, the applicant shall:

(i) identify the extraordinary circumstances that require State funds for the project; and

(ii) demonstrate that no feasible alternatives exist to making an exception to the requirements of this subtitle.

(3) The Board of Public Works, at its discretion, may require remedial actions to mitigate any negative impacts of the proposed project.

(c) (1) When a request is made to the Board of Public Works for an exception under this section, the Board of Public Works may request from the Department of Planning an advisory opinion on the request for the exception.

(2) Upon receiving a request for an advisory opinion under this subsection, the Department, if requested by a member of the public, shall hold a public meeting to gather information relevant to the advisory opinion.
Md. Code, Transportation § 5-610 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

(a) The legislative body of a political subdivision that adopts airport zoning regulations under this subtitle may:

(1) Delegate the duty of administering and enforcing the regulations to any administrative agency under its jurisdiction; or

(2) Create a new administrative agency to perform this duty.

(b) The duties of the administrative agency include receiving applications for and deciding whether or not to issue permits applied for under § 5-611 of this subtitle.

(c) The administrative agency may not be or include any member of the board of appeals, and it may not exercise any of the powers delegated to the board of appeals.
Md. Code, Corporations and Associations § 5-6B-29 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-29
§5–6B–29.
Status: in_force

(a) Subject to the requirements of this section, a proprietary lease or the bylaws of a cooperative housing corporation may provide for a late charge of no more than $15 or one–tenth of the total amount of any delinquent assessment or installment owed by a member, whichever is greater.

(b) A late charge may not be imposed more than once for the same delinquent assessment or installment.

(c) A late charge may only be imposed if the delinquency has continued for a period of 10 days or more.
Md. Code, Family Law § 5-204 — MD Code / Article gfl / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) (1) If a minor child has only 1 parent, the domicile of the child is the same as that of the parent.

(2) If the parents of a minor child live together, and the child lives with them, the domicile of the child is the same as that of the parents.

(b) If the parents of a minor child live apart, the domicile of the child is the same as that of:

(1) the parent to whom custody is awarded; or

(2) if custody has not been awarded, the parent with whom the child lives.

(c) If a minor child does not live with either parent, the domicile of the child is the same as that of the person who acts in the capacity of a parent.
Md. Code, Corporations and Associations § 5-6B-20 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-20
§5–6B–20.
Status: in_force

(a) This section does not apply to the distribution of information or materials at any time before the members, other than the developer, have a majority of votes in the cooperative housing corporation.

(b) Subject to subsection (c) of this section, a cooperative housing corporation shall allow any member to distribute written information or materials regarding matters relating to the operation of the cooperative housing corporation in the same place and manner as the governing body distributes written information or materials other than:

(1) Information or materials reflecting assessments imposed on members that the governing body distributes door–to–door; or

(2) Meeting notices that the governing body distributes door–to–door.

(c) A cooperative housing corporation may place reasonable restrictions on the time of any distribution of written information or materials.
Md. Code, Economic Development § 5-336 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-336
§5–336.
Status: in_force

A county or municipal corporation may elect to participate in the Brownfields Revitalization Incentive Program by:

(1) (i) submitting to the Department a list of potential brownfields sites in the county or municipal corporation, ranked in the order of priority for redevelopment that the county or municipal corporation recommends; and

(ii) updating each year the list submitted under item (i) of this item; or

(2) (i) enacting legislation granting property tax credits in accordance with § 9-229 of the Tax - Property Article; and

(ii) notifying the Department of the legislation.
Md. Code, State Finance and Procurement § 5A-316 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-316
§5A–316.
Status: in_force

(a) (1) The trustees shall appoint a Director, with the approval of the Governor.

(2) The Director is the chief administrative officer of the Trust.

(b) The Director shall have:

(1) knowledge in architecture, history, archaeology, or another appropriate discipline relating to historic preservation; and

(2) experience in historic preservation or related fields.

(c) The Director serves at the pleasure of the Board and may be removed with the concurrence of the Governor.

(d) (1) The Director is entitled to the salary provided in the State budget.

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

(e) Under the direction of the Board, the Director shall perform the duties and functions that the Board prescribes.
Md. Code, Corporations and Associations § 5-104 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

(a) A professional corporation may not render a professional service or engage in an activity other than the professional service authorized by its articles of incorporation.

(b) Except as provided in subsection (c) of this section, subsection (a) of this section does not prohibit a professional corporation from investing its funds in real estate, mortgages, securities, or any other type of investment.

(c) A professional corporation may not, through any investment, subsidiary, or other means, engage or participate in the active management of any entity, association, or venture whose business purpose is not reasonably related to the rendering of a professional service authorized by its articles of incorporation.
Md. Code, Corporations and Associations § 5-5A-22 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-22
§5–5A–22.
Status: in_force

(a) At least annually the directors of the cooperative, as the articles of incorporation or bylaws may provide, shall apportion the net savings of the cooperative in the following order:

(1) An adequate portion of the net savings may be placed in a reserve fund, as specified in the bylaws.

(2) A return on stock and membership capital may be paid, not to exceed the allowable annual return as specified in the articles of incorporation or bylaws.

(3) The remainder may be:

(i) Allocated as savings return to members, patrons, or subscribers, in proportion to their individual patronage;

(ii) Allocated to individual members’ equity accounts;

(iii) Accumulated in the cooperative’s general fund as unallocated member equity; or

(iv) Distributed in some proportion of subparagraphs (i), (ii), and (iii) of this paragraph.

(b) The following provisions shall prevail when any of the net savings are allocated as savings returns:

(1) In the case of a subscriber patron, the proportionate amount of net savings may, as the articles of incorporation or bylaws of the cooperative provide:

(i) Be distributed to the subscriber patron;

(ii) Be set aside in the general funds of the cooperative; or

(iii) Be credited to the subscriber patron’s account until the minimum amount of capital necessary for membership is accumulated. When a sum equal to the minimum capital has accumulated subject to paragraph (2) of this subsection, the subscriber patron will become a member if the subscriber patron agrees and requests; or

(2) (i) If within a period of time specified in the bylaws, a subscriber patron has not accumulated and paid the amount of capital subscribed for, or necessary for membership, as specified in its articles of incorporation or bylaws, or if a nonmember has accumulated in the nonmember’s account the sum necessary for membership, or has accumulated the sum but, within 30 days of being notified of the accumulation, neither requests nor agrees to become a member, or fails to comply with the provisions of this subtitle or the bylaws for admission to membership, then the amount so accumulated or paid may, if the articles of incorporation or bylaws provide, be added to the general funds of the cooperative.

(ii) Thereafter no subscriber patron or nonmember may have any further rights in that paid-in capital or accumulated credits.

(c) This subtitle does not prevent a cooperative engaged in providing goods, facilities, or services from using the net savings in a manner calculated to lower the fees charged for goods, facilities, or services or otherwise to further the common benefit of the members.

(d) This subtitle does not prevent a cooperative from adopting a system by which the payment of net savings, which would otherwise be distributed, is deferred for a fixed period of time, nor from adopting a system by which the net savings distributed are partly in cash, stock, membership capital, debt instruments, goods, or services.
Md. Code, Economic Development § 5-511 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-511
§5–511.
Status: in_force

(a) In this section, “Authority staff” means any of the individuals who are employed by the Department to operate the programs of the Authority immediately prior to the execution by the Department of a contract under this section with the private corporation organized by any of those individuals.

(b) (1) The Department may contract for and engage the services of some or all of the Authority staff to administer the programs of the Authority, for a period of 3 years, if the Authority staff has organized itself as a private Maryland corporation.

(2) The Department may:

(i) extend the termination date of the contract in effect as of September 30, 2008, to June 30, 2012, and modify that extended contract as needed; and

(ii) renew the extended contract for up to two additional 5–year terms, and modify that renewed and extended contract as needed.

(3) An extension or renewal contract shall include standards to evaluate the performance of the private contractor in rendering services under the contract.

(c) In its name the corporation may use “Maryland Small Business Development Financing Agency”, “MSBDFA, Inc.”, or any close approximation of those terms.
Md. Code, Agriculture § 5-314 — MD Code / Article gag / Title 5 / Subtitle 3 / Section 5-314
§5–314.
Status: in_force

(a) Instead of any other penalty authorized under this article, the Secretary may impose, on any person who violates any provision of this subtitle or any order which the Secretary has issued under this subtitle, a civil penalty not exceeding $500 for each violation.

(b) Penalties collected by the Secretary under this section shall be paid into the General Fund of the State.

(c) The Secretary shall adopt regulations to carry out the provisions of this section.
Md. Code, Human Services § 5-412 — MD Code / Article ghu / Title 5 / Subtitle 4 / Section 5-412
§5–412.
Status: in_force

(a) Any assistance granted under this part is subject to future repeal or amendment of this part.

(b) A recipient is not entitled to compensation if the recipient’s assistance is affected by repeal or amendment of this part.
Md. Code, Health - General § 5-707 — MD Code / Article ghg / Title 5 / Subtitle 7 / Section 5-707
§5–707.
Status: in_force

Upon request of the chair of the local team and as necessary to carry out the local team’s purpose and duties, the local team shall be immediately provided:

(1) Access to information and records, including information on prenatal care, maintained by a health care provider regarding:

(i) A child whose death is being reviewed by the local team; or

(ii) A child convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality; and

(2) Access to all information and records maintained by any State or local government agency, including birth certificates, law enforcement investigative information, medical examiner investigative information, parole and probation information and records, and information and records of a social services agency that provided services to:

(i) A child whose death is being reviewed by the local team;

(ii) A child convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality; or

(iii) The family of a child described in item (i) or (ii) of this paragraph.
Md. Code, State Finance and Procurement § 5-102 — MD Code / Article gsf / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

This title does not limit any planning powers that are conferred on any unit of the State government or of a local government by any other State law or local law that existed on June 1, 1959.
Md. Code, Environment § 5-101 — MD Code / Article gen / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Administration” means the Water and Science Administration.

(c) “Appropriate county governing body” means the county commissioners of any nonchartered county or the county council of any chartered county in which a portion of the watershed is located.

(d) “County” includes Baltimore City unless otherwise indicated.

(e) “Department” means the Department of the Environment.

(f) “Director” means the Director of the Water and Science Administration.

(g) “Person” includes the federal government, 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.

(h) (1) “Pollution” means every contamination or other alteration of the physical, chemical, or biological properties of any waters of the State.

(2) “Pollution” includes change in temperature, taste, color, turbidity, or odor of the waters of the State or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any waters of the State as will render the waters of the State harmful, detrimental, or injurious to public health, safety, or welfare, domestic, commercial, industrial, agricultural, recreational, other legitimate beneficial uses, or livestock, wild animals, birds or fish or other aquatic life.

(i) “Public water system” has the meaning stated in § 9–401 of this article.

(j) “Secretary” means the Secretary of the Environment.

(k) “Water management strategy area” means an area designated by the Department in which a specific water resource problem has been identified and for which the Department has adopted specific water use restrictions or criteria for permit approval in order to protect the water resource or existing water users.

(l) “Waters of the State” includes:

(1) Both surface and underground waters within the boundaries of the State subject to its jurisdiction;

(2) That portion of the Atlantic Ocean within the boundaries of the State;

(3) The Chesapeake Bay and its tributaries;

(4) All ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and

(5) The floodplain of free–flowing waters determined by the Department on the basis of the 100–year flood frequency.
Md. Code, Economic Development § 5-2403 — MD Code / Article gec / Title 5 / Subtitle 24 / Section 5-2403
§5–2403.
Status: in_force

(a) (1) There is an Industry 4.0 Technology Grant Fund.

(2) The Secretary shall administer the Fund.

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

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

(b) 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.

(c) The Fund may be used only for providing grants under the Program to eligible applicants.

(d) (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 General Fund of the State.

(3) For each of fiscal years 2025 through 2028, the Governor shall include in the annual budget bill an appropriation of $1,000,000 to the Fund.
Md. Code, Corporations and Associations § 5-654 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-654
§5–654.
Status: in_force

(a) In this section, “electric easement” means an easement held by a cooperative for the siting of electric facilities, regardless of whether the easement is for the exclusive benefit of the cooperative or for use by other utility companies.

(b) This section applies only to a cooperative in the exercise of its authority under § 5–607(a)(12) of this subtitle to construct, maintain, or operate conducting or communications facilities within an electric easement that does not expressly provide for the construction, maintenance, or operation of conducting or communications facilities within the easement.

(c) (1) Except as provided in paragraph (3) of this subsection, a cooperative shall give notice to each owner of property subject to an electric easement at least 60 days before the cooperative:

(i) Constructs conducting or communications facilities within the easement; or

(ii) Makes capacity available for telecommunications, broadband Internet access, or related services within the electric easement.

(2) The cooperative shall give the notice required under this subsection by:

(i) Posting notice on the cooperative’s website; and

(ii) Including the notice with billing information such as a bill insert or bill message.

(3) The cooperative shall give the notice required under this section at the next following annual member meeting of the cooperative after the notice has been given under paragraph (2) of this subsection.

(4) The notice shall contain:

(i) A statement indicating the cooperative’s intent to use the electric easement by:

1. Constructing new conducting or communications facilities; or

2. Making capacity available for telecommunications, broadband Internet access, or related services through existing facilities; and

(ii) A written plan for making broadband Internet service available within the cooperative’s service territory.
Md. Code, Corporations and Associations § 5-631 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-631
§5–631.
Status: in_force

(a) A cooperative that has not begun doing business may be dissolved by filing articles of dissolution for record with the Department.

(b) The articles of dissolution shall be signed and acknowledged for the cooperative by a majority of the incorporators of the cooperative.

(c) The articles of dissolution shall contain:

(1) The name of the cooperative and the address of its principal office; and

(2) A statement that:

(i) The cooperative has not begun doing business;

(ii) Any money received by the cooperative, less any disbursements for expenses of the cooperative, has been returned or paid to the persons entitled to the money;

(iii) All debts of the cooperative have been paid; and

(iv) A majority of the incorporators of the cooperative elect that the cooperative be dissolved.
Md. Code, Criminal Law § 5-304 — MD Code / Article gcr / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) If an authorized provider is authorized to dispense or conduct research under State law, the Department shall register the authorized provider to dispense a controlled dangerous substance or to conduct research with a controlled dangerous substance listed in Schedule II through Schedule V.

(b) An authorized provider who prescribes a controlled dangerous substance listed in Schedule II through Schedule V shall be registered with the Prescription Drug Monitoring Program described in Title 21, Subtitle 2A of the Health – General Article before obtaining a new or renewal registration with the Department under subsection (a) of this section.

(c) The Department need not require separate registration under this section for an authorized provider who is:

(1) engaged in research with a nonnarcotic controlled dangerous substance in Schedule II through Schedule V; and

(2) already registered under this subtitle in another capacity.

(d) An authorized provider may conduct research in the State with a controlled dangerous substance listed in Schedule I if the authorized provider is registered under federal law to conduct research with a controlled dangerous substance listed in Schedule I and gives evidence of the registration to the Department.
Md. Code, Commercial Law § 5-102 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: reserved

(a) In this title:

(1) “Adviser” means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed, or amended.

(2) “Applicant” means a person at whose request or for whose account a letter of credit is issued. The term includes a person who requests an issuer to issue a letter of credit on behalf of another if the person making the request undertakes an obligation to reimburse the issuer.

(3) “Beneficiary” means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. The term includes a person to whom drawing rights have been transferred under a transferable letter of credit.

(4) “Confirmer” means a nominated person who undertakes, at the request or with the consent of the issuer, to honor a presentation under a letter of credit issued by another.

(5) “Dishonor” of a letter of credit means failure timely to honor or to take an interim action, such as acceptance of a draft, that may be required by the letter of credit.

(6) “Document” means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion (i) which is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in § 5-108(e) of this title and (ii) which is capable of being examined for compliance with the terms and conditions of the letter of credit. A document may not be oral.

(7) “Good faith” means honesty in fact in the conduct or transaction concerned.

(8) “Honor” of a letter of credit means performance of the issuer’s undertaking in the letter of credit to pay or deliver an item of value. Unless the letter of credit otherwise provides, “honor” occurs:

(i) Upon payment;

(ii) If the letter of credit provides for acceptance, upon acceptance of a draft and, at maturity, its payment; or

(iii) If the letter of credit provides for incurring a deferred obligation, upon incurring the obligation and, at maturity, its performance.

(9) “Issuer” means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes.

(10) “Letter of credit” means a definite undertaking that satisfies the requirements of § 5-104 of this title by an issuer to a beneficiary at the request or for the account of an applicant or, in the case of a financial institution, to itself or for its own account, to honor a documentary presentation by payment or delivery of an item of value.

(11) “Nominated person” means a person whom the issuer (i) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit and (ii) undertakes by agreement or custom and practice to reimburse.

(12) “Presentation” means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit.

(13) “Presenter” means a person making a presentation as or on behalf of a beneficiary or nominated person.

(14) “Record” means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form.

(15) “Successor of a beneficiary” means a person who succeeds to substantially all of the rights of a beneficiary by operation of law, including a corporation with or into which the beneficiary has been merged or consolidated, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator, and receiver.

(b) Definitions in other titles of this article applying to this title and the sections in which they appear are:

“Accept” or “Acceptance.” § 3-409.

“Value.” §§ 3-303 and 4-211.

(c) Title 1 of this article contains certain additional general definitions and principles of construction and interpretation applicable throughout this article.
Md. Code, Family Law § 5-339 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-339
§5–339.
Status: in_force

(a) (1) Consent of a parent to an adoption under this Part III of this subtitle may include:

(i) a provision barring a petitioner from learning identifying information about the parent; and

(ii) a waiver of the right to notice of further proceedings under this Part III of this subtitle.

(2) Consent to adoption entered into before a judge on the record shall include a waiver of the revocation period.

(3) Consent of a party to an adoption under this Part III of this subtitle is not valid unless:

(i) the consent is given in a language that the party understands;

(ii) if given in a language other than English, the consent:

1. is given before a judge on the record; or

2. is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;

(iii) the consent names the child;

(iv) the consent contains enough information to identify the prospective adoptive parent;

(v) the party has received written notice or on–the–record notice of:

1. the revocation provisions in subsections (a)(2) and (b)(1) of this section;

2. the search rights of adoptees and parents under § 5–359 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and

3. the right to file a disclosure veto under § 5–359 of this subtitle; and

(vi) the consent is accompanied by an affidavit of counsel appointed under § 5–307(a) of this subtitle, stating that a parent who is a minor or has a disability consents knowingly and voluntarily.

(b) (1) Subject to paragraph (2) of this subsection, a parent may revoke consent to adoption under this Part III of this subtitle at any time within the later of:

(i) 30 days after the parent signs the consent; or

(ii) 30 days after the adoption petition is filed.

(2) Consent to adoption under subsection (a)(2) of this section is irrevocable.

(c) A local department may revoke consent to an adoption under this Part III of this subtitle at any time before a juvenile court enters an order of adoption under this Part III of this subtitle.

(d) A child may revoke consent or object to an adoption under this Part III of this subtitle at any time before a juvenile court enters an order of adoption under this Part III of this subtitle.
Md. Code, Election Law § 5-901 — MD Code / Article gel / Title 5 / Subtitle 9 / Section 5-901
§5–901.
Status: in_force

(a) This section does not apply to a vacancy in nomination in the office of a Governor and Lieutenant Governor unit.

(b) This section applies to a vacancy in candidacy for a primary election that occurs because:

(1) of the death, disqualification, or withdrawal of an unopposed candidate; or

(2) no candidate for the political party files a certificate of candidacy for the election.

(c) (1) Except for a vacancy in candidacy for the election of a member of the Senate of Maryland or the House of Delegates as provided in paragraph (2) of this subsection, the vacancy in candidacy for a political party that is entitled to have a candidate on the ballot for an office elected by the voters of more than one county shall be filled by the State central committee or governing body of that political party.

(2) (i) In a State legislative district or a State delegate district comprising more than one county, a vacancy in candidacy for a political party that is entitled to have a candidate on the ballot shall be filled by a vote of the central committee in the counties in the district.

(ii) In filling the vacancy in candidacy under subparagraph (i) of this paragraph, the central committee of each county where the vacancy occurs shall cast a vote proportionate to its share of the total registered voters of the district as reported in the most recent statistical report by the State Board.

(iii) If no person receives a majority of the votes cast under subparagraph (ii) of this paragraph, or if there is a tie vote by the central committees, the vacancy in candidacy shall be filled by the State central committee of the political party.

(d) For any public or party office not described in subsection (c) of this section, a vacancy in candidacy under this section shall be filled by the central committee of the political party in the county in which the office is located.

(e) (1) A central committee authorized to fill a vacancy in candidacy for an office under this section because of the withdrawal of an unopposed candidate or because no candidate filed for the office shall file a certificate of designation of candidacy with the appropriate board designated to receive the certificate of candidacy for that office 4 days after the withdrawal date provided in § 5–502 of this title.

(2) A central committee authorized to fill a vacancy in candidacy for an office under this section because of the death or disqualification of an unopposed candidate shall file a certificate of designation with the appropriate board designated to receive the certificate of candidacy for that office 4 days after the death or disqualification becomes known to the applicable board in accordance with § 5–504 of this title.

(f) The individual designated by a central committee under subsection (e) of this section to fill a vacancy shall file a certificate of candidacy in accordance with Subtitle 3 of this title with the appropriate board by the date specified for the applicable central committee to file a certificate of designation under subsection (e) of this section.
Md. Code, Agriculture § 5-401 — MD Code / Article gag / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

The Secretary, in the name of the State, may acquire for its use property rights of any kind by gift, purchase, or condemnation from the owner, as it deems desirable or necessary for the purpose of carrying out the provisions of this subtitle.
Md. Code, Family Law § 5-704.2 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-704.2
§5–704.
Status: in_force

§5–704.2.

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

(2) “Controlled drug” means a controlled dangerous substance included in Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule V under Title 5, Subtitle 4 of the Criminal Law Article.

(3) “Health care practitioner” has the meaning stated in § 1–301 of the Health Occupations Article.

(4) “Newborn” means a child under the age of 30 days who is born or who receives care in the State.

(b) For purposes of this section, a newborn is “substance–exposed” if the newborn:

(1) displays a positive toxicology screen for a controlled drug as evidenced by any appropriate test after birth;

(2) displays the effects of controlled drug use or symptoms of withdrawal resulting from prenatal controlled drug exposure as determined by medical personnel; or

(3) displays the effects of a fetal alcohol spectrum disorder.

(c) Except as provided in subsection (e) of this section, a health care practitioner involved in the delivery or care of a substance–exposed newborn shall:

(1) make an oral report to the local department as soon as possible; and

(2) make a written report to the local department not later than 48 hours after the contact, examination, attention, treatment, or testing that prompted the report.

(d) In the case of a substance–exposed newborn in a hospital or birthing center, a health care practitioner shall notify and provide the information required under this section to the head of the institution or the designee of the head.

(e) A health care practitioner is not required to make a report under this section if the health care practitioner:

(1) has knowledge that the head of an institution or the designee of the head or another individual at that institution has made a report regarding the substance–exposed newborn; or

(2) has verified that, at the time of delivery:

(i) the mother was using a controlled substance as currently prescribed for the mother by a licensed health care practitioner;

(ii) the newborn does not display the effects of withdrawal from controlled substance exposure as determined by medical personnel;

(iii) the newborn does not display the effects of fetal alcohol spectrum disorder; and

(iv) the newborn is not affected by substance abuse.

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

(1) the name, date of birth, and home address of the newborn;

(2) the names and home addresses of the newborn’s parents;

(3) the nature and extent of the effects of the prenatal alcohol or drug exposure on the newborn;

(4) the nature and extent of the impact of the prenatal alcohol or drug exposure on the mother’s ability to provide proper care and attention to the newborn;

(5) the nature and extent of the risk of harm to the newborn; and

(6) any other information that would support a conclusion that the needs of the newborn require a prompt assessment of risk and safety, the development of a plan of safe care for the newborn, and referral of the family for appropriate services.

(g) Within 48 hours after receiving the notification pursuant to subsection (c) of this section, the local department shall:

(1) see the newborn in person;

(2) consult with a health care practitioner with knowledge of the newborn’s condition and the effects of any prenatal alcohol or drug exposure; and

(3) attempt to interview the newborn’s mother and any other individual responsible for care of the newborn.

(h) (1) Promptly after receiving a report under subsection (c) of this section, the local department shall assess the risk of harm to and the safety of the newborn to determine whether any further intervention is necessary.

(2) If the local department determines that further intervention is necessary, the local department shall:

(i) develop a plan of safe care for the newborn;

(ii) assess and refer the family for appropriate services, including alcohol or drug treatment; and

(iii) as necessary, develop a plan to monitor the safety of the newborn and the family’s participation in appropriate services.

(i) A report made under this section does not create a presumption that a child has been or will be abused or neglected.

(j) The Secretary of Human Services shall adopt regulations to implement the provisions of this section.
Md. Code, Courts and Judicial Proceedings § 5-608 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

An individual is not civilly liable for any act or omission while providing support to the emergency medical system by giving care, equipment, facilities, or consultation, if:

(1) The individual is a member or employee of any federal, State, county, or city government, hospital, emergency medical service council, or agency that operates as a nonprofit group;

(2) The act or omission is not one of gross negligence; and

(3) The service is provided without fee to the emergency victim.
Md. Code, Economic Development § 5-1701 — MD Code / Article gec / Title 5 / Subtitle 17 / Section 5-1701
§5–1701.
Status: in_force

In this subtitle, “Program” means the Business Telework Assistance Grant Program.
Md. Code, General Provisions § 5-859 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-859
§5–859.
Status: in_force

(a) This section does not apply to a communication between a member of the governing body and an employee of the Frederick County government whose duties involve giving aid or advice to a member of the governing body concerning a pending application.

(b) A member of the governing body who communicates ex parte with an individual concerning a pending application during the pendency of the application shall file with the Chief Administrative Officer a separate disclosure for each communication within the later of 7 days after the communication was made or received.
Md. Code, Economic Development § 5-801 — MD Code / Article gec / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

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

(b) (1) “Private corporation” means a Maryland corporation organized to establish, operate, and maintain a foreign trade zone under the federal Foreign Trade Zones Act.

(2) “Private corporation” does not include a public corporation.

(c) “Public corporation” means:

(1) the State;

(2) a subdivision of the State; or

(3) an incorporated public authority, commission, agency, or other corporate instrumentality of:

(i) the State;

(ii) a subdivision or municipal corporation of the State; or

(iii) the State and another state.
Md. Code, Insurance § 5-802 — MD Code / Article gin / Title 5 / Subtitle 8 / Section 5-802
§5–802.
Status: in_force

This subtitle applies to each alien insurer that desires to use Maryland as a state of entry to transact insurance business in the United States.