Md. Code, State Finance and Procurement § 5A-346 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-346
§5A–346.
Status: in_force

(a) (1) A person who violates § 5A-339, § 5A-341, § 5A-342, or § 5A-343 of this subtitle, or a regulation adopted under any of those sections is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both.

(2) If a person is found guilty of a violation under paragraph (1) of this subsection, the court:

(i) may impose costs against the person; and

(ii) on request by the Trust, may revoke any permit issued to the person under § 5A-340, § 5A-341, § 5A-342, or § 5A-343 of this subtitle.

(3) Each day on which a violation occurs is a separate violation.

(b) (1) A person who violates any term of a permit issued under § 5A-341 of this subtitle for use of a submerged archaeological historic property for commercial salvage or other income-producing purpose is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $10,000 or both.

(2) If a person is found guilty of a violation under paragraph (1) of this subsection, the court:

(i) may impose costs against the person; and

(ii) on request by the Trust, may revoke the person’s permit.

(3) Each day on which a violation occurs is a separate violation.

(c) Materials and recorded information obtained in violation of § 5A-339, § 5A-341, § 5A-342, or § 5A-343 of this subtitle are subject to appropriation by the State and will be managed, cared for, and administered by the Trust.
Md. Code, Natural Resources § 5-1405 — MD Code / Article gnr / Title 5 / Subtitle 14 / Section 5-1405
§5–1405.
Status: in_force

(a) A person may not excavate, remove, destroy, injure, deface, or in any manner disturb any paleontological site or any part thereof, including saltpeter workings, fossils, bones, or any other paleontological features which may be found in any cave.

(b) Notwithstanding the provisions of subsection (a) of this section, a permit to excavate or remove paleontological features may be obtained from the Secretary. The permit shall be issued for a period of two years and may be renewed at expiration. It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit.

(c) A person applying for a permit shall:

(1) Have knowledge of paleontology.

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work.

(3) Provide data and results of any completed excavation, study, or collection at the first of each calendar year.

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on State-owned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land.

(5) Carry the permit while exercising the privileges granted.

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor, and upon conviction shall be fined not less than $100 nor more than $500, and may be imprisoned for not less than ten days nor more than six months. A person who violates any of the provisions of subsection (b) of this section is guilty of a misdemeanor, and, upon conviction, shall be fined not less than $100 nor more than $500, and the permit shall be revoked.
Md. Code, Natural Resources § 5-509 — MD Code / Article gnr / Title 5 / Subtitle 5 / Section 5-509
§5–509.
Status: in_force

The provisions of Subtitle 13 do not apply to this subtitle.
Md. Code, Labor and Employment § 5-409 — MD Code / Article gle / Title 5 / Subtitle 4 / Section 5-409
§5–409.
Status: in_force

(a) In this section, “fire department official”:

(1) means an individual who is responsible for the administration of a fire department in a political subdivision or a designee of the individual; and

(2) includes a fire administrator or fire chief.

(b) On request, an employer shall give a fire department official:

(1) a list of work areas, identified by name and location, and the appropriate chemical information list for each work area; and

(2) a material safety data sheet for each hazardous chemical included on the chemical information list.

(c) On notice, the employer at a retail establishment shall allow a fire department official to have access to the establishment, during normal business hours, to develop prefire strategy.

(d) (1) Except as provided in paragraph (2) of this subsection, information submitted or made available under this section is privileged and may not be disclosed to any person or in any civil proceeding.

(2) A fire department official who obtains information under subsection (b) of this section shall make the information available, on request, to an ambulance squad, fire inspection, fire suppression, or rescue squad unit within the same jurisdiction.
Md. Code, State Finance and Procurement § 5-814 — MD Code / Article gsf / Title 5 / Subtitle 8 / Section 5-814
§5–814.
Status: in_force

(a) The Commission consists of the following 36 voting members:

(1) 7 individuals, 1 from each of the following 7 counties, appointed by the Governor on the recommendation of the governing body of that county:

(i) Anne Arundel County;

(ii) Calvert County;

(iii) Charles County;

(iv) Howard County;

(v) Montgomery County;

(vi) Prince George’s County; and

(vii) St. Mary’s County;

(2) 1 individual representing the Washington Suburban Sanitary Commission, appointed by the Governor;

(3) 1 individual from each of the following regional planning agencies, appointed by the Governor:

(i) the Maryland–National Capital Park and Planning Commission, Montgomery County;

(ii) the Maryland–National Capital Park and Planning Commission, Prince George’s County; and

(iii) the Tri–County Council for Southern Maryland;

(4) 1 individual, representing a municipality in the watershed, appointed by the Governor on the recommendation of the corresponding governing body of that municipality;

(5) 1 individual representing a large federal facility in the watershed, appointed by the Governor;

(6) as far as possible, the following individuals appointed by the Governor with the advice and consent of the Senate, shall be selected to represent broad geographic, economic, and social interests within the watershed:

(i) 2 individuals representing farming interests;

(ii) 1 individual representing business interests;

(iii) 4 individuals representing environmental and citizen interests;

(iv) 2 individuals representing developer interests;

(v) 1 individual representing academic interests;

(vi) 2 individuals, 1 each, representing 2 soil conservation districts;

(vii) 1 individual representing the University of Maryland Cooperative Extension Service;

(viii) 1 individual representing watermen interests; and

(ix) 1 individual representing an organization or unit of local government engaged in watershed management and restoration;

(7) the Patuxent Riverkeeper; and

(8) as ex officio members:

(i) the Secretary of Agriculture or a designee;

(ii) the Secretary of the Environment or a designee;

(iii) the Secretary of Natural Resources or a designee;

(iv) the Secretary of Planning or a designee;

(v) the Secretary of Transportation or a designee;

(vi) the Chief of the Planning Division, U.S. Army Corps of Engineers, Baltimore District or a designee; and

(vii) the President of the University of Maryland Center for Environmental Science or a designee.

(b) (1) The term of a member appointed under subsection (a)(1) through (6) of this section is 4 years.

(2) At the end of a term, a member appointed under subsection (a)(1) through (6) of this section continues to serve until a successor is appointed and qualifies.

(3) A member who is appointed under subsection (a)(1) through (6) of this section after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(4) The terms of the members are staggered as required by the terms provided for members of the Commission on October 1, 1995.

(c) (1) The Commission may establish and abolish nonvoting memberships.

(2) A nonvoting member shall be appointed by the Commission for a term set by the Commission.
Md. Code, Insurance § 5-310 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

(a) Subject to subsection (b) of this section, the Commissioner may establish any category of policies, contracts, or benefits for which reserves may be calculated, at the option of the insurer, under a standard that produces greater aggregate reserves for the category than the aggregate reserves calculated using the minimum standard provided in this subtitle.

(b) (1) This subsection does not apply to annuity contracts or pure endowment contracts.

(2) The interest rate used to calculate the reserve for a policy or contract under a standard other than the minimum standard in this subtitle may not be higher than the corresponding interest rate used to calculate any nonforfeiture benefits provided by the policy or contract.
Md. Code, Family Law § 5-3B-14 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-14
§5–3B–14.
Status: in_force

A court shall give notice of the filing of an adoption petition to each individual whose consent has been filed under this subtitle and who has not waived the right to notice.
Md. Code, Corporations and Associations § 5-117 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-117
§5–117.
Status: in_force

(a) A majority of the directors and all of the officers of a professional corporation, except the secretary and treasurer, must be qualified persons with respect to the corporation.

(b) Whether or not organized as a close corporation under Title 4 of this article:

(1) The number of directors in a professional corporation may be less than 3;

(2) The officers of a professional corporation may be limited to president, treasurer, and secretary and an individual may hold more than one office; and

(3) Notwithstanding any other provision of law, an individual who holds more than one office in a professional corporation may act in more than one capacity to execute, acknowledge, or verify any instrument required to be executed, acknowledged, or verified by more than one officer.
Md. Code, State Government § 5-107 — MD Code / Article gsg / Title 5 / Subtitle 1 / Section 5-107
§5–107.
Status: in_force

If the Office of the Treasurer becomes vacant, the Chief Deputy Treasurer is the deputy treasurer who acts as Treasurer under Article VI, § 1 of the Maryland Constitution.
Md. Code, Estates and Trusts § 5-802 — MD Code / Article get / Title 5 / Subtitle 8 / Section 5-802
§5–802.
Status: in_force

A petition for admission of a copy of a will may be filed with the court at any time before administrative or judicial probate if:

(1) The original executed will is alleged to be lost or destroyed;

(2) A duplicate reproduction of the original executed will, evidencing a copy of the original signatures of the decedent and the witnesses, is offered for admission; and

(3) All the heirs at law and legatees named in the offered will execute a consent in the manner set forth in § 5–803 of this subtitle.
Md. Code, General Provisions § 5-512 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-512
§5–512.
Status: in_force

(a) (1) In this section, “close economic association” means the association between a legislator and:

(i) the legislator’s:

1. employer;

2. employee; or

3. partner in a business or professional enterprise;

(ii) a partnership, limited liability partnership, or limited liability company in which the legislator has invested capital or owns an interest;

(iii) a corporation in which the legislator owns the lesser of:

1. 10% or more of the outstanding capital stock; or

2. capital stock with a cumulative value of $35,000 or more;

(iv) a corporation in which the legislator is an officer, a director, or an agent; and

(v) an entity with which the legislator is negotiating employment or has arranged prospective employment.

(2) “Close economic association” does not include a legislator’s ownership of stock directly through a mutual fund, an exchange–traded fund, a retirement plan, or any other similar commingled investment vehicle the individual investments of which the legislator does not control or manage.

(b) (1) An interest of a member of the General Assembly conflicts with the public interest if the legislator’s interest tends to impair the legislator’s independence of judgment.

(2) The conflict disqualifies the legislator from participating in any legislative action, or otherwise attempting to influence any legislation, to which the conflict relates.

(c) It is presumed that an interest disqualifies a legislator from participating in legislative action whenever the legislator:

(1) has or acquires a direct interest in an enterprise that would be affected by the legislator’s vote on proposed legislation, unless the interest is common to all members of:

(i) a profession or occupation of which the legislator is a member; or

(ii) the general public or a large class of the general public;

(2) benefits financially from a close economic association with a person whom the legislator knows has a direct interest in an enterprise or interest that would be affected by the legislator’s participation in legislative action, differently from other like enterprises or interests;

(3) benefits financially from a close economic association with a person who is lobbying for the purpose of influencing legislative action; or

(4) solicits, accepts, or agrees to accept a loan, other than a loan from a commercial lender in the normal course of business, from a person who would be affected by or has an interest in an enterprise that would be affected by the legislator’s participation in legislative action.
Md. Code, Criminal Law § 5-803 — MD Code / Article gcr / Title 5 / Subtitle 8 / Section 5-803
§5–803.
Status: in_force

(a) (1) The Secretary of State Police may pay a person the sum of money that the Secretary considers appropriate for information about a violation of this title.

(2) The money shall:

(i) be paid without reference to any reward to which the person may otherwise be entitled by law; and

(ii) be from funds appropriated for the Department of State Police, Intelligence Division.

(b) Money that is expended from appropriations of the Department of State Police, Intelligence Division, for purchase of controlled dangerous substances and that is subsequently recovered shall be reimbursed to the current appropriation for that Department.

(c) The Secretary of State Police may advance money to enforce this section.
Md. Code, Health - General § 5-701 — MD Code / Article ghg / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

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

(b) “Child” means an individual under the age of 18 years.

(c) “Child death review case reporting system” means a national, standardized, web–based reporting system for the confidential collection, analysis, aggregation, and reporting of child death data that is maintained and operated by a national center for child death review.

(d) “Data use agreement” means a contract between the Department and a national center for child death review that establishes the terms and conditions for the State and local child fatality review teams’ participation in a child death review case reporting system.

(e) “Health care provider” means:

(1) An individual licensed or certified under the Health Occupations Article to provide health care; or

(2) A facility that provides health care to individuals.

(f) “Local team” means the multidisciplinary and multiagency child fatality review team established for a county.

(g) “Meeting” includes meetings through telephone conferencing.

(h) “National center for child death review” means a public, private, nonprofit, or governmental organization or entity that is funded or otherwise recognized by the United States Department of Health and Human Services and is responsible for:

(1) Developing a child death review case reporting system;

(2) Training and serving as a liaison to State agencies participating in the system; and

(3) Disseminating national child death review data generated by the system.

(i) “State Team” means the State Child Fatality Review Team.

(j) “Unexpected child death” means a death of a child investigated by the office of the Chief Medical Examiner as required by § 5–309 of this title.
Md. Code, Financial Institutions § 5-202 — MD Code / Article gfi / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) The Commissioner or deputy Commissioner may:

(1) Summon any officer, manager, trustee, employee, or agent of any banking institution and any other witness that the Commissioner thinks proper;

(2) Administer an oath to that person; and

(3) Question that person about the affairs of the institution.

(b) The Commissioner or deputy Commissioner may not delegate the powers granted by subsection (a) of this section.

(c) (1) A person may not:

(i) Obstruct the Commissioner or any person acting for the Commissioner in the performance of the duties of the Commissioner; or

(ii) Refuse to appear or testify without good cause when summoned under this section.

(2) Any person who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
Md. Code, Family Law § 5-1104 — MD Code / Article gfl / Title 5 / Subtitle 11 / Section 5-1104
§5–1104.
Status: in_force

(a) (1) In reviewing and ranking proposals, the selection committees established under §§ 5–1102 and 5–1103 of this subtitle shall place additional value on proposals that are designed to:

(i) reach the largest possible number of parents, children, and youth in a community;

(ii) involve local government officials and other community leaders; and

(iii) be supplemented by local or private funding.

(2) The selection committees shall attempt to achieve a broad geographic distribution of funding, to the extent that a proposal has merit, in their recommendations to the Governor.

(b) Based solely on the recommendations of the selection committees, the Governor shall award grants, not to exceed $10,000 each, to further the purposes of this subtitle.

(c) All grant awards under this subtitle shall be identified and briefly described in annual reports developed by the Department of Human Services for grants awarded under § 5–1102 of this subtitle and by the Maryland Department of Health for grants awarded under § 5–1103 of this subtitle. These reports shall be presented to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly.

(d) In conjunction with the grant programs established under this subtitle, each year the Governor shall proclaim a Drug and Alcohol Abuse Prevention Awareness Week and a Child Abuse Prevention Awareness Week to focus public attention on these problems.
Md. Code, State Finance and Procurement § 5-801 — MD Code / Article gsf / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

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

(b) “Commission” means the Patuxent River Commission.

(c) “Plan” means:

(1) the Patuxent River Policy Plan that has been approved by the General Assembly; and

(2) all amendments to that Plan that are approved under this subtitle.
Md. Code, Economic Development § 5-2401 — MD Code / Article gec / Title 5 / Subtitle 24 / Section 5-2401
§5–2401.
Status: in_force

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

(b) “Fund” means the Industry 4.0 Technology Grant Fund.

(c) (1) “Industry 4.0 technology” means smart hardware and software manufacturing technologies.

(2) “Industry 4.0 technology” includes:

(i) advanced sensor integration;

(ii) embedded software system applications;

(iii) robotics and autonomous equipment that collect data;

(iv) enterprise resource planning (ERP) and data analytics software;

(v) cloud computing and cybersecurity solutions;

(vi) artificial intelligence (AI) for continuous improvement of efficiency and productivity; and

(vii) infrastructure required to implement a qualifying technology.

(d) “Program” means the Industry 4.0 Technology Grant Program.

(e) “Program administrator” means the entity that has authority to administer the Program.

(f) “SME manufacturer” means a small or medium–sized enterprise manufacturer.
Md. Code, Transportation § 5-418 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-418
§5–418.
Status: in_force

(a) Any political subdivision that acquires, leases, controls, or sets apart any property for an airport, airport facility, or air navigation facility may:

(1) Establish and operate the airport or facility;

(2) Lease or grant to any person, on the terms and conditions it considers proper, any right or interest in the airport or facility;

(3) Fix any charges, rentals, or fees for the use of the airport or facility and for any right or interest granted to any person under this section; and

(4) Delegate any of its powers under this section to any suitable officer or agency of the political subdivision and, for this purpose, create any new agency or unit.

(b) The costs and expenses incurred in connection with any act performed under this section shall be the responsibility of the political subdivision.
Md. Code, Environment § 5-410 — MD Code / Article gen / Title 5 / Subtitle 4 / Section 5-410
§5–410.
Status: in_force

The Authority may issue rules and regulations to carry out its duties under this subtitle. The Authority is subject to the Administrative Procedure Act.
Md. Code, Criminal Law § 5-907 — MD Code / Article gcr / Title 5 / Subtitle 9 / Section 5-907
§5–907.
Status: in_force

A penalty imposed for violation of this title is in addition to, and not instead of, any other civil or administrative penalty or sanction authorized by law.
Md. Code, Family Law § 5-1303 — MD Code / Article gfl / Title 5 / Subtitle 13 / Section 5-1303
§5–1303.
Status: in_force

The effectiveness of efforts to address child abuse and neglect shall be measured by:

(1) the recurrence within 12 months of child abuse or neglect among victims of indicated abuse or neglect;

(2) the percentage of screened out reports of child abuse or neglect that are documented as reviewed by a supervisor;

(3) the incidence of child abuse or neglect for a child who, in the prior 12 months, was not removed from the home following an investigation that found indicated or unsubstantiated abuse or neglect;

(4) the percentage of child protective services investigations that are initiated and completed in accordance with § 5-706 of this title;

(5) for all indicated and substantiated cases of abuse and neglect, the percentage of children who:

(i) receive family preservation services; and

(ii) are able to remain safely in their own homes for 18 months after receiving family preservation services; and

(6) any other indicators adopted by the Secretary under § 5-1302 of this subtitle.
Md. Code, Labor and Employment § 5-104 — MD Code / Article gle / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

(a) Each employer shall provide each employee of the employer with employment and a place of employment that are:

(1) safe and healthful; and

(2) free from each recognized hazard that is causing or likely to cause death or serious physical harm to the employee.

(b) (1) Each employer shall comply with this title, each applicable regulation that the Commissioner adopts to carry out this title, and each applicable order that the Commissioner passes under this title.

(2) Each employee shall comply with this title and, when applicable to the employee’s actions and conduct in the course of employment, each regulation that the Commissioner passes under this title.

(c) (1) Each employer shall keep its employees informed of their protections and duties under this title, including each applicable occupational safety and health standard, by:

(i) posting notice where notices to employees normally are posted; or

(ii) using other appropriate means.

(2) In addition to the requirements under paragraph (1) of this subsection, each public body annually shall make available to each of its employees a copy of:

(i) the report issued by the Commissioner under § 5–206(f) of this title; and

(ii) citations issued by the Commissioner to the public body in the immediately preceding year, if any.
Md. Code, Human Services § 5-309 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

(a) Except for an applicant or recipient who is a single child, the FIP shall include:

(1) an assessment of each applicant or recipient that considers:

(i) the reasons for applying for or continuing to rely on assistance;

(ii) an evaluation of appropriate work activities based on educational level, literacy, health, mental or physical impairments, housing stability, child care needs, transportation needs, history of domestic or family violence, job skills and readiness, and interests;

(iii) personal and family resources available to facilitate independence; and

(iv) whether the applicant or recipient qualifies for an exemption or has good cause not to participate in a work activity; and

(2) welfare avoidance grants that:

(i) meet immediate needs so that an applicant or recipient can avoid temporary cash assistance;

(ii) may be granted as the Department considers appropriate;

(iii) may not cover the same type of immediate need met by a previous welfare avoidance grant unless the Department determines that the current immediate need is a new and verified emergency;

(iv) do not exceed an amount of 3 months of temporary cash assistance, unless the Department determines there is a compelling need for an amount not exceeding 12 months; and

(v) may not duplicate periods of temporary cash assistance.

(b) Except for a recipient who is a single child, the FIP for a recipient shall include:

(1) an agreement between the Department and the recipient that:

(i) requires the recipient to cooperate with the child support enforcement agency to obtain support from a noncustodial parent;

(ii) requires the recipient to comply with reasonable requests for cooperation by case management workers in seeking and using programs and community and family resources that may be available to the recipient;

(iii) specifies the work activities in which the recipient will participate;

(iv) specifies the supportive services that the local department will assist in providing and that are necessary for the recipient to meet the recipient’s obligations under the FIP; and

(v) specifies the reasonable accommodations that a local department will provide to a recipient with a disability that are necessary for the recipient to meet the recipient’s obligations under the FIP;

(2) supportive services activities, including child care, to the extent resources allow;

(3) referral, as appropriate, to family planning counseling and services that:

(i) are not offered or conducted in a manner that:

1. is coercive;

2. violates the recipient’s confidentiality; or

3. violates the recipient’s bona fide religious beliefs and practices; and

(ii) give preference to eligible teen parents; and

(4) temporary cash assistance, as a last resort.

(c) Except for an applicant who is a single child, the FIP for an applicant shall include a child care voucher:

(1) to the extent resources allow, if the applicant is required to participate in a work activity as a condition of eligibility; or

(2) if providing child care eliminates the applicant’s need for cash assistance under the FIP.

(d) For an applicant or recipient who is a single child, the FIP shall include:

(1) referral to appropriate services; and

(2) temporary cash assistance for the recipient, as a last resort.

(e) To the extent resources allow, the FIP shall serve noncustodial parents who need employment services to pay child support obligations.
Md. Code, Environment § 5-203.2 — MD Code / Article gen / Title 5 / Subtitle 2 / Section 5-203.2
§5–203.
Status: in_force

§5–203.2.

(a) In this section, “dam safety permit” means a permit issued under § 5–503 of this title for the construction, reconstruction, repair, removal, or modification of a dam.

(b) This section does not apply to a reservoir, dam, waterway obstruction, or small pond that is exempt from permit requirements under § 5–503(b) of this title.

(c) The application for a dam safety permit shall include the estimated project construction cost.

(d) Prior to the issuance of a dam safety permit, the Department shall collect a dam safety permit fee.

(e) The dam safety permit fee:

(1) Shall be based on the estimated project construction cost; and

(2) May not exceed 3% of the estimated project construction cost.

(f) Fees collected under this section shall be paid into the Private Dam Repair Fund established under § 5–509.2 of this title.
Md. Code, Election Law § 5-902 — MD Code / Article gel / Title 5 / Subtitle 9 / Section 5-902
§5–902.
Status: in_force

(a) If either of the candidates of a Governor and Lieutenant Governor unit dies, withdraws the candidacy, or becomes disqualified for any reason prior to the deadline for filing a certificate of candidacy for a primary election under § 5-303 of this title, the remaining candidate may:

(1) designate a successor candidate who shall file a certificate of candidacy before the later of:

(i) the deadline specified under § 5-303 of this title; or

(ii) the fifth day following the death, withdrawal, or disqualification of the former candidate;

(2) withdraw under Subtitle 5 of this title; or

(3) after withdrawing under paragraph (2) of this subsection, form a successor unit for the candidacy for the offices of Governor and Lieutenant Governor by filing a certificate of candidacy by the date specified under subsection (b) of this section.

(b) The candidates of the successor unit for Governor and Lieutenant Governor formed under subsection (a)(3) of this section each shall file a certificate of candidacy as a successor unit before the later of:

(1) the deadline for filing a certificate of candidacy for the primary election under § 5-303 of this title; or

(2) the fifth day following the death, withdrawal, or disqualification of the former candidate.
Md. Code, Insurance § 5-911 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-911
§5–911.
Status: in_force

(a) A certified reinsurer shall secure obligations assumed from United States ceding insurers under this subtitle at a level consistent with its rating, as specified in regulations the Commissioner adopts.

(b) Except as otherwise provided in this section, in order for a domestic ceding insurer to qualify for full financial statement credit for reinsurance ceded to a certified reinsurer, the certified reinsurer shall maintain security in a form the Commissioner considers acceptable and consistent with § 5–914 of this subtitle, or in a multibeneficiary trust in accordance with § 5–907 of this subtitle.

(c) (1) If a certified reinsurer maintains a trust to fully secure its obligations consistent with § 5–907 of this subtitle and chooses to secure its obligations incurred as a certified reinsurer in the form of a multibeneficiary trust, the certified reinsurer shall maintain separate trust accounts for its obligations incurred under reinsurance contracts issued or renewed as a certified reinsurer with reduced security as allowed by this section or comparable laws of other United States jurisdictions and for its obligations subject to § 5–907 of this subtitle.

(2) As a condition of certification under § 5–908 of this subtitle, the certified reinsurer shall bind itself, by the language of the trust and agreement with the commissioner with principal regulatory oversight of each trust account, to fund, on termination of the trust account, out of the remaining surplus of the trust, any deficiency of any other trust account.

(d) The minimum trusteed surplus requirements provided in § 5–907 of this subtitle do not apply with respect to a multibeneficiary trust maintained by a certified reinsurer for the purpose of securing obligations incurred under this section, except that the trust shall maintain a minimum trusteed surplus of $10,000,000.

(e) With respect to obligations incurred by a certified reinsurer under this section, if the security is insufficient, the Commissioner:

(1) shall reduce the allowable credit by an amount proportionate to the deficiency; and

(2) may impose further reductions in allowable credit on finding that there is a material risk that the certified reinsurer’s obligations will not be paid in full when due.

(f) (1) For purposes of this section, a certified reinsurer whose certification the Commissioner has revoked, suspended, or placed on inactive status, or has been voluntarily surrendered, for any reason shall be treated as a certified reinsurer required to secure all of its obligations.

(2) If the Commissioner continues to assign a higher rating as allowed by other provisions of this section, the requirement of paragraph (1) of this subsection does not apply to a certified reinsurer in inactive status or to a reinsurer whose certification has been suspended.
Md. Code, Labor and Employment § 5-1103 — MD Code / Article gle / Title 5 / Subtitle 11 / Section 5-1103
§5–1103.
Status: in_force

(a) The workplace safety committee shall establish a workplace safety program that is appropriate for the size and complexity of the health care facility.

(b) The workplace safety program established under subsection (a) of this section shall include:

(1) a written policy describing how the health care facility provides for the safety of health care workers;

(2) an annual assessment to:

(i) identify hazards, conditions, operations, and situations that could lead to workplace injuries; and

(ii) be used to develop recommendations to reduce the risk of workplace injuries;

(3) a process for reporting, responding to, and tracking incidences of workplace injuries; and

(4) regular workplace safety training for health care workers.
Md. Code, Transportation § 5-707 — MD Code / Article gtr / Title 5 / Subtitle 7 / Section 5-707
§5–707.
Status: in_force

If there is any conflict between any regulation adopted under this subtitle with any other regulation applicable to the same area, the more stringent limitation or requirement governs.
Md. Code, Natural Resources § 5-1215 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1215
§5–1215.
Status: in_force

If privately owned land is surrounded completely by areas designated by Part II of this subtitle as State wildland, the private owner and his successor in interest has the rights necessary to assure adequate access to the privately owned land, or the privately owned land may be exchanged for State-owned land in the same county of approximately equal value under authority available to the Secretary. However, the State may not transfer to a private owner any mineral interests unless the private owner relinquishes or causes to be relinquished to the State the mineral interest in the surrounded land. If valid mining claims or other valid occupancies are wholly within a designated wildlands area, the Secretary, by regulations consistent with the preservation of the area as State wildlands, may permit ingress and egress to the surrounded areas by means which have been or are being customarily enjoyed with respect to other areas similarly situated.
Md. Code, Land Use § 5-301 — MD Code / Article glu / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: reserved

(a) (1) Except as otherwise provided in §§ 9–603, 9–806, 9–1004, 9–1605, and 9–1606 of this article, an owner or agent of an owner of land located within a subdivision may not transfer, sell, or agree to sell land by reference to, exhibition of, or other use of a plat of a subdivision before the plat has been:

(i) approved by the planning commission; and

(ii) recorded or filed in the office of the appropriate county clerk.

(2) A person who violates this subsection is subject to a civil penalty of not less than $200 and not exceeding $1,000 for each violation.

(3) Each lot or parcel transferred or sold or agreed to be sold in violation of this subsection is a separate violation.

(b) The description of a lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring does not exempt the transaction from the penalties or remedies provided in this section.

(c) A local jurisdiction may seek to:

(1) enjoin the transfer, sale, or agreement in any circuit court; or

(2) recover the penalty by civil action in a court of competent jurisdiction.
Md. Code, Health - General § 5-514 — MD Code / Article ghg / Title 5 / Subtitle 5 / Section 5-514
§5–514.
Status: in_force

(a) An individual may not bury or dispose of a body except:

(1) In a family burial plot or other area allowed by a local ordinance;

(2) In a crematory;

(3) In a cemetery;

(4) In a reduction facility;

(5) By donating the body to medical science; or

(6) By removing the body to another state for final disposition in accordance with the laws of the other state.

(b) A person may not use or dispose of soil remains produced by natural organic reduction:

(1) On public or private property without the prior written permission of:

(i) The owner of the public property;

(ii) The surviving owners of public record of the private property; or

(iii) If the decedent was sole owner of the property at death, the authorizing agent;

(2) By using the soil remains to grow food for consumption by humans or livestock;

(3) By selling or reselling the soil remains to a third party; or

(4) By combining or incorporating the soil remains into compost offered for sale to consumers or for commercial or agricultural purchasers.

(c) Unless a funeral establishment or cemetery has otherwise agreed in writing, a reduction facility that produces soil remains is responsible for providing for the final disposition and disposal of the soil remains in accordance with written direction given by an authorizing agent.

(d) Except for acts of gross negligence or reckless disregard of the prohibitions under subsection (b) of this section, a practitioner or reduction facility operator is not liable for:

(1) Transferring possession of soil remains at a reduction facility; or

(2) Delivering soil remains to another location according to the written direction provided by an authorizing agent.

(e) An individual who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.
Md. Code, Business Regulation § 5-101 — MD Code / Article gbr / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Alkaline hydrolysis” means the process of reducing human remains using water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition.

(c) “Authorizing agent” has the meaning stated in § 5–508 of the Health – General Article.

(d) (1) “Burial goods” means goods that are used in connection with burial.

(2) “Burial goods” includes:

(i) a casket;

(ii) a grave liner;

(iii) a memorial;

(iv) a monument;

(v) a scroll;

(vi) an urn;

(vii) a vase; and

(viii) a vault.

(e) “Burial goods business” means a business that provides burial goods.

(f) (1) “Cemetery” means land used or to be used for interment.

(2) “Cemetery” includes a structure used or to be used for interment.

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

(h) “Crematory” means a building, portion of a building, or structure that houses the necessary appliances and facilities for cremation or alkaline hydrolysis.

(i) “Director” means the Director of the Office of Cemetery Oversight.

(j) “Engage in the operation of a cemetery” means owning, controlling, or managing a cemetery, including performing activities necessary for:

(1) the establishment, improvement, care, preservation, or embellishment of a cemetery;

(2) interment; and

(3) the providing of burial space or burial goods.

(k) (1) “Engage in the operation of a crematory” means controlling or managing a crematory.

(2) “Engage in the operation of a crematory” does not include:

(i) the practice of funeral direction or the practice of mortuary science; or

(ii) 1. assistance in making decisions and filling out forms that are not directly related to cremation;

2. obtaining vital statistics, signatures, and other information necessary to complete a death certificate;

3. transportation of a body to the place of disposition; or

4. any other services regarding the disposition of a body that are not directly related to cremation.

(l) (1) “Engage in the operation of a reduction facility” means controlling or managing a reduction facility.

(2) “Engage in the operation of a reduction facility” does not include:

(i) the practice of funeral direction or the practice of mortuary science; or

(ii) 1. assistance in making decisions and filling out forms that are not directly related to natural organic reduction;

2. obtaining vital statistics, signatures, and other information necessary to complete a death certificate;

3. transportation of a body to the place of disposition; or

4. any other services regarding the disposition of a body that are not directly related to natural organic reduction.

(m) “Funeral establishment” means a building, structure, or premises from which the business of funeral directing or embalming is conducted.

(n) (1) “Human remains” means:

(i) the body of a deceased person; or

(ii) a part of a body or limb that has been removed from a living person.

(2) “Human remains” includes the body or part of a body or limb in any state of decomposition.

(3) “Human remains” does not include soil remains produced after the completion of natural organic reduction.

(o) “Hydrolyzed remains” means the bone fragments produced by the completion of alkaline hydrolysis.

(p) “Interment” means all final disposition of human remains or pet remains, including:

(1) earth burial;

(2) mausoleum entombment; and

(3) niche or columbarium interment.

(q) “Natural organic reduction” means the contained accelerated conversion of human remains into soil.

(r) “Office” means the Office of Cemetery Oversight.

(s) “Permit” means a permit issued by the Director to allow a partnership, limited liability company, or corporation to operate a business through which a registrant may:

(1) engage in the operation of a cemetery or crematory; or

(2) provide burial goods.

(t) (1) “Pet remains” means the body of a deceased animal that was kept as a pet.

(2) “Pet remains” includes the body of a pet or a part of a pet’s body in any state of decomposition or the body of a pet after having been cremated.

(u) (1) “Preneed goods” means burial goods that are sold before the buyer’s death.

(2) “Preneed goods” does not include burial space.

(v) “Provide burial goods” means a retail transaction:

(1) to erect, service, or inscribe burial memorials; or

(2) to sell burial goods.

(w) “Reduction facility” means a building, portion of a building, or structure that houses the necessary appliances, containers, and facilities for performing natural organic reduction.

(x) “Registered cemeterian” means an individual registered to operate a cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder.

(y) “Registered crematory operator” means an individual registered to operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder.

(z) “Registered reduction operator” means an individual registered to operate a reduction facility as a sole proprietor or on behalf of a sole proprietor or a permit holder.

(aa) “Registered seller” means an individual registered to provide burial goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder.

(bb) “Registration” means a registration issued by the Director authorizing an individual to operate a cemetery, to operate a crematory, to operate a reduction facility, or to provide burial goods.

(cc) “Responsible party” means a sole proprietor or the individual designated by a partnership, limited liability company, or corporation to be responsible for the operations of a cemetery, crematory, reduction facility, or burial goods business.

(dd) “Soil remains” means the soil produced at final disposition of a dead human body at a reduction facility by completion of natural organic reduction.
Md. Code, Insurance § 5-501 — MD Code / Article gin / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

Except for § 5-502 of this subtitle, this subtitle applies only to domestic life insurers.
Md. Code, State Finance and Procurement § 5A-323 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-323
§5A–323.
Status: in_force

(a) The Trust shall compile a Maryland Inventory of Historic Properties that consists of districts, sites, buildings, structures, and other objects of known or potential value to the prehistory, history, upland and underwater archaeology, architecture, engineering, and culture of the State.

(b) (1) The Trust shall compile a Historic Register to include all properties in the State that are listed in or eligible for listing in the National Register of Historic Places of the United States Department of the Interior.

(2) The Trust shall adopt regulations specifying procedures and eligibility standards for including properties in the Historic Register.

(3) The Director shall determine whether a property is eligible to be listed in the National Register of Historic Places.

(4) (i) The Director’s determination may be appealed to the Governor’s Consulting Committee on the National Register of Historic Places, which reviews nominations to the National Register under the National Historic Preservation Act.

(ii) The determination of the Governor’s Consulting Committee is final.

(c) The location and character of a historic property included in the Maryland Inventory of Historic Properties or the Historic Register shall be confidential if the Director determines that disclosure would create a substantial risk of theft of the property or damage to the property or to the area where the property is located.
Md. Code, Transportation § 5-702 — MD Code / Article gtr / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

(a) The Administration shall adopt rules and regulations to govern the erection and maintenance of obstructions to air navigation.

(b) These rules and regulations shall incorporate the Federal Aviation Administration obstruction standards except to the extent that, after public hearing, the Executive Director finds any part of the federal standards to be detrimental to the general public safety, the safety of persons operating, using, or traveling in aircraft, or the safety of persons and property on land or water.
Md. Code, Health Occupations § 5-309 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

(a) (1) The Board shall place a licensee on inactive status if the licensee:

(i) Submits to the Board an application for inactive status on the form required by the Board; and

(ii) Pays to the Board the inactive status fee set by the Board.

(2) The Board shall reactivate the license of an individual placed on inactive status if the individual:

(i) Satisfies the continuing education requirements established by the Board; and

(ii) Pays to the Board a reactivation fee set by the Board.

(b) The Board, in accordance with its regulations, shall reinstate the license of an individual who failed to renew a license for any reason if the individual:

(1) Otherwise is entitled to be licensed;

(2) Satisfies the continuing education requirements established by the Board;

(3) Pays to the Board a reinstatement fee set by the Board; and

(4) Applies to the Board for reinstatement of a license within 5 years after the expiration of the license.

(c) (1) The Board may not reinstate the license of an individual who fails to apply for reinstatement of the license within 5 years after the expiration of the license.

(2) An individual who fails to apply for reinstatement of a license within 5 years after the expiration of the license may become licensed by meeting the requirements for obtaining an initial license under this title.
Md. Code, General Provisions § 5-302 — MD Code / Article ggp / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

The Ethics Commission shall issue an advisory opinion required under § 5–301(a) of this subtitle not more than 60 days after receiving a request, or more promptly if circumstances require.
Md. Code, Economic Development § 5-1302 — MD Code / Article gec / Title 5 / Subtitle 13 / Section 5-1302
§5–1302.
Status: in_force

(a) The following political subdivisions may apply to the Secretary to designate a BRAC Revitalization and Incentive Zone:

(1) a political subdivision for an area within that political subdivision;

(2) with the prior consent of the municipal corporation, a county on behalf of a municipal corporation for an area in the municipal corporation; or

(3) two or more political subdivisions jointly for an area astride their common boundaries.

(b) The application shall:

(1) be in the form and manner and contain the information that the Secretary requires;

(2) contain sufficient information to allow the Secretary to determine if the proposed BRAC Revitalization and Incentive Zone meets the criteria in § 5–1303 of this subtitle;

(3) be submitted for a political subdivision by its chief elected officer, or if none, its governing body; and

(4) state whether the political subdivision has examined the feasibility of creating educational or training opportunities for employers and employees of business entities located or to be located in the proposed BRAC Revitalization and Incentive Zone.

(c) After the Secretary’s receipt of an application for designation of an area as a BRAC Revitalization and Incentive Zone or expansion of an existing zone under § 5–1305 of this subtitle, the Secretary shall notify the members of the county delegation to the General Assembly for each county in which a zone is proposed to be located.
Md. Code, Agriculture § 5-207.1 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-207.1
§5–207.
Status: in_force

§5–207.1.

(a) The Secretary shall require that each pest control consultant, pest control applicator, or public agency applicator receive additional training prepared and administered by the Department when significant technological developments have occurred requiring additional knowledge in the area of classification for which the consultant or applicator has applied.

(b) When certification has been suspended or revoked, the Secretary shall require that each pest control consultant, pest control applicator, or public agency applicator take a special examination prepared and administered by the Department before certification may be reinstated or renewed.
Md. Code, Corporations and Associations § 5-5A-28 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-28
§5–5A–28.
Status: in_force

Cooperative stock, membership interest, or other evidence of membership capital is not a security under the Maryland Securities Act or any law related to that Act.
Md. Code, General Provisions § 5-842 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-842
§5–842.
Status: in_force

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

(b) (1) (i) “Applicant” means an individual or a business entity that is:

1. a title owner or contract purchaser of land that is the subject of an application;

2. a trustee who has an interest in land that is the subject of an application, excluding a trustee described in a mortgage or deed of trust; or

3. a holder of at least a 5% interest in a business entity who has an interest in land that is the subject of an application.

(ii) “Applicant” includes, if the applicant is a corporation, the directors and officers of the corporation that actually holds title to the land, or is a contract purchaser of the land, that is the subject of an application.

(2) “Applicant” does not include:

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

(ii) a municipal corporation or public corporation;

(iii) a public authority;

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

(v) a person who is hired or retained as an accountant, an attorney, an architect, an engineer, a land use consultant, an economic consultant, a real estate agent, a real estate broker, a traffic consultant, or a traffic engineer.

(c) “Application” means an application for a local map amendment, including a reclassification.

(d) “Business entity” means:

(1) a corporation;

(2) a general partnership;

(3) a joint venture;

(4) a limited liability company;

(5) a limited partnership; or

(6) a sole proprietorship.

(e) “Candidate” means an individual who wins an election to the Office of County Executive or County Council of Montgomery County.

(f) (1) (i) “Contribution” means:

1. a payment or transfer of money or property of $500 or more, calculated cumulatively during a 4–year election cycle, to the treasurer of either a candidate or a political committee; or

2. the incurring of any liability or promise of anything of value of $500 or more, calculated cumulatively during a 4–year election cycle, to the treasurer of either a candidate or a political committee.

(ii) “Contribution” includes a payment or transfer to a slate with which a candidate is associated.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the $500 cumulative threshold contribution is calculated separately as to each candidate or elected official.

(ii) For purposes of this part, a cumulative contribution of $500 or more to a slate is fully attributed to each candidate on the slate.

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

(h) “Elected official” means an individual who holds the Office of County Executive or member of the County Council of Montgomery County.

(i) (1) “Party of record” means an individual or a business entity that is granted standing to participate in a local map amendment proceeding by the County Council, sitting as the District Council, or its hearing examiner.

(2) “Party of record” does not include an attorney, a consultant, an employee, or any other agent of a party of record, including an authorized representative of a community association who is participating in a proceeding solely on behalf of the association.

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

(1) a political party;

(2) a central committee;

(3) a slate; or

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

(k) “Political committee” means any combination of two or more persons appointed by a candidate or any other person or formed in any other manner that assists or attempts to assist in any manner the promotion of the success or defeat of any candidate, candidates, political party, principle, or proposition submitted to a vote in any election.

(l) (1) “Slate” means a political committee of two or more candidates who join together to conduct and pay for joint activities.

(2) “Slate” does not include a political party or a central committee.

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

(2) “Treasurer” includes a subtreasurer.
Md. Code, Family Law § 5-347 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-347
§5–347.
Status: in_force

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

(b) Before a hearing under this section, a juvenile court shall give notice to all of the parties.
Md. Code, Economic Development § 5-448 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-448
§5–448.
Status: in_force

(a) A project qualifies as a solar energy project if it:

(1) is an addition, alteration, or improvement to a commercial building or industrial building; and

(2) is designed to reduce the energy requirements of the building by using:

(i) wind energy;

(ii) energy from a wood-burning appliance; or

(iii) solar energy of:

1. the active type based on mechanically forced energy transfer;

2. the passive type based on convective, conductive, or radiant energy transfer; or

3. a combination of these types.

(b) A solar energy project may include:

(1) a solar process heat device;

(2) a solar electric device; and

(3) an earth-sheltered building in which the sheltering substantially reduces the consumption of energy by the building.
Md. Code, Courts and Judicial Proceedings § 5-718 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-718
§5–718.
Status: in_force

(a) In this section, “Board” means the State Board of Social Work Examiners 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, Transportation § 5-501 — MD Code / Article gtr / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

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

(b) “Board” means the Board of Airport Zoning Appeals.

(c) “Substantially alter” includes reconstruct, rebuild, replace, or substantially change or repair.
Md. Code, Natural Resources § 5-1105.1 — MD Code / Article gnr / Title 5 / Subtitle 11 / Section 5-1105.1
§5–1105.
Status: in_force

§5–1105.1.

The provisions of §§ 5-1103 and 5-1104 of this subtitle are:

(1) Applicable to a unit of local government as an owner of land; and

(2) In addition to any other common law or statutory defenses or immunities available to a unit of local government or other owner.
Md. Code, Health - General § 5-304 — MD Code / Article ghg / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) The Committee shall determine the times and places of its meetings.

(b) A member of the Committee may not receive compensation for performing Committee duties.
Md. Code, Estates and Trusts § 5-403 — MD Code / Article get / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: reserved

(a) (1) Notice that judicial probate has been requested shall be given promptly by the register to all interested persons as shown in the documents in the register’s file.

(2) The petitioner shall advise the register of the names and addresses of all interested persons of whom the petitioner learns before the granting of judicial probate, and the register shall give notice to the persons in the manner prescribed by § 1–103(a)(1) of this article.

(3) In addition, the register shall publish a notice in a newspaper of general circulation in the county where judicial probate is requested, once a week for 2 successive weeks.

(b) The notice required by this section shall be in the following form:

IN THE ORPHANS COURT FOR ……………………………………………………

In re:

ESTATE OF

…………………………………………………

Deceased

TO ALL PERSONS INTERESTED IN THE ESTATE OF ………………………………

…………………………………………………………………………………………………… :

YOU ARE HEREBY NOTIFIED THAT A Petition has been filed in the court by

……………… for judicial probate, including the appointment of a personal

representative for the estate; and that the Petition will be heard at ……… on the ……

day of ………, 20…, or at a subsequent time or other place to which the hearing may be adjourned or transferred.

………………………………………………

Register of Wills
Md. Code, General Provisions § 5-811.1 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-811.1
§5–811.
Status: in_force

§5–811.1.

(a) This section applies only in Calvert County.

(b) The county’s conflict of interest provisions required under § 5–807(a)(1) of this subtitle shall include a law or regulation that is equivalent to or exceeds the requirements of § 5–902 of this title.

(c) The county’s ethics provisions shall include a law or regulation that requires the Calvert County Ethics Commission to make public any recommendation it makes to expel a Commissioner.
Md. Code, Transportation § 5-203 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) The exercise of the powers and duties of the Administration is subject to the authority of the Secretary and, where applicable, to the authority of the Maryland Transportation Authority.

(b) By regulation or directive, the Secretary or, where applicable, the Maryland Transportation Authority may require that the exercise of any power or duty of the Administration be subject to the prior approval of the Secretary or the Maryland Transportation Authority, as the case may be.
Md. Code, Corporations and Associations § 5-524 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-524
§5–524.
Status: in_force

(a) The board of directors of a cooperative by resolution may authorize the cooperative to enter into agreements for conducting its business with any other Maryland or foreign cooperative, association, or corporation formed on a cooperative basis.

(b) These cooperatives, associations, and corporations may agree to unite in using or may separately use the same methods, means, and agencies for conducting their respective business.

(c) These cooperatives, associations, and corporations may use common marketing agencies and their members may make any necessary agreements to effect these purposes.
Md. Code, Business Occupations and Professions § 5-608.1 — MD Code / Article gbo / Title 5 / Subtitle 6 / Section 5-608.1
§5–608.
Status: in_force

§5–608.1.

(a) A person may not use or possess methyl methacrylate liquid monomer (MMA) in a beauty salon in this State.

(b) To determine whether a person is in violation of subsection (a) of this section, an inspector may chemically test products or take samples of products at random or when the inspector suspects that a product is illegal.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $1,000 for all violations cited on a single day.
Md. Code, Local Government § 5-102 — MD Code / Article glg / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) This section does not affect any agreement existing before October 1, 1997, between a county and a municipality concerning the imposition of development impact fees.

(b) If a county imposes a development impact fee on new residential construction to finance the costs of school construction, a municipality shall assist the county by:

(1) collecting and remitting the fee for new residential construction in the municipality to the county; or

(2) requiring the fee to be paid to the county in accordance with the county development impact fee law or ordinance.

(c) The application of any impact fee paid under subsection (b) of this section shall have a rational nexus to the project for which the fee is assessed.
Md. Code, Education § 5-406 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

(a) The Board shall review the use of funds provided under Subtitle 2 of this title by the State and local government agencies responsible for implementing the Blueprint for Maryland’s Future.

(b) (1) On or before January 1 each year in 2022 through 2032, the Department shall submit to the Board information on the use of school–level expenditures in the current fiscal year to aid the Board in fulfilling its responsibilities under this subtitle.

(2) (i) Subject to subparagraph (ii) of this paragraph, each local school system shall report to the Department, in a manner determined by the Department, on school–level spending to aid the Department in fulfilling its obligations under this subtitle.

(ii) Each local school system that includes public charter schools shall account in the report required under this subsection for the distribution of school–level funding to public charter schools to demonstrate compliance with § 5–234 of this title.

(c) The Board shall monitor the expenditures of local school systems to ensure that minimum school–level funding requirements under § 5–234 of this title are met.

(d) The Board shall monitor the expenditures of funding provided to local school systems under § 5–223 of this title to ensure that public schools are providing the necessary services.

(e) (1) The Board shall monitor how additional special education funding provided under § 5–225 of this title is being used, including:

(i) The aggregate number of children in special education services by school; and

(ii) The special education services that have been provided through funding under § 5–225 of this title.

(2) If a local school system is not spending funding allocated under § 5–225 of this title in addition to special education spending levels provided by State and local funds on June 30, 2020, the local school system shall provide a written response to the Board explaining why additional spending on special education is not necessary.

(f) The Board shall develop an appeals process through which local school systems may request greater flexibility in meeting this requirement for reasons including a significant shift in total enrollment or at–promise enrollment between schools from the prior school year to the current school year.
Md. Code, Tax - General § 5-104 — MD Code / Article gtg / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

(a) (1) The alcoholic beverage tax does not apply to an alcoholic beverage that is:

(i) brought into the State by a person in accordance with:

1. an import–export permit under § 2–123(b) of the Alcoholic Beverages and Cannabis Article;

2. a nonbeverage permit under § 2–164 of the Alcoholic Beverages and Cannabis Article; or

3. a nonresident storage permit under § 2–115 of the Alcoholic Beverages and Cannabis Article;

(ii) sold or delivered by a person who holds a Class E, F, or G alcoholic beverage license, while the licensee is operating an aircraft, vessel, or train outside boundaries of the State, including airspace and waterways;

(iii) beer or wine that is family–produced and is brought into, possessed, or transported in the State by an individual who is a member of that family if:

1. the individual is at least 21 years of age; and

2. the beer or wine is for personal use or for entry in a licensed national family beer and wine exhibition; or

(iv) brought into the State by a person for storage pending shipment outside of the State, if the alcoholic beverage:

1. is not held for sale, consignment, or delivery in the State;

2. is under a customs bond; and

3. is stored in a public bonded warehouse.

(2) The exemption under paragraph (1)(ii) of this subsection does not apply to an alcoholic beverage sold or delivered by a person who holds a Class E, F, or G alcoholic beverage license while the licensee is operating an aircraft, vessel, or train within the boundaries of the State, including airspace and waterways.

(b) (1) The alcoholic beverage tax does not apply to:

(i) an alcoholic beverage bought by a person whom a proper authority of the United States allows to buy alcoholic beverages for sale and use on a federal reservation in the State where the person is assigned;

(ii) wine bought and used for sacramental purposes by a religious organization affiliated with and recognized by a generally acknowledged religious faith; or

(iii) wine or distilled spirits bought and used for medicinal purposes by a bona fide hospital.

(2) A person under paragraph (1) of this subsection who pays the alcoholic beverage tax may obtain the exemption by filing a claim for refund with the Comptroller.

(c) (1) The alcoholic beverage tax does not apply to an alcoholic beverage that a consumer at least 21 years of age brings into the State for personal use:

(i) if the quantity brought from within the continental United States does not exceed:

1. at any one time, one quart;

2. in 1 calendar month, two quarts; and

3. a total of 1 gallon in the consumer’s possession at any one time;

(ii) if the quantity brought from American Samoa, Guam, or the Virgin Islands of the United States does not exceed 1 gallon; or

(iii) if the total quantity brought from any other place outside the continental United States does not exceed 1 gallon, the 1st quart of that gallon.

(2) A consumer under paragraph (1)(iii) of this subsection may obtain the exemption for the 1st quart by:

(i) filing an application with the Comptroller on the form the Comptroller requires; and

(ii) paying the alcoholic beverage tax on the quantity of alcoholic beverages that exceeds 1 quart.
Md. Code, Natural Resources § 5-2001 — MD Code / Article gnr / Title 5 / Subtitle 20 / Section 5-2001
§5–2001.
Status: in_force

(a) In this section, “Fund” means the Maryland Forestry Education Fund.

(b) There is a Maryland Forestry Education Fund.

(c) The purpose of the Fund is to expand and enhance:

(1) The Maryland Forestry Foundation’s capacity to provide education and resources that support Maryland’s forest landowners;

(2) The ability of district forestry boards and the knowledge of local governments in Maryland to achieve:

(i) Environmental, economic, and social sustainability of forest health; and

(ii) The sustainable management of forest resources; and

(3) The ability of businesses to test innovative best management practices in forestry.

(d) The Maryland Forestry Foundation shall administer the Fund.

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

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

(f) The Fund consists of:

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

(2) Interest earnings; and

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

(g) The Fund may be used only for:

(1) Providing training and education to forest landowners, district forestry boards, and local governments to ensure the landowners, boards, and governments are well informed on advances and developments in:

(i) Healthy forest management;

(ii) Ecological service markets;

(iii) Emerging forestry threats;

(iv) Climate science;

(v) Forest conservation;

(vi) Urban forestry;

(vii) Sustainability science;

(viii) Forestry policy;

(ix) Forestry practices; and

(x) Resource options that promote the multiple benefits of forest management;

(2) Providing outreach and engagement that builds local capacity and institutionalizes sustainability efforts within communities and the district forestry boards, including:

(i) Holding a forest sustainability conference once every 2 years;

(ii) Implementing a peer–to–peer learning exchange; and

(iii) Providing healthy forest presentations;

(3) Developing and expanding a healthy forest education and conservation program;

(4) Improving the outreach of district forestry boards by providing education, recognition, strategies, and actions the boards can implement;

(5) Providing small grants to district forestry boards, forest landowners, local governments, and businesses to test innovative best management practices in forestry;

(6) Recognizing the efforts forest landowners and local governments make toward achieving healthy, sustainable forest management; and

(7) Expenses related to the administration of the Fund.

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

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

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

(j) Money expended from the Fund for the outreach, training, education, and grants under subsection (g) of this section is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for forestry education and outreach.

(k) For fiscal year 2025, the Governor shall include in the annual budget bill an appropriation of $250,000 to the Fund.
Md. Code, Natural Resources § 5-1901 — MD Code / Article gnr / Title 5 / Subtitle 19 / Section 5-1901
§5–1901.
Status: in_force

(a) In this section, “Fund” means the Calvert County Youth Recreational Opportunities Fund.

(b) There is a Calvert County Youth Recreational Opportunities Fund.

(c) The purpose of the Fund is to increase youth recreational opportunities in Calvert County.

(d) The Secretary shall administer the Fund.

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

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

(f) The Fund consists of:

(1) Revenue distributed to the Fund under § 2–202(b)(3) of the Tax – General Article;

(2) Money appropriated in the State budget to the Fund; and

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

(g) The Fund may be used only for projects that are approved by the Secretary to advance youth recreational opportunities in Calvert County and that receive contributions from the county for the projects.

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

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

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

(j) Subject to subsection (k) of this section, money expended from the Fund for youth recreational opportunities in Calvert County is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for youth recreational opportunities in Calvert County.

(k) (1) Money from the Fund first shall be used for the sole purpose of completing the development of Ward Farm Recreation and Nature Park until the development of the park is complete.

(2) After completion of the development of Ward Farm Recreation and Nature Park, the Calvert County Board of County Commissioners shall adopt a plan to expand youth recreational opportunities at additional locations.
Md. Code, Transportation § 5-901 — MD Code / Article gtr / Title 5 / Subtitle 9 / Section 5-901
§5–901.
Status: in_force

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

(b) “Air school” means, except as provided in subsection (c) of this section, any person who, whether or not for compensation, gives or offers to give instruction in flying or in ground subjects relating to aeronautics.

(c) “Air school” does not include:

(1) Any public school or other noncollegiate educational institution approved by the State Board of Education; or

(2) Any college, university, or other institution of postsecondary education approved by the Maryland Higher Education Commission.
Md. Code, Agriculture § 5-210.3 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-210.3
§5–210.
Status: in_force

§5–210.3.

An employer may not require a pest control applicator, as a condition of employment, to transport pesticides in a commercial transportation vehicle that does not contain a compartment for the pesticides that is separated from the passenger area or in a manner that does not provide adequate protection for the safety and health of the passengers from the pesticides.
Md. Code, Courts and Judicial Proceedings § 5-644 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-644
§5–644.
Status: in_force

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

(2) “Institution of higher education” has the meaning stated in § 10–101 of the Education Article.

(3) “Law enforcement officer” has the meaning stated in § 3–101 of the Public Safety Article.

(b) This section applies only to a claim or suit arising in Baltimore City.

(c) For a claim or suit asserting misconduct in the performance of duties by a law enforcement officer of a law enforcement agency of an institution of higher education, a settlement agreement or any general release of liability between the parties may not contain, and a court may not enforce, a nondisparagement clause.
Md. Code, Family Law § 5-4C-05 — MD Code / Article gfl / Title 5 / Subtitle 4C / Section 5-4C-05
§5–4C–05.
Status: in_force

Only the following individuals may register with the Registry:

(1) an adoptee:

(i) who is at least 21 years of age; and

(ii) who does not have a natural sibling under the age of 21 years who has the same adoptive parents;

(2) a natural mother;

(3) a natural father; and

(4) a natural sibling.
Md. Code, Criminal Law § 5-608 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

(a) Except as otherwise provided in this section, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle with respect to a Schedule I or Schedule II narcotic drug is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $15,000 or both.

(b) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 20 years or a fine not exceeding $15,000 or both if the person previously has been convicted once:

(1) under subsection (a) of this section or § 5–609 of this subtitle;

(2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle; or

(3) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State.

(c) (1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both if the person previously:

(i) has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction:

1. under subsection (a) of this section or § 5–609 or § 5–614 of this subtitle;

2. of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle; or

3. of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State; and

(ii) has been convicted twice, if the convictions arise from separate occasions:

1. under subsection (a) of this section or § 5–609 of this subtitle;

2. of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle;

3. of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State; or

4. of any combination of these crimes.

(2) A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime.

(d) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 40 years or a fine not exceeding $25,000 or both if the person previously has served three or more separate terms of confinement as a result of three or more separate convictions:

(1) under subsection (a) of this section or § 5–609 of this subtitle;

(2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle;

(3) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State; or

(4) of any combination of these crimes.

(e) A person convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence.
Md. Code, Environment § 5-1204 — MD Code / Article gen / Title 5 / Subtitle 12 / Section 5-1204
§5–1204.
Status: in_force

(a) The chairman of the Commission shall be selected from the members of the county and city by a majority vote of the entire Commission.

(b) (1) The members shall meet at the chairman’s request at least annually or any time at the request of a quorum of members of the county or city.

(2) A quorum consists of 5 members.

(3) A majority vote of the full Commission is necessary to approve any action.
Md. Code, State Finance and Procurement § 5-305 — MD Code / Article gsf / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

(a) With respect to any administrative, judicial, or other proceeding in the State concerning land use, development, or construction, the Department has the right to:

(1) intervene as a party; or

(2) file a formal statement expressing the views of the Department and any other unit of the State government concerning environmental or economic impact.

(b) The Department may intervene only in accordance with the rules of procedure and law that apply to the proceeding.

(c) After intervening, the Department has the standing and all the rights of a party in interest or an aggrieved party, including all rights of judicial review and appeal.

(d) The Department and the governing body of each local subdivision shall establish procedures for notifying the Department of each application for zoning, a permit, or authority to use, develop, or construct on land, whenever the application:

(1) has more than local impact; and

(2) is of substantial State or regional interest.
Md. Code, Labor and Employment § 5-318 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-318
§5–318.
Status: in_force

An employer who is affected by a regulation adopted to carry out this title may apply to the Commissioner for a temporary or permanent variance from the regulation or a part of the regulation.
Md. Code, Health - General § 5-906 — MD Code / Article ghg / Title 5 / Subtitle 9 / Section 5-906
§5–906.
Status: in_force

(a) Subject to subsection (b) of this section, all information and records acquired by a local team in the exercise of its purpose and duties under this subtitle are confidential, exempt from disclosure under Title 4 of the General Provisions Article, and may be disclosed only as necessary to carry out the team’s purpose and duties.

(b) (1) Mental health records are subject to the additional limitations under § 4–307 of this article for disclosure of a medical record developed primarily in connection with the provision of mental health services.

(2) Substance abuse treatment records are subject to any additional limitations for disclosure or redisclosure of a medical record developed in connection with the provision of substance abuse treatment services under State law or 42 U.S.C. § 290dd–2 and 42 C.F.R. Part 2.

(c) Statistical compilations of data that do not contain any information that would permit the identification of any person to be ascertained are public records.

(d) Reports of a local team that do not contain any information that would permit the identification of any person to be ascertained are public information.

(e) Except as necessary to carry out a local team’s purpose and duties, members of a local team and persons attending a local team meeting may not disclose:

(1) What transpired at a meeting that is not public under § 5–905 of this subtitle; or

(2) Any information the disclosure of which is prohibited by this section.

(f) (1) Members of a local team, persons attending a local team meeting, and persons who present information to a local team may not be questioned in any civil or criminal proceeding about information presented in or opinions formed as a result of a meeting.

(2) This subsection does not prohibit a person from testifying to information that is obtained independently of a local team or that is public information.

(g) (1) Except as provided in paragraph (2) of this subsection, information, documents, or records of a local team are not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.

(2) Information, documents, or records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of a local team or are maintained by a local team.

(h) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 90 days or both.
Md. Code, Health - General § 5-604.1 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-604.1
§5–604.
Status: in_force

§5–604.1.

(a) An advance directive may contain a statement by a declarant that the declarant consents to the gift of all or any part of the declarant’s body for any one or more of the purposes specified in Title 4, Subtitle 5 of the Estates and Trusts Article.

(b) Notwithstanding any other provision of law, an anatomical gift in an advance directive is valid and effective for all purposes under Title 4, Subtitle 5 of the Estates and Trusts Article, including the immunity from civil or criminal liability set forth in § 4–514 of the Estates and Trusts Article.
Md. Code, Transportation § 5-1008 — MD Code / Article gtr / Title 5 / Subtitle 10 / Section 5-1008
§5–1008.
Status: in_force

(a) Except as specifically authorized by State or federal law, a person may not be aboard, board, or attempt to board any aircraft engaged in certificated air commerce services with any firearm or explosive on or about his person, whether openly or concealed.

(b) Any person who violates any provision of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years.
Md. Code, Labor and Employment § 5-304 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

From among the public members of the Board, the Commissioner shall appoint a chairman.
Md. Code, Commercial Law § 5-112 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-112
§5–112.
Status: reserved

(a) Except as otherwise provided in § 5-113 of this title, unless a letter of credit provides that it is transferable, the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred.

(b) Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if:

(1) The transfer would violate applicable law; or

(2) The transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in § 5-108(e) of this title or is otherwise reasonable under the circumstances.
Md. Code, State Finance and Procurement § 5A-324 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-324
§5A–324.
Status: in_force

(a) There is a Maryland Advisory Council on Historic Preservation.

(b) (1) The Council consists of seven voting members.

(2) The ex officio members are:

(i) the Secretary of General Services;

(ii) the Secretary of Housing and Community Development;

(iii) the Secretary of Planning; and

(iv) the Secretary of Transportation.

(3) The Governor shall appoint the other three members, of whom:

(i) two shall be individuals with expertise in architecture, history, archaeology, or another appropriate discipline that relates to historic preservation; and

(ii) one shall be a member of the general public.

(4) An ex officio member may designate a deputy secretary from the member’s department to act in the member’s absence.

(c) The Secretary of Planning serves as chair.

(d) (1) The term of an appointed member is 4 years.

(2) The terms of the appointed members are staggered as required by the terms provided for members of the Council on October 1, 2005.

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

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

(e) (1) A majority of the authorized membership of the Council is a quorum.

(2) The Council shall set the times and places of its meetings.

(f) A member of the Council:

(1) may not receive compensation as a member; but

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

(g) The Director of the Trust is the secretary and staff to the Council.
Md. Code, Transportation § 5-408 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

(a) In its operation of an airport, airport facility, or air navigation facility owned or controlled by this State, the Administration, with the approval of the Secretary and subject to the direction of the Commission, may contract, lease, or otherwise arrange with any person to:

(1) Provide the person with services furnished by the Administration or its agents at the airport or facility; or

(2) Grant to the person the privilege of:

(i) Using or improving for commercial purposes any part of the airport or facility; or

(ii) Supplying services, facilities, goods, commodities, or other things at the airport or facility.

(b) (1) For the privileges granted, the Administration may establish any terms and conditions and fix any charges, rentals, or fees that:

(i) Are reasonable and uniform for the same class of privilege or service;

(ii) Are established with due regard to the property and improvements used and the expenses of operation to this State; and

(iii) Do not deprive the public of its rightful, equal, and uniform use of any part of the airport or facility.

(2) The Administration shall monitor the charges, fees, or prices of any goods or services offered to the public by persons granted the privilege under this section. Every contract, lease, or other arrangement shall provide that charges, fees, or prices:

(i) May not be increased without the prior approval of the Administration; and

(ii) Are to be reasonable. In determining reasonableness the Administration shall consider the charges, fees, or prices for the same goods or services at comparable airports.

(3) The Administration shall:

(i) Monitor the employment practices under Title 20, Subtitle 6 of the State Government Article of persons granted privileges under this section; and

(ii) Refer for investigation all alleged violations of § 20–606 of the State Government Article to the Commission on Civil Rights, the Equal Employment Opportunity Commission, or any appropriate State or federal administrative body.

(c) (1) In this subsection, “commercial activity” means the sale, merchandising, marketing, or promotion of any goods or services.

(2) Commercial activity is permitted at an airport operated by the Administration only when expressly authorized by and in a manner prescribed by the Administration.
Md. Code, Estates and Trusts § 5-706 — MD Code / Article get / Title 5 / Subtitle 7 / Section 5-706
§5–706.
Status: in_force

The consent required under § 5–702(5) of this subtitle shall state that the subscribing person has notice that:

(1) Instead of filing a formal inventory and account, the personal representative shall file a verified final report under modified administration no later than 10 months from the date of appointment;

(2) On request by any legatee or heir not paid in full, a formal inventory and account shall be provided by the personal representative to the legatees or heirs;

(3) A written objection to modified administration by an interested person may be filed with the register of wills at any time during administration, which shall revoke the modified administration;

(4) By filing a written objection:

(i) The modified administration is revoked;

(ii) The estate shall be administered under administrative probate; and

(iii) The personal representative shall file a formal inventory and account as needed until the estate is closed;

(5) Unless an interested person waives notice of the verified final report under modified administration, the personal representative shall provide a copy to each interested person within 10 months from the date of the appointment; and

(6) Under modified administration, distribution to all legatees and heirs shall be made within 12 months from the date of appointment.
Md. Code, Corporations and Associations § 5-5A-12 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-12
§5–5A–12.
Status: in_force

(a) The business and affairs of a cooperative shall be managed under the direction of a board of directors. Every cooperative shall have at least 5 directors.

(b) Except in the case of foreign cooperatives, at least 2 of the directors shall be residents of this State.

(c) Each director shall be a member of the cooperative or of a member cooperative.
Md. Code, Agriculture § 5-2A-01 — MD Code / Article gag / Title 5 / Subtitle 2A / Section 5-2A-01
§5–2A–01.
Status: in_force

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

(b) “Certified applicator” has the meaning stated in § 5–201 of this title.

(c) “Neonicotinoid pesticide” means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including:

(1) Imidacloprid;

(2) Nithiazine;

(3) Acetamiprid;

(4) Clothianidin;

(5) Dinotefuran;

(6) Thiacloprid;

(7) Thiamethoxam; and

(8) Any other chemical designated by the Department as belonging to the neonicotinoid class of chemicals.

(d) “Restricted use pesticide” has the meaning stated in § 5–201 of this title.
Md. Code, Natural Resources § 5-406 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

(a) Except as provided in subsection (b) of this section, any person who desires to cut down or trim any roadside tree shall apply to the Department for a permit.

(b) (1) A person may remove a tree or its branches without first obtaining a permit from the Department if the tree is unrooted or its branches broken so as to contact telephone, telegraph, electric power, or other wires carrying electric current, or if the tree or its branches endanger persons or property.

(2) A tree may be cut down and removed by an abutting landowner for the landowner’s own use without first obtaining a permit if the tree is standing within the right–of–way of a public road which has not been surfaced with either stone, shell, gravel, concrete, brick, asphalt, or other improved surface.

(c) A person may not cut down, trim, mutilate, or in any manner injure any roadside tree, except as authorized by this section, without a permit from the Department.

(d) A county or municipality may not issue a building permit to an applicant for any clearing, construction, or development that will result in the trimming, cutting, removal, or injury of a roadside tree until the applicant first obtains a permit from the Department in accordance with this section.

(e) A person who trims, cuts, removes, or injures a roadside tree in violation of a regulation adopted under § 5–402 of this subtitle or a permit issued under this section or who fails to obtain a permit as required by this section is liable for the imposition of a penalty:

(1) Not exceeding $2,000 for a first offense; and

(2) Not exceeding $5,000 for a second or subsequent offense.
Md. Code, Labor and Employment § 5-201 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

The Commissioner shall have the power and authority to administer and enforce this title.
Md. Code, Family Law § 5-3A-10 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-10
§5–3A–10.
Status: in_force

A party to a case under this subtitle may appeal to the Appellate Court of Maryland from an interlocutory or final order.
Md. Code, Family Law § 5-506 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

(a) The General Assembly intends that:

(1) all children whose care is the responsibility of this State shall have similar protection in terms of health, safety, and quality of care; and

(2) the rules and regulations of agencies that are charged with child care shall be comparable.

(b) In addition to other regulations adopted under this title, the Department may adopt regulations to carry out §§ 5-507, 5-508, 5-509, and 5-509.1 of this subtitle, which relate to the licensing of child placement agencies, child care homes, child care institutions, and residential educational facilities.

(c) (1) By regulation, the Department may delegate authority to child placement agencies to issue licenses or approve applicants for licenses under this subtitle.

(2) Any regulation adopted by the Department under this subsection shall provide for an appeal to an administrative appellate authority from a decision of a child placement agency.

(d) (1) A child placement agency, child care home, child care institution, or residential educational facility may not be required to obtain a license from more than one State agency.

(2) Any State agency authorized to license child placement agencies, child care homes, child care institutions, or residential educational facilities may make cooperative arrangements with any other State agency to give effect to paragraph (1) of this subsection.

(e) The Department shall cooperate in planning and determining the cost of developing and implementing a system of evaluating the success of services to children in out–of–home placement.
Md. Code, State Finance and Procurement § 5A-334 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-334
§5A–334.
Status: in_force

(a) There is an Archaeology Office in the Trust.

(b) (1) The Archaeology Office includes a research unit.

(2) The research unit shall:

(i) engage in and direct fundamental archaeological research;

(ii) synthesize existing research information; and

(iii) encourage archaeological research and investigation by museums, institutions of higher education, and scientific and historical institutions and organizations in the State.

(c) (1) The Director shall employ a Chief Archaeologist, a State Terrestrial Archaeologist, and a State Underwater Archaeologist in accordance with § 5A-316 of this subtitle.

(2) (i) Each archaeologist employed under this subsection shall have an advanced degree in archaeology or a closely related field from an accredited college or university.

(ii) The Chief Archaeologist shall be a professional archaeologist.

(3) The Chief Archaeologist is the administrative head of the Archaeology Office.

(d) (1) Except as provided in paragraph (2) of this subsection, the Archaeology Office includes all staff members of the Trust who are archaeologists or hired to perform archaeological work, including those who may be assigned archaeological-related functions in other units of the Trust.

(2) The Archaeology Office does not include individuals specifically assigned to a park, museum, or other site-specific facility under the jurisdiction of the Trust.
Md. Code, State Government § 5-101 — MD Code / Article gsg / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

(a) There is a Treasurer of the State, as provided in Article VI, § 1 of the Maryland Constitution.

(b) (1) The General Assembly may designate a committee to consider the qualifications of the candidates and procedures for the casting of ballots for the appointment.

(2) A committee designated under this subsection shall consist of an equal number of Senators and Delegates.

(3) The President and the Speaker shall each designate a cochairman of the committee.

(4) At least 7 days prior to the public hearing, staff shall advertise the position in newspapers of general circulation in the State.

(5) The committee shall conduct a public meeting at which time candidates for the Office of Treasurer shall present themselves.

(6) The committee shall determine its procedures which shall include a secret ballot, limited to the members present and voting, to determine its nominee.

(c) If the General Assembly designates a committee under subsection (b) of this section, the committee shall report to the General Assembly on the qualifications of the candidates for the Office of Treasurer and recommend one of the candidates to the General Assembly for the appointment as Treasurer.

(d) (1) During the first session following the election of new members to the General Assembly, the General Assembly shall meet in joint session to appoint the Treasurer.

(2) If the General Assembly does not appoint someone to the Office of Treasurer at the time of its first joint session to consider the appointment of a Treasurer, the General Assembly shall continue to meet in joint session on a daily basis until a Treasurer is appointed.

(e) (1) The appointment of the Treasurer by the General Assembly shall be determined by a majority of the membership present and voting of the Senate and the House, sitting jointly.

(2) Each member of the General Assembly shall have 1 vote.

(3) (i) The name of each person who applies shall be placed on the ballot that is distributed at the joint session and the ballot shall contain a place for a write-in candidate. A candidate may withdraw his or her name at any time.

(ii) Before ballots are distributed, the Reading Clerk shall read the letter of recommendation, if any, from the joint committee for which provision is made in subsection (c) of this section. Once read, the joint session shall immediately proceed with the balloting. Nominating speeches may not be made from the floor.

(iii) The casting of ballots for the appointment of the Treasurer shall be by secret ballot.

(iv) Ballots shall be distributed by representatives of the Office of the Secretary of the Senate and of the Chief Clerk of the House of Delegates. The Secretary of the Senate shall open each ballot and hand it to the Chief Clerk of the House, who shall announce for whom the vote is cast.

(v) The counting of ballots shall be observed by:

1. the Majority Leader of the Senate;

2. the Minority Leader of the Senate;

3. the Majority Leader of the House of Delegates;

4. the Minority Leader of the House of Delegates; and

5. any other member of either chamber so designated by the President of the Senate or the Speaker of the House.

(4) The Rules of the House of Delegates, as adopted for the session at which the State Treasurer is appointed, shall govern the proceedings of the joint session or sessions. The members of the General Assembly, sitting jointly, shall determine any other procedure necessary for the casting of ballots for the appointment of the Treasurer.

(f) Staff to the joint committee shall be provided by the Department of Legislative Services.
Md. Code, Courts and Judicial Proceedings § 5-416 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-416
§5–416.
Status: in_force

A member of a lawyer counseling committee, defined under § 10-502 of the Business Occupations and Professions Article, who acts in good faith and within the scope of the jurisdiction of the committee is not civilly liable or subject to a disciplinary proceeding for:

(1) An action as a member of the committee; or

(2) Giving information to, participating in, or contributing to the functioning of the committee.
Md. Code, Natural Resources § 5-9C-01 — MD Code / Article gnr / Title 5 / Subtitle 9C / Section 5-9C-01
§5–9C–01.
Status: in_force

In this subtitle, “Program” means the Community Parks and Playgrounds Program.
Md. Code, Transportation § 5-204 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) In addition to the specific powers granted and duties imposed by this title, the Administration has the powers and duties set forth in this section.

(b) The Administration has general supervision over aeronautics in this State.

(c) The Administration shall:

(1) Encourage, foster, and assist in the development of aeronautics in this State;

(2) Encourage the establishment of airports, airport facilities, and air navigation facilities; and

(3) Cooperate with and assist the federal government, any political subdivision of this State, and any other person in the development of aeronautics, and coordinate the aeronautical activities of these bodies and persons.

(d) With the approval of the Secretary, the Administration may:

(1) Recommend necessary legislation to advance the interests of this State in aeronautics;

(2) Represent this State in aeronautics matters before any agency of this or any other state or of the federal government;

(3) Participate on behalf of this State or any political subdivision or citizen of this State as party plaintiff or defendant or as intervenor in any controversy that involves the interest of this State in aeronautics; and

(4) Adopt rules and regulations for the functioning and administration of the Administration.
Md. Code, Public Safety § 5-110 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-110
§5–110.
Status: in_force

(a) The Secretary shall disapprove an application for a dealer’s license if:

(1) the Secretary determines that the applicant supplied false information or made a false statement;

(2) the Secretary determines that the application is not properly completed;

(3) the Secretary receives a written notification from the applicant’s licensed attending physician that the applicant suffers from a mental disorder and is a danger to the applicant or to another; or

(4) the Secretary determines that the applicant intends that a person who is not eligible to be issued a dealer’s license or whose dealer’s license has been revoked or suspended:

(i) will participate in the management or operation of the business for which the license is sought; or

(ii) holds a legal or equitable interest in the business for which the license is sought.

(b) If the Secretary disapproves an application for a dealer’s license, the Secretary shall notify the applicant in writing of:

(1) the disapproval of the application; and

(2) the reason the application was denied.

(c) A person whose application for a dealer’s license has been disapproved may not engage in the business of selling, renting, or transferring regulated firearms, unless the disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with subsection (d) of this section.

(d) (1) An applicant who is aggrieved because the Secretary has disapproved the application for a dealer’s license may appeal to the circuit court of the county where the applicant’s place of business is to be located.

(2) The appeal must be filed not later than 30 days after the Secretary mails notification of disapproval to the applicant.

(3) If the appeal is properly and timely filed, the court shall affirm or reverse the disapproval of the Secretary depending on whether the court finds that:

(i) the applicant supplied false information or made a false statement; or

(ii) the application was not properly completed.

(4) The Secretary or the applicant may appeal the decision of the circuit court to the Court of Special Appeals.
Md. Code, Corporations and Associations § 5-116 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-116
§5–116.
Status: in_force

(a) (1) In an appraisal proceeding commenced under § 5-115 of this subtitle, the court shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court, and shall assess the costs against the professional corporation.

(2) The court may assess costs against the disqualified stockholder, in an amount the court finds equitable, if the court finds that the stockholder acted arbitrarily or in bad faith in refusing to accept the corporation’s offer.

(b) The court may assess the fees and expenses of counsel and experts for the disqualified stockholder against the corporation and in favor of the disqualified stockholder if the court finds that the fair value of the stock substantially exceeded the amount offered by the corporation or that the corporation did not make an offer.
Md. Code, Corporations and Associations § 5-609 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

(a) A cooperative may amend its articles of incorporation as provided in this section.

(b) (1) A proposed amendment shall be submitted for consideration at an annual or special meeting of the members of the cooperative.

(2) The proposed amendment shall be included in or attached to the notice of the meeting.

(3) The proposed amendment and any change to the proposed amendment shall be approved by the affirmative vote of not less than two-thirds of the members voting on the matter.

(c) If the proposed amendment and any change to the proposed amendment are approved by the members as provided in subsection (b) of this section:

(1) Articles of amendment shall be signed and acknowledged for the cooperative by its chairman or vice-chairman and attested by its secretary; and

(2) The seal of the cooperative shall be affixed to the articles.

(d) The articles of amendment shall contain:

(1) The name of the cooperative;

(2) The address of the principal office of the cooperative;

(3) The amendment to the articles of incorporation; and

(4) A statement that the articles are executed in accordance with this subtitle.

(e) The chairman or vice-chairman who signs the articles of amendment for the cooperative shall make and attach to the articles an affidavit stating that the cooperative has complied with the provisions of this section that relate to the articles.
Md. Code, Transportation § 5-508 — MD Code / Article gtr / Title 5 / Subtitle 5 / Section 5-508
§5–508.
Status: in_force

An appeal may be taken from a decision of the Board to a court of competent jurisdiction in the county in which the airport is located. The appeal shall be taken in the manner set forth in § 5-615 of this title.
Md. Code, Economic Development § 5-905 — MD Code / Article gec / Title 5 / Subtitle 9 / Section 5-905
§5–905.
Status: in_force

The Program shall:

(1) seek money from federal programs to administer the Program;

(2) engage in public-private partnerships and provide financial assistance to foster the development, construction, and operation of dredged material reuse facilities in the State in an economically beneficial manner;

(3) provide financial assistance to develop end-use markets for dredged material; and

(4) promote the reuse of dredged material and market resulting products.
Md. Code, Natural Resources § 5-1205 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1205
§5–1205.
Status: in_force

The Secretary may review, as to its suitability for preservation as State wildlands, any area under his jurisdiction which he deems worthy of consideration for protection as State wildland. He shall report his findings to the Governor. The Governor shall advise the General Assembly of his recommendations with respect to the designation as State “wildland” or reclassification of each area on which a review has been completed and submit maps and a definition of boundaries. Each recommendation of the Governor for designation as “wildland” becomes effective only if provided by an act of the General Assembly. Nothing contained in this title limits the Governor in proposing, as part of his recommendations to the General Assembly, the alteration of boundaries of proposed State wildland areas or recommending the addition of any contiguous area of State lands predominately of wildland value.
Md. Code, Criminal Law § 5-401 — MD Code / Article gcr / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

(a) The substances included in the schedules in this subtitle are controlled dangerous substances whether designated by official name, common or usual name, chemical name, or trade name.

(b) For purposes of this subtitle, a drug is a depressant or stimulant drug if:

(1) it is lysergic acid diethylamide; or

(2) it contains any quantity of:

(i) barbituric acid or a salt of barbituric acid;

(ii) a derivative of barbituric acid that is designated as habit forming under the Federal Food, Drug, and Cosmetic Act;

(iii) amphetamine or its optical isomers;

(iv) a salt of amphetamine or a salt of an optical isomer of amphetamine;

(v) a substance that the Attorney General of the United States designates as habit–forming because of its stimulant effect on the central nervous system; or

(vi) a substance that the Attorney General of the United States designates as having a potential for abuse because of:

1. a depressant or stimulant effect on the central nervous system; or

2. a hallucinogenic effect.
Md. Code, Transportation § 5-427 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-427
§5–427.
Status: in_force

(a) Any person who violates a parking regulation adopted and posted under § 5-426 of this subtitle is subject to a fine not exceeding $50. A violation of a parking regulation is not a misdemeanor.

(b) Any person who violates any other rule or regulation adopted and posted under § 5-426 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Family Law § 5-3B-02 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-02
§5–3B–02.
Status: in_force

(a) This subtitle applies only to an adoption that is arranged other than by a child placement agency.

(b) Except as expressly provided in this subtitle, it does not affect an adoption:

(1) for which a court entered an order on or before December 31, 2005; or

(2) pending on January 1, 2006.
Md. Code, Natural Resources § 5-504 — MD Code / Article gnr / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: reserved

(a) (1) Except as otherwise provided by this section, upon completion of any cutting operation the operator or landowner shall leave uncut and uninjured at least eight cone-bearing loblolly, shortleaf, or pond pine trees 14 inches or larger in diameter on each acre cut for the purpose of reseeding. If eight cone-bearing loblolly, shortleaf, or pond pines 14 inches in diameter are not present on any acre, the operator or landowner shall leave uncut and uninjured in place of each cone-bearing loblolly, shortleaf, or pond pine tree of the required diameter, at least two cone-bearing pine trees of the next largest diameter there standing. Trees left uncut pursuant to this section for the purpose of reseeding shall be healthy, windfirm, well-distributed throughout each acre, and with well-developed crowns possessing a sufficient number of cones to reforest the areas affected by the cutting operation.

(2) Cone-bearing pine trees need not be reserved if there are at least 400 loblolly, pond, or shortleaf pine seedlings on each acre which are vigorous, well distributed throughout, and free to grow upon completion of the cutting operation.

(b) Instead of leaving pine trees or seedlings pursuant to subsection (a) of this section, the area where any cutting operation has been conducted may be reforested pursuant to a plan approved by the Department.
Md. Code, Economic Development § 5-329 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-329
§5–329.
Status: in_force

(a) A local government may apply to the Department for a grant from the Fund to a local economic development fund.

(b) In determining whether to approve a grant to a local economic development fund, the Department or Authority shall consider and determine:

(1) the average rate of unemployment for the local jurisdiction in comparison to the average rate of unemployment for the State;

(2) whether the local government currently administers a local economic development fund;

(3) the ability of the local government to leverage private money;

(4) the level of financial commitment provided by the local government; and

(5) any other factors that the Department or Authority considers relevant.
Md. Code, Human Services § 5-5B-09 — MD Code / Article ghu / Title 5 / Subtitle 5B / Section 5-5B-09
§5–5B–09.
Status: in_force

The Administration shall:

(1) supervise the administration of the Program under this subtitle by the local departments; and

(2) adopt regulations necessary or desirable to carry out this subtitle.
Md. Code, Corporations and Associations § 5-6B-32 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-32
§5–6B–32.
Status: in_force

(a) (1) Except as provided in §§ 5–6B–08 through 5–6B–10 and § 5–6B–12 of this subtitle, the provisions of this subtitle are statewide in their effect.

(2) Except as provided in this subtitle, a county, city, or other jurisdiction may not enact any law, ordinance, or regulation which would impose a burden or restriction on a cooperative housing corporation that is not imposed on all other property of similar character not a cooperative housing corporation. Any such law, ordinance, or regulation is preempted by the subject and material of this title and is void.

(b) The provisions of all laws, ordinances, and regulations concerning building codes or zoning shall have full force and effect to the extent that they apply to property which is a cooperative housing corporation and shall be construed and applied with reference to the overall nature and use of the property without regard to the form of ownership. A law, ordinance, or regulation concerning building codes or zoning may not establish any requirement or standard governing the use, location, placement, or construction of any land and improvements which comprise a cooperative project, unless the requirement or standard is uniformly applicable to all land and improvements of the same kind or character not comprising cooperative projects.
Md. Code, Insurance § 5-503 — MD Code / Article gin / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) The eligibility of an investment shall be determined as of the date of the making or acquisition of the investment.

(b) An investment limitation that is based on the amount of assets or particular funds of a life insurer shall relate to those assets or funds as shown by:

(1) the annual statement of the life insurer as of the December 31 immediately preceding the date of acquisition of the investment by the life insurer; or

(2) a current financial statement of the life insurer that reflects the result of merger or consolidation with another insurer, bulk reinsurance, or change in capitalization.
Md. Code, Transportation § 5-101 — MD Code / Article gtr / 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 Maryland Aviation Administration.

(c) (1) “Aeronautics” means the science and art of flight.

(2) “Aeronautics” includes:

(i) Transportation by aircraft;

(ii) The operation, construction, repair, or maintenance of aircraft, aircraft power plants, and their accessories;

(iii) The repair, packing, and maintenance of parachutes;

(iv) The design, acquisition, establishment, construction, extension, operation, improvement, repair, regulation, or maintenance of airports, airport facilities, and air navigation facilities; and

(v) Instruction in flying and related ground subjects.

(d) (1) “Air navigation facility” means any facility that is used in, available for use in, or designed for use in the aid of air navigation.

(2) “Air navigation facility” includes any one or more or combination of structures, mechanisms, lights, beacons, markers, communication systems, and other instrumentalities or devices useful or designed for use as an aid or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft or the safe and efficient operation or maintenance of an airport or airport facility.

(e) “Aircraft” means any device used or designed for navigation of or flight in the air.

(f) “Airport” means any area established for the landing and taking off of aircraft, including any appurtenant airport facilities.

(g) “Airport facility” includes any one or more or combination of:

(1) Lands, airfield improvements, terminal area improvements, general aviation facilities, air cargo facilities, general site improvements, utilities, roads, streets, parking lots, and other facilities useful or designed for use in connection with the operation of an airport; and

(2) All other appurtenances and equipment useful or designed for use in the handling of air carrier service, general aviation activities, and other related activities.

(h) “Airport hazard” means any structure, tree or other vegetation, or use of land that:

(1) Obstructs the airspace required for the landing and taking off of aircraft at an airport;

(2) Is hazardous to the landing or taking off of aircraft at an airport; or

(3) Interferes with communication between an airport and aircraft.

(i) “Commission” means the Maryland Aviation Commission.

(j) “Executive Director” means the Executive Director of the Maryland Aviation Administration.

(k) “Operate aircraft” means to navigate, pilot, or otherwise use aircraft in the air or on land or water.

(l) “Police officer” means any State or local officer authorized to make arrests for violations of State or local laws.

(m) “Structure” means any object constructed or placed on or above the ground, including any building, fence, derrick, haystack, pole, wire, tower, or smokestack.
Md. Code, Courts and Judicial Proceedings § 5-202 — MD Code / Article gcj / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

If a debtor files a petition in insolvency which is later dismissed, the time between the filing and the dismissal is not included in determining whether a claim against the debtor is barred by the statute of limitations.
Md. Code, General Provisions § 5-858 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-858
§5–858.
Status: in_force

(a) An applicant or agent may not make a contribution to a member of the governing body during the pendency of the application.

(b) Except as provided in subsection (c) of this section, after an application has been filed, a member of the governing body may not vote or participate in any way in the proceedings on the application if the member or the treasurer or political committee of the member received a contribution from the applicant or agent during the pendency of the application.

(c) A member of the governing body may participate in a comprehensive zoning or rezoning proceeding.
Md. Code, Criminal Law § 5-614 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-614
§5–614.
Status: in_force

(a) (1) Unless authorized by law to possess the substance, a person may not bring into the State:

(i) 45 kilograms or more of cannabis;

(ii) 28 grams or more of cocaine;

(iii) any mixture containing 28 grams or more of cocaine;

(iv) 4 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;

(v) 1,000 dosage units of lysergic acid diethylamide;

(vi) any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;

(vii) 28 grams or more of phencyclidine in liquid or powder form;

(viii) 112 grams or more of any mixture containing phencyclidine;

(ix) 1,000 dosage units or more of methaqualone;

(x) 28 grams or more of methamphetamine;

(xi) any mixture containing 28 grams or more of methamphetamine; or

(xii) 4 grams or more of fentanyl or a fentanyl analogue.

(2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $50,000 or both.

(b) (1) Unless authorized by law to possess the cannabis, a person may not bring into the State more than 5 kilograms but less than 45 kilograms of cannabis.

(2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
Md. Code, State Finance and Procurement § 5A-405 — MD Code / Article gsf / Title 5A / Subtitle 4 / Section 5A-405
§5A–405.
Status: in_force

If a recipient of a grant under this subtitle or subsequent owner of a property that was assisted by a grant under this subtitle takes any action within 10 years of the grant award with respect to the assisted building or structure, such as dismantlement, removal, or substantial alteration, which causes it to no longer be eligible for listing on the National Register of Historic Places, within 1 year from the date of loss of eligibility, the preservation grant shall be repaid in full to the Fund.
Md. Code, Family Law § 5-516 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-516
§5–516.
Status: in_force

The Administration may not suspend or revoke a license under this subtitle unless the Administration gives to the licensee:

(1) notice of the suspension or revocation at least 20 days before the suspension or revocation;

(2) a statement of the grounds for the suspension or revocation; and

(3) an opportunity to be heard.
Md. Code, Election Law § 5-401 — MD Code / Article gel / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

(a) (1) This section does not apply to a write–in candidate.

(2) Unless exempted under subsection (c) of this section, an individual who files a certificate of candidacy shall pay a filing fee at the time the certificate of candidacy is filed.

(b) The filing fee shall be as follows:

(1) President and Vice President of the United States No fee

(2) Governor or Lieutenant Governor $290 each

(3) Comptroller of the Treasury $290

(4) Attorney General $290

(5) United States Senator $290

(6) Representative in Congress $100

(7) Member of the General Assembly $50

(8) Mayor of the City of Baltimore $150

(9) Comptroller of the City of Baltimore $150

(10) City Council of Baltimore:

(i) President $150

(ii) member at large voted on by the voters of the entire City of Baltimore……………………………………………………………………………………….$150

(iii) member voted on by less than the entire City of Baltimore………………………………………………………………………………………...$50

(11) offices of the City of Baltimore, not specified in items (8), (9), and (10) of this subsection, that are voted on by the voters of the entire City of Baltimore……………………………………………………………………………………….$150

(12) any other public office $25

(13) member of a party central committee $10

(c) (1) A candidate may petition for a waiver of the filing fee in accordance with this subsection.

(2) The filing fee required by this section shall be waived if the candidate establishes inability to pay the fee.

(3) A candidate may demonstrate inability to pay the filing fee by attaching to the certificate of candidacy when it is filed a sworn statement on the form prescribed by the State Board of inability to pay which sets forth:

(i) the nature, extent, and liquidity of the candidate’s assets; and

(ii) the candidate’s disposable net income.

(4) At its discretion and in order to conduct any investigation of the petition for waiver, the appropriate board may request that the candidate provide additional information concerning the candidate’s financial status.

(5) If the appropriate board determines that the candidate is unable to pay the required filing fee, the certificate of candidacy shall be issued without payment of the fee.
Md. Code, Family Law § 5-1001 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: in_force

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

(b) “Administration” means the Child Support Administration of the Department.

(c) “Alleged father” means an individual who is alleged, by himself or by another party, to be the father of a child in a proceeding under this subtitle.

(d) (1) “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse.

(2) “Assisted reproduction” includes:

(i) intrauterine or intracervical insemination;

(ii) donation of gametes;

(iii) donation of embryos;

(iv) in–vitro fertilization and transfer of embryos; and

(v) intracytoplasmic sperm injection.

(e) “Attorney for the Administration” means an attorney who represents the Administration in accordance with § 10–115(c) of this article.

(f) “Complaint” means a bill or petition in equity filed in a paternity proceeding.

(g) (1) “Father” means an individual, regardless of gender, whose sperm fertilizes an ovum, resulting in the birth of a child.

(2) “Father” does not include a gamete donor, unless:

(i) the gamete donor and the child’s mother agree in writing that the gamete donor will be a parent of the child; or

(ii) at the time of the child’s conception, the gamete donor is married to the child’s mother.

(h) (1) “Gamete donor” means an individual who provides, with or without consideration, sperm or an ovum intended for use in assisted reproduction.

(2) “Gamete donor” does not include the mother of a child conceived by means of assisted reproduction using the mother’s ovum.

(i) “Mother” means an individual, regardless of gender, who gives birth to a child unless parentage is otherwise established.

(j) “Putative father” means:

(1) an alleged father of a child who has no parent or presumed parent under Title 1, Subtitle 2 of the Estates and Trusts Article, other than the child’s mother; or

(2) an alleged father who is presumed to be the parent of a child under § 1–208(c)(1) or (2) of the Estates and Trusts Article.
Md. Code, Financial Institutions § 5-1003 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1003
§5–1003.
Status: in_force

(a) A banking institution or an out–of–state bank may establish a branch in this State by:

(1) Subject to subsection (b) of this section, opening a de novo branch;

(2) Purchasing an existing branch from a bank or an insured depository institution; or

(3) Converting former headquarters or retaining former branches following:

(i) The purchase of all or substantially all of the assets of a bank or an insured depository institution; or

(ii) A merger or a consolidation with a bank or an insured depository institution.

(b) An out–of–state bank may establish a de novo branch in this State under subsection (a)(1) of this section only if the home state of the out–of–state bank allows a banking institution to open a de novo branch in its state.

(c) A banking institution or an out–of–state bank may not establish or maintain a branch in this State on the premises or property of an affiliate if the affiliate engages in commercial activities.
Md. Code, Human Services § 5-603 — MD Code / Article ghu / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

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

(2) “Delinquent tenant” means a tenant of public housing who is 30 or more days delinquent in paying the tenant’s full monthly rent to a public housing authority.

(3) “Public housing” means a dwelling unit owned, leased, or managed by a public housing authority.

(4) “Public housing authority” means a public corporation created under Division II of the Housing and Community Development Article or the public corporation’s designee.

(b) If a recipient of temporary cash assistance is a delinquent tenant, the Administration, at the request of the public housing authority, shall:

(1) deduct the amount of the tenant’s rent from the tenant’s monthly assistance payments each month;

(2) pay the amount deducted from the tenant’s monthly assistance payments to the public housing authority or the public housing authority’s authorized agent; and

(3) forward the remaining amount of the monthly assistance payments to the tenant.

(c) (1) If a court establishes an escrow account under § 8-211 of the Real Property Article or a parallel provision of public local law for a tenancy covered under subsection (b) of this section, the public housing authority shall notify the Administration of the court action.

(2) On notice under paragraph (1) of this subsection or on certification by an attorney of record representing the delinquent tenant in the court action that an order has been issued to establish an escrow account, the Administration shall pay rent to the court as long as the order is in effect.

(3) Any notice under paragraphs (1) and (2) of this subsection shall include a list of all addresses covered by the court action.

(4) The public housing authority shall notify the Administration when the court action has been resolved.
Md. Code, Natural Resources § 5-601 — MD Code / Article gnr / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

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

(b) “District board” means any district forestry board created under this subtitle.

(c) “Landowners” means any person owning woodlands, located in the State.

(d) “Natural resources” means forests, fish and game, water and waterpower, soils, minerals, and all other similar sources of wealth.

(e) “Woodlands or forest lands” means any land of an area of 3 acres or more held by the same owner and primarily devoted to the growth of forest products.
Md. Code, Education § 5-505 — MD Code / Article ged / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

After the August meeting, the State Board shall submit to the Governor:

(1) The list of qualified institutions;

(2) The Superintendent’s comments on each institution; and

(3) The Board’s comments, if any, on each institution.
Md. Code, Natural Resources § 5-1104 — MD Code / Article gnr / Title 5 / Subtitle 11 / Section 5-1104
§5–1104.
Status: in_force

Except as specifically recognized by or provided in § 5-1106 of this subtitle, an owner of land who either directly or indirectly invites or permits without charge persons to use the property for any recreational or educational purpose or to cut firewood for personal use does not by this action:

(1) Extend any assurance that the premises are safe for any purpose;

(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or

(3) Assume responsibility for or incur liability as a result of any injury to the person or property caused by an act of omission of the person.
Md. Code, Economic Development § 5-1501 — MD Code / Article gec / Title 5 / Subtitle 15 / Section 5-1501
§5–1501.
Status: in_force

(a) In this section, “eligible fund manager” means:

(1) an entity that has significant financial or investment experience, under criteria developed by the Department; and

(2) includes an entity that the Department designates to manage funds received under subsection (c)(1) of this section.

(b) There is a Small, Minority, and Women–Owned Businesses Account under the authority of the Department.

(c) (1) The Account shall receive money as required under § 9–1A–27 of the State Government Article.

(2) Money in the Account shall be invested and reinvested by the Treasurer and interest and earnings shall accrue to the Account.

(3) The Comptroller shall:

(i) account for the Account; and

(ii) on a properly approved transmittal prepared by the Department, issue a warrant to pay out money from the Account in the manner provided under this section.

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

(5) Expenditures from the Account shall only be made on a properly approved transmittal prepared by the Department as provided under subsection (d) of this section.

(d) (1) (i) Subject to the provisions of paragraph (2) of this subsection, the Department shall make grants to eligible fund managers to provide investment capital and financial assistance to small, minority, and women–owned businesses in the State.

(ii) 1. Financial assistance provided by eligible fund managers shall be in the form of:

A. a loan; or

B. subject to subsubparagraph 2 of this subparagraph, a grant.

2. Financial assistance in the form of a grant:

A. may not exceed $10,000 and shall be issued in conjunction with a loan of any amount; or

B. shall be made pursuant to subsection (i) of this section.

(2) Except for money received from the Strategic Energy Investment Fund, the Department shall ensure that eligible fund managers allocate at least 50% of the funds from this Account to small, minority, and women–owned businesses in the jurisdictions and communities surrounding a video lottery facility.

(e) (1) Any money received from the Strategic Energy Investment Fund shall be used to benefit small, minority, women–owned, and veteran–owned businesses in the clean energy industry in the State.

(2) The Department shall make grants to eligible fund managers to provide investment capital, including direct equity investments and similar investments and financial assistance to small, minority, women–owned, and veteran–owned businesses in the clean energy industry in the State.

(f) Fund managers receiving grants under this section shall:

(1) keep proper records of funds and accounts;

(2) provide an annual report to the Department on investment capital and financial assistance made pursuant to subsection (d) of this section; and

(3) be subject to audit by the Office of Legislative Audits of the Department of Legislative Services.

(g) (1) Subject to paragraph (2) of this subsection, an eligible fund manager may use money from grants received under this section to pay expenses for administrative, actuarial, legal, and technical services.

(2) The Department shall set the maximum amount of grant money that each eligible fund manager may use under paragraph (1) of this subsection.

(h) (1) Subject to paragraphs (2) through (4) of this subsection, an eligible fund manager may use money from a grant received under subsection (e)(1) of this section to pay ordinary and reasonable expenses for administrative, actuarial, legal, marketing, and technical services and management fees.

(2) The Department shall:

(i) maintain all money received from the Strategic Energy Investment Fund in a single account; and

(ii) make grant allocations to an eligible fund manager as the manager advises the Department that the manager has approved and prepared to fund an investment or provide financial assistance.

(3) Any allocation that the Department makes to an eligible fund manager from the Strategic Energy Investment Fund shall include:

(i) the amount of the investment or financial assistance; and

(ii) up to an additional 3% of the total investment or financial assistance commitment amount as a management fee for the benefit and compensation of the eligible fund manager.

(4) An eligible fund manager that receives an allocation from the Strategic Energy Investment Fund shall retain for the manager’s benefit:

(i) all management fees paid by the Department; and

(ii) all interest earned from a loan made by the eligible fund manager under this subsection.

(i) (1) Notwithstanding any provisions in this section to the contrary, this subsection applies to businesses in areas of the State that are:

(i) declared to be federal disaster areas;

(ii) subject to a federal declaration of emergency; or

(iii) subject to an official declaration of emergency by the Governor.

(2) In an area of the State described in paragraph (1) of this subsection, an eligible fund manager may:

(i) provide financial assistance under this section to a small, minority, or women–owned business in the form of a grant; or

(ii) convert to a grant part or all of a loan that was provided to a small, minority, or women–owned business before the area was declared a federal disaster area or became subject to a declaration of emergency.

(3) (i) The amount of any grant or loan converted to a grant under this subsection may not exceed $50,000 for a single business.

(ii) The aggregate total of financial assistance provided in the form of grants and loans converted to grants under this subsection may not exceed $10,000,000 in a fiscal year.

(j) The Legislative Auditor shall audit the utilization of the funds that are allocated to small, minority, and women–owned businesses by eligible fund managers under subsection (d)(2) of this section during an audit of the applicable State unit as provided in § 2–1220 of the State Government Article.

(k) In accordance with § 2.5–109 of this article, the Department shall submit a report on amounts received by and expended by the Strategic Energy Investment Fund.

(l) Notwithstanding any other provision of this section, for each of fiscal years 2026 through 2028, the following amounts shall be made available from current allocations received under § 9–1A–27 of the State Government Article from previously unspent allocations:

(1) $1,500,000 for the Maryland Small Business Development Financing Authority established under § 5–505 of this title; and

(2) $7,500,000 for the Pre–Seed Builder Fund established under § 10–486 of this article.
Md. Code, General Provisions § 5-805 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-805
§5–805.
Status: in_force

This part does not apply to an official or employee of the Judicial Branch of State government.
Md. Code, Criminal Law § 5-623 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-623
§5–623.
Status: in_force

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

(2) “Drug crime” means:

(i) a crime under this title; or

(ii) a crime committed in another jurisdiction that would be a crime under this title if committed in this State.

(3) “Financial transaction” means:

(i) a payment;

(ii) a purchase;

(iii) a sale;

(iv) a loan;

(v) a pledge;

(vi) a transfer;

(vii) a delivery;

(viii) a deposit;

(ix) a withdrawal; or

(x) an extension of credit or exchange of a monetary instrument or equivalent property, including precious metals, stones or jewelry, airline tickets, stamps, or credit in a financial institution as defined in § 1-101 of the Financial Institutions Article.

(4) “Monetary instrument” means:

(i) coin or currency of the United States or any other country;

(ii) a bank check;

(iii) a travelers’ check;

(iv) a money order;

(v) an investment security; or

(vi) a negotiable instrument.

(5) “Proceeds” means money or any other property with a value exceeding $10,000.

(b) Except for a financial transaction necessary to preserve a person’s right to representation as guaranteed by the 6th Amendment to the United States Constitution and Article 21 of the Maryland Declaration of Rights, a person may not, with the intent to promote a drug crime or with the intent to conceal or disguise the nature, location, source, ownership, or control of proceeds of a drug crime:

(1) receive or acquire proceeds knowing that the proceeds are derived from a drug crime;

(2) engage in a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime;

(3) give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in proceeds knowing that the proceeds are derived from a drug crime;

(4) direct, promote, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds knowing that the proceeds are derived from a drug crime; or

(5) conduct a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime.

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

(1) for a first violation:

(i) imprisonment not exceeding 5 years;

(ii) a fine not exceeding the greater of $250,000 or twice the value of the proceeds involved in the financial transaction; or

(iii) both; or

(2) for each subsequent violation:

(i) imprisonment not exceeding 10 years;

(ii) a fine not exceeding the greater of $500,000 or 5 times the value of the proceeds involved in the financial transaction; or

(iii) both.

(d) Notwithstanding any other provision of law, for purposes of this section each financial transaction is a separate violation.
Md. Code, Transportation § 5-505 — MD Code / Article gtr / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

(a) Unless he has an appropriate permit issued by the Administration, a person may not, in any airport zoning district:

(1) Substantially alter any nonconforming structure or use; or

(2) Undertake or allow any activity prohibited by § 5-504(a) of this subtitle.

(b) (1) Before any work that requires a permit under this section is started on an operation or project and before any growth that requires a permit under this section is allowed of a tree or other vegetation, the owner of the land or structure shall obtain a permit from the Administration.

(2) The application for a permit shall be accompanied by the plats, drawings, and other information necessary to enable the Administration to determine if the proposed operation or project will comply with every applicable airport zoning regulation.

(c) (1) Except as otherwise provided in paragraph (3) of this subsection, the Administration may not issue a permit unless every airport zoning regulation applicable to the airport zoning district in which the land or structure is located will be complied with fully.

(2) The Administration shall issue a permit as a matter of right for the replacement or alteration of a nonconforming use or structure, except that the Administration may not issue any permit that will allow a structure or tree or other vegetation to be higher than or to be a greater hazard to air navigation than it was when the applicable airport zoning regulation was adopted.

(3) The Administration may issue a permit to any person acting on behalf of the Administration or any federal agency on land owned by the State or the federal government if the proposed activity complies with all applicable federal aviation regulations.

(d) The Administration may condition any permit so as to require the owner of the land or structure to which the permit applies to install, operate, and maintain at his expense the markers and lights necessary to indicate to aircraft the presence of an airport hazard.

(e) If the Administration disapproves an application:

(1) The Administration shall notify the applicant in writing of its reasons for the disapproval; and

(2) If the Board of Airport Zoning Appeals is authorized to grant a variance from the applicable regulation, the applicant may appeal to the Board as provided in § 5-507 of this subtitle.

(f) A local agency may not issue a use permit or a permit for any construction, reconstruction, extension, repair, or alteration within an airport zoning district until the applicant has been issued an airport zoning permit by the Administration.
Md. Code, Criminal Law § 5-908 — MD Code / Article gcr / Title 5 / Subtitle 9 / Section 5-908
§5–908.
Status: in_force

(a) The Department may impose a civil penalty in an amount not exceeding $1,000 for each violation of this title.

(b) The Department shall adopt regulations to set standards for the imposition of penalties under this section.

(c) The Department shall remit a penalty imposed under this section to the General Fund of the State.
Md. Code, Transportation § 5-1003 — MD Code / Article gtr / Title 5 / Subtitle 10 / Section 5-1003
§5–1003.
Status: in_force

On demand, the holder of a federal airman’s certificate of competency shall present the certificate for inspection to:

(1) Any authorized representative of the Administration; or

(2) Any State or local police officer.
Md. Code, Human Services § 5-5A-09 — MD Code / Article ghu / Title 5 / Subtitle 5A / Section 5-5A-09
§5–5A–09.
Status: in_force

(a) (1) The Office shall develop a uniform redetermination process to assist eligible energy customers who are at least 65 years old in enrolling in energy assistance programs.

(2) The redetermination process developed under paragraph (1) of this subsection shall be updated annually.

(b) The redetermination process shall require local administering agencies to:

(1) have an accessible location to receive eligible energy customers’ applications according to the Office’s contractual or program requirements; and

(2) establish a policy reflecting reasonable accommodations for applicants who are homebound or request accommodation, including by:

(i) arranging for a home visit; or

(ii) allowing an individual to apply on the behalf of an eligible energy customer.

(c) The Office shall provide notice of the redetermination process to all eligible energy customers and include with the notice an addressed envelope with prepaid postage.

(d) In addition to the notice required under subsection (c) of this section, the Office shall:

(1) require yearly verification of status for each customer that qualifies for the redetermination process;

(2) allow an eligible energy customer 45 days to respond to a request for additional information; and

(3) maintain records organized by county, including records on the number of households during the previous year:

(i) that were eligible for redetermination;

(ii) whose notice of the redetermination process was verified and returned; and

(iii) that were reenrolled in the redetermination process.

(e) The Office may not require a new application for a current energy customer whose eligibility has not changed from the previous year.

(f) On or before December 1 each year, the Office shall report, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the information collected under subsection (d)(3) of this section.

(g) The Department shall adopt regulations to implement this section.
Md. Code, Public Utilities § 5-103 — MD Code / Article gpu / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) (1) The Commission may require a public service company to continue any service that the public service company renders to the public under any franchise, right, or permit, after any applicable expiration date.

(2) Unless authorized by the Commission, a public service company may not discontinue or abandon a service under a franchise, right, or permit.

(3) The Commission may authorize a public service company to discontinue or abandon a service under a franchise, right, or permit if the Commission finds that the present or future public convenience and necessity allows the discontinuance or abandonment.

(4) Denial of authorization to discontinue or abandon a service under a franchise, right, or permit does not preclude subsequent reapplication.

(b) (1) Whenever the Commission authorizes the abandonment or discontinuance of a franchise, right, or permit, as a whole or in part, that involves any service to or from a suburban community, the Commission:

(i) shall consider all applications to acquire the franchise, right, or permit to render the service; and

(ii) shall grant the application to the best qualified applicant.

(2) An abandoned or discontinued right that extends between mid-city and suburban termini shall continue to extend between the mid-city and suburban termini if the abandoned or discontinued right:

(i) as acquired by the abandoning or discontinuing public service company or its predecessor, extended from mid-city to suburban termini; or

(ii) was operated between the mid-city and suburban termini during most of its existence or for an aggregate of at least 15 years.
Md. Code, Economic Development § 5-454 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-454
§5–454.
Status: in_force

The Authority may place a linked deposit with a lender in accordance with this part.
Md. Code, Economic Development § 5-431 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-431
§5–431.
Status: in_force

(a) If the requirements of this section are satisfied, and subject to § 5–432 of this subtitle, the Authority may use the Fund to:

(1) insure the payment of any of the principal of, redemption or prepayment premiums or penalties on, and interest on authorized purpose obligations; and

(2) pay or insure the payment of fees or premiums for insurance, guarantees, or other credit support in connection with financial assistance under this subtitle.

(b) Based on factors it considers relevant, the Authority shall determine, in its sole discretion, that the economic impact of the transaction will be substantial.

(c) The Authority shall find:

(1) that the transaction will not result in:

(i) the removal from one county to another county of the business operations of any person who benefits from the transaction; or

(ii) the abandonment of the business operations in the State of any person who benefits from the transaction; or

(2) if the transaction will result in removal or abandonment, that the transaction will:

(i) discourage the business from leaving the State; or

(ii) preserve the competitive position of the business in its industry.

(d) Financial assistance under this section may only be used in connection with a retail establishment if the Authority determines, in its sole discretion, that the financial assistance will accomplish the purposes of this subtitle.

(e) The Authority shall find that the Authority will not be required, except on default, to operate, service, or maintain any business.

(f) The authorized purpose obligations shall be secured in a manner that the Authority approves.

(g) Financial assistance from the Fund provided under this section may not exceed an aggregate amount of $2,500,000 for a single transaction.

(h) The aggregate amount of insurance provided under this section for a single authorized purpose obligation may not exceed:

(1) for an export–related financing transaction, 90% of the total of the principal of, redemption or prepayment premiums or penalties on, and interest on the authorized purpose obligation; or

(2) for a transaction other than an export–related financing transaction, 80% of the total of the principal of, redemption or prepayment premiums or penalties on, and interest on the authorized purpose obligation.
Md. Code, Business Occupations and Professions § 5-609 — MD Code / Article gbo / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

(a) A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 30 days or both.

(b) (1) Except as otherwise provided by this title, the Board may impose on a person who violates any provision of this title a penalty not exceeding $1,000 for all violations cited on a single day.

(2) In setting the amount of the penalty, the Board shall consider:

(i) the seriousness of the violation;

(ii) the harm caused by the violation;

(iii) the good faith of the violator;

(iv) any history of previous violations by the violator; and

(v) any other relevant factors.

(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.
Md. Code, Transportation § 5-701 — MD Code / Article gtr / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

(a) An obstruction to air navigation:

(1) Interferes with the public right of freedom of transit in air commerce;

(2) Endangers the lives and property of those using the airspace for transportation; and

(3) Endangers the lives and property of the occupants of land in this State.

(b) The public health, safety, and welfare require regulation of the erection and maintenance of obstructions to air navigation.
Md. Code, Natural Resources § 5-703 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

The Secretary shall furnish notices, printed in large letters, calling attention to the dangers of forest fires, and to forest fire and trespass laws, and their penalties. The Secretary shall distribute the notices to forest wardens who shall post them in conspicuous places on State forest reserves and along highways in forest-covered country. It is unlawful for any person to tear down or deface any forest fire warning notice.
Md. Code, Transportation § 5-614 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-614
§5–614.
Status: in_force

(a) The legislative body of a political subdivision may authorize the board of appeals in cases of practical difficulty or unnecessary hardship to grant specific variances from the airport zoning regulations adopted under this subtitle, subject to the rules, regulations, restrictions, guides, and standards established by the legislative body.

(b) If the board is authorized to grant variances, any person who desires to use his property in a manner prohibited by an airport zoning regulation adopted under this subtitle may apply to the board for a variance from the regulation.

(c) The board may condition any variance so as to require the owner of the land or structure to which the variance applies to install, operate, and maintain at his expense the markers and lights necessary to indicate to aircraft the presence of an airport hazard.
Md. Code, Family Law § 5-707 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-707
§5–707.
Status: in_force

(a) Subject to federal and State law, the Administration shall provide by regulation adopted in accordance with Title 10, Subtitle 1 of the State Government Article:

(1) procedures for protecting the confidentiality of reports and records made in accordance with this subtitle;

(2) conditions under which information may be released;

(3) conditions for determining in cases whether abuse, neglect, or sexual abuse is indicated, ruled out, or unsubstantiated; and

(4) procedures for the appeal processes provided in this subtitle.

(b) (1) The local department shall expunge a report of suspected abuse or neglect and all assessments and investigative findings:

(i) within 5 years after the date of referral if the investigation under § 5–706 of this subtitle concludes that the report is unsubstantiated, and no further reports of abuse or neglect are received during the 5 years; and

(ii) subject to paragraph (2) of this subsection, within 2 years after the date of referral if the report is ruled out, and no further reports of abuse or neglect are received during the 2 years.

(2) If a report is ruled out, the local department may, on good cause shown, immediately expunge the report and all assessments and investigative findings.
Md. Code, Public Safety § 5-136 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-136
§5–136.
Status: in_force

(a) (1) This section does not apply to a person who purchases a regulated firearm as a gift if:

(i) the regulated firearm is a gift to a resident of the State; and

(ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or

2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.

(2) If the regulated firearm is a gift to the purchaser’s spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:

(i) complete an application to purchase or transfer a regulated firearm; and

(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.

(3) The Secretary shall waive the $10 application fee required under § 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.

(b) A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.
Md. Code, General Provisions § 5-509 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-509
§5–509.
Status: in_force

An official or employee may not retaliate against an individual for reporting or participating in an investigation of a potential violation of the Maryland Public Ethics Law.
Md. Code, Health - General § 5-606 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

(a) (1) Prior to providing, withholding, or withdrawing treatment for which authorization has been obtained or will be sought under this subtitle, the attending physician and a second physician or a nurse practitioner, one of whom shall have examined the patient within 2 hours before making the certification, shall certify in writing that the patient is incapable of making an informed decision regarding the treatment. The certification shall be based on a personal examination of the patient.

(2) If a patient is unconscious, or unable to communicate by any means, the certification of a second physician or a nurse practitioner is not required under paragraph (1) of this subsection.

(3) When authorization is sought for treatment of a mental illness, the second physician or the nurse practitioner may not be otherwise currently involved in the treatment of the person assessed.

(4) The cost of an assessment to certify incapacity under this subsection shall be considered for all purposes a cost of the patient’s treatment.

(b) A health care provider may not withhold or withdraw life–sustaining procedures on the basis of an advance directive where no agent has been appointed or on the basis of the authorization of a surrogate, unless:

(1) The patient’s attending physician and a second physician or a nurse practitioner have certified that the patient is in a terminal condition or has an end–stage condition; or

(2) Two physicians, one of whom is a neurologist, neurosurgeon, or other physician who has special expertise in the evaluation of cognitive functioning, certify that the patient is in a persistent vegetative state.
Md. Code, Election Law § 5-502 — MD Code / Article gel / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

(a) Subject to § 5–402 of this title, an individual who has filed a certificate of candidacy may withdraw the candidacy by filing a certificate of withdrawal on the form prescribed by the State Board within 10 days after the filing date established under § 5–303 of this title.

(b) An individual who has filed a certificate of candidacy for the special election to fill a vacancy for Representative in Congress may withdraw the certificate on the prescribed form within 2 days after the filing date established in the proclamation issued by the Governor.
Md. Code, Labor and Employment § 5-308.1 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-308.1
§5–308.
Status: in_force

§5–308.1.

(a) The Commissioner, in consultation with the Secretary of Health, shall adopt regulations to implement the Bloodborne Pathogen Standard adopted by the federal Occupational Safety and Health Administration in 29 C.F.R. 1910.1030, as interpreted in the directive issued by the Occupational Safety and Health Administration on November 5, 1999.

(b) The Commissioner shall submit notice regarding any modifications made to, or directives issued interpreting, the federal Bloodborne Pathogen Standard after November 5, 1999 and, subject to § 2–1257 of the State Government Article, make recommendations for any legislative changes to the House Health and Government Operations Committee, the Senate Education, Health, and Environmental Affairs Committee, and the General Assembly within 30 days of the issuance of modifications to the Bloodborne Pathogen Standard.
Md. Code, State Finance and Procurement § 5-7B-02 — MD Code / Article gsf / Title 5 / Subtitle 7B / Section 5-7B-02
§5–7B–02.
Status: in_force

The following areas shall be considered priority funding areas under this subtitle:

(1) a municipal corporation, including Baltimore City, except that:

(i) those areas annexed by a municipal corporation after January 1, 1997 but before October 1, 2006 shall satisfy requirements relating to density and service by water and sewer set forth in § 5–7B–03 of this subtitle; and

(ii) those areas annexed by a municipal corporation after September 30, 2006, shall satisfy all of the requirements set forth in § 5–7B–03 of this subtitle;

(2) an enterprise zone as designated under Title 5, Subtitle 7 of the Economic Development Article, or by the United States government;

(3) a certified heritage area as defined in §§ 13–1101 and 13–1111 of the Financial Institutions Article that is located within a locally designated growth area;

(4) those areas of the State located between Interstate Highway 495 and the District of Columbia;

(5) those areas of the State located between Interstate Highway 695 and Baltimore City; and

(6) an area designated by the governing body of a county or municipal corporation under § 5–7B–03 of this subtitle.
Md. Code, Courts and Judicial Proceedings § 5-721 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-721
§5–721.
Status: in_force

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

(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, Family Law § 5-706.3 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-706.3
§5–706.
Status: in_force

§5–706.3.

(a) The Department of Human Services, in cooperation with the Maryland Department of Health, shall develop intervention systems in at least four counties designated by the Secretary of Human Services that:

(1) include drug treatment for a mother of a child who is born drug exposed and supportive services for the family of the child; and

(2) serve 300 families.

(b) An intervention shall be initiated when:

(1) a child is born drug exposed; and

(2) medical personnel have determined that the child is at a high risk of abuse or neglect.

(c) Subject to the provisions of subsections (a) and (b) of this section, the local department of social services and the Maryland Department of Health shall assist the mother of a child who is born drug exposed in:

(1) obtaining drug treatment; and

(2) providing supportive services to maintain family unity.

(d) A CINA petition shall be filed on behalf of a child who is born drug exposed, if:

(1) the mother refuses the recommended level of drug treatment, or does not successfully complete the recommended level of drug treatment;

(2) the mother is unable to provide adequate care for the child; and

(3) the father is unable to provide adequate care for the child.
Md. Code, Education § 5-311 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-311
§5–311.
Status: in_force

On or before July 1 of each year, the Department of General Services shall provide a report to the Department and each local education agency that describes existing State purchasing contracts that local education agencies may use to purchase school furniture, equipment, commodities, and services.
Md. Code, Natural Resources § 5-1011 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1011
§5–1011.
Status: in_force

(a) In this section, “Fund” means the Off–Highway Recreational Vehicle Trail Fund.

(b) There is an Off–Highway Recreational Vehicle Trail Fund.

(c) The purpose of the Fund is to maintain and construct trails for off–highway recreational vehicles.

(d) The Secretary shall administer the Fund.

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

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

(f) The Fund consists of:

(1) Revenue distributed to the Fund under § 13–814(b) of the Transportation Article;

(2) Money appropriated in the State budget for the Fund; and

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

(g) The Fund may be used only to:

(1) Maintain trails for off–highway recreational vehicles on State park land that was purchased or leased by the Department before January 1, 2017;

(2) Maintain and construct trails for off–highway recreational vehicles on State park land that is purchased or leased by the Department on or after January 1, 2017; and

(3) Maintain and construct trails for off–highway recreational vehicles on any land that is not State park land that is purchased or leased by the Department.

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

(2) Any interest earnings of the Fund shall be credited to the General Fund of the State.

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

(j) Money expended from the Fund for maintaining and constructing trails for off–highway recreational vehicles is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for maintaining and constructing trails for off–highway recreational vehicles.
Md. Code, Family Law § 5-1403 — MD Code / Article gfl / Title 5 / Subtitle 14 / Section 5-1403
§5–1403.
Status: in_force

(a) An action for termination of parental rights under this subtitle may be filed by either parent of the child, the child’s court–appointed guardian, or the child’s court–appointed attorney.

(b) (1) An action for termination of parental rights filed by a parent under this subtitle shall be filed within 7 years after the later of:

(i) the date of the birth of the child conceived as a result of the nonconsensual sexual conduct; or

(ii) the date on which the parent knew or should have known the other parent’s identity.

(2) An action for termination of parental rights filed by a child’s court–appointed guardian or attorney under this subtitle shall be filed before the child becomes an adult.

(c) In an action for termination of parental rights filed against a respondent by a child’s court–appointed guardian or attorney under this subtitle:

(1) the other parent shall be joined as a party to the action; and

(2) the action may not proceed if the other parent objects before the commencement of a trial under this subtitle.

(d) (1) Except as provided in paragraph (3) of this subsection, when proof is made by affidavit that good faith efforts to serve the respondent have not succeeded or that the respondent has acted to evade service, the court may order any other means of service that the court considers appropriate under the circumstances and that is reasonably calculated to give actual notice of the proceeding to the respondent.

(2) The court shall rule on any motion for alternative service under this subsection within 15 days after the filing of the motion.

(3) The court may not require publication of the name or personally identifying information of the other parent or the child.

(e) (1) A scheduling conference shall be held within 60 days after service of the complaint.

(2) At the scheduling conference, the court:

(i) shall issue a scheduling order, taking into consideration the best interest of the child, the time needed for discovery, and the interest of justice;

(ii) after providing the parents with an opportunity to be heard, may determine temporary custody of the minor child; and

(iii) shall advise the respondent that:

1. the respondent may refuse to testify or to offer evidence; and

2. no adverse inference may be drawn from the respondent’s refusal to testify or to offer evidence.

(3) Failure of the court to advise a respondent under paragraph (2)(iii) of this subsection is not grounds to overturn a finding under this subtitle.

(4) A complaint filed under this subtitle shall include a notice to the respondent that a scheduling conference will be held within 60 days after service of the complaint.
Md. Code, Corporations and Associations § 5-326 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-326
§5–326.
Status: in_force

All assets owned by any Methodist Church, including any former Methodist Episcopal Church, Methodist Protestant Church, Methodist Episcopal Church, South, the Washington Methodist Conference, or Evangelical United Brethren Church, whether incorporated, unincorporated, or abandoned:

(1) Shall be held by the trustees of the church in trust for the United Methodist Church; and

(2) Are subject to the discipline, usage, and ministerial appointments of the United Methodist Church, as from time to time authorized and declared by the general conference of that church.
Md. Code, Business Regulation § 5-707 — MD Code / Article gbr / Title 5 / Subtitle 7 / Section 5-707
§5–707.
Status: in_force

(a) In this section, “seller’s account” means:

(1) the total of specific funds deposited from all preneed burial contracts of a seller commingled in a single fund; and

(2) any income derived from investing the money in the fund.

(b) Trust accounts shall be administered as this subtitle provides.

(c) (1) Except as otherwise provided in this subtitle, a trustee appointed under this subtitle is subject to the law that is generally applicable to trustees.

(2) If a trustee appointed under this subtitle is not located in the State, the agreement between the seller and the trustee expressly shall incorporate this subtitle.

(d) A trustee:

(1) may rely on all certifications made under or required by this subtitle; and

(2) is not liable to any person for that reliance.

(e) (1) Except as otherwise provided in this subtitle, a trustee may invest money of a trust account in any security that is a lawful investment for a fiduciary, including a time deposit or certificate of deposit issued by the trustee.

(2) Except as otherwise provided in this subtitle, to ensure that money in the trust account is adequate, the trust income, including any realized capital gains, shall:

(i) remain in the trust account;

(ii) be reinvested and compounded; and

(iii) be disbursed only for payment of appropriate trustee’s fees, commissions, prorated proportional shares of total realized capital gains attributable to specific funds, and other costs of the trust account.

(f) A trustee may not use any preneed trust funds required to be held in trust in accordance with this subtitle to:

(1) purchase an interest in any contract or agreement to which the registrant, the permit holder, or any other person subject to the trust requirements of this subtitle, or any entity owned or under the control of a registrant, a permit holder, or any other person subject to the trust requirements of this subtitle, or a spouse, child, parent, or sibling of a registrant or any other person subject to the trust requirements of this subtitle is a party; or

(2) make any loan or direct or indirect investment of any kind:

(i) to any registrant, permit holder, or any other person subject to the trust requirements of this subtitle or to any spouse, child, parent, or sibling of a registrant or any other person subject to the trust requirements of this subtitle;

(ii) to or in any entity or business operations owned or under the control of a registrant, a permit holder, or any other person subject to the trust requirements of this subtitle, or a spouse, child, parent, or sibling of a registrant or any other person subject to the trust requirements of this subtitle;

(iii) on or in any real property of a cemetery or a crematory or the buildings or structures appurtenant to the property; or

(iv) in any permanent improvements of a cemetery, a crematory, the facilities of a cemetery or crematory, or the buildings or structures appurtenant to a cemetery or crematory.

(g) (1) A seller, on written notice to the trustee and in accordance with the agreement between them, may transfer the seller’s account to another trustee.

(2) A trustee, on written notice to the seller and in accordance with the agreement between them, may transfer the seller’s account to another trustee.
Md. Code, Economic Development § 5-2108 — MD Code / Article gec / Title 5 / Subtitle 21 / Section 5-2108
§5–2108.
Status: in_force

The Advisory Commission shall:

(1) advise and recommend to the Secretary for approval the allocation of money from the Maryland Alcohol Manufacturing Promotion Fund to eligible applicants for programs considered necessary or advisable to accomplish the purposes of this subtitle;

(2) provide a forum to address the issues that are relevant to the growth of the Maryland alcohol manufacturing industry; and

(3) identify strategies to facilitate growth of viticulture and other products used in manufactured alcohol such as hops, fruit, honey, and grain.
Md. Code, Election Law § 5-1005 — MD Code / Article gel / Title 5 / Subtitle 10 / Section 5-1005
§5–1005.
Status: in_force

(a) This section applies:

(1) to the nominees of a Governor and Lieutenant Governor unit; and

(2) whether or not a certificate of nomination has been issued to the nominees by the State Board.

(b) (1) If, after the primary election, a candidate for Lieutenant Governor dies, declines the nomination, or becomes disqualified, the remaining nominee for Governor of that unit may designate a successor nominee for Lieutenant Governor.

(2) By the fifth day following the day of the death, declination, or disqualification of the nominee for Lieutenant Governor:

(i) the nominee for Governor shall designate the successor nominee for Lieutenant Governor and notify the State central committee of the applicable political party of the selection;

(ii) the State central committee of the political party of the nominee shall file a certificate of designation with the State Board; and

(iii) the successor nominee for Lieutenant Governor shall file a certificate of candidacy with the State Board.

(c) (1) If a nominee for Governor dies, declines the nomination, or becomes disqualified after the primary election, the remaining nominee for Lieutenant Governor is disqualified, except as otherwise provided in this section.

(2) (i) The State central committee of the political party of the nominee for Lieutenant Governor disqualified under paragraph (1) of this subsection shall select a successor nominee for Governor.

(ii) The disqualified nominee for Lieutenant Governor is eligible to be chosen as the nominee for Governor.

(3) (i) The successor nominee for Governor promptly shall select a successor nominee for Lieutenant Governor and notify the State central committee of the applicable political party of the selection.

(ii) The disqualified nominee for Lieutenant Governor is eligible to be selected again as the nominee for Lieutenant Governor.

(4) Except as provided under paragraph (5) of this subsection, by the fifth day following the death, declination, or disqualification of the former nominee for Governor:

(i) the State central committee shall file a certificate of designation for the successor nominee for Governor and the successor nominee for Lieutenant Governor with the State Board; and

(ii) each of the successor nominees shall file a certificate of candidacy with the State Board.

(5) A State central committee may not file a certificate of designation for a successor nominee for Governor under this subsection within 65 days of the day of the general election.

(6) A Governor and Lieutenant Governor unit shall remain on the ballot for the general election if:

(i) a nominee for Governor dies, declines the nomination, or is disqualified less than 65 days before the general election; and

(ii) a certificate of designation and certificates of candidacy for successor nominees for Governor and Lieutenant Governor are not filed in accordance with this section.

(7) If a Governor and Lieutenant Governor unit comprised of a nominee for Governor who has died, declined the nomination, or become disqualified remains on the ballot as provided under paragraph (6) of this subsection, during the campaign period following the death, declination, or disqualification of the gubernatorial nominee until the general election, the Lieutenant Governor nominee officially becomes the gubernatorial nominee and may assert that status in the campaign.

(8) If a Governor and Lieutenant Governor unit comprised of a nominee for Governor who has died, declined the nomination, or become disqualified remains on the ballot as provided under paragraph (6) of this subsection and is elected, the vacancy resulting from the death, declination, or disqualification shall be filled as if it had occurred after the general election in accordance with applicable law.
Md. Code, State Finance and Procurement § 5-804 — MD Code / Article gsf / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

The Plan shall be used as a policy guide by local jurisdictions and units of the State government in carrying out their action and regulatory programs in the Patuxent River Watershed.
Md. Code, Criminal Law § 5-504 — MD Code / Article gcr / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

(a) Except when dispensed directly to an ultimate user by an authorized provider who is not a pharmacist, a controlled dangerous substance listed in Schedule III or Schedule IV that is a drug to which § 21–220 of the Health – General Article applies may not be dispensed without a written prescription, an electronic prescription, or an oral prescription.

(b) Unless renewed by the authorized provider, the prescription may not be:

(1) filled or refilled more than 6 months after the date of prescription; or

(2) refilled more than five times.
Md. Code, Family Law § 5-1202 — MD Code / Article gfl / Title 5 / Subtitle 12 / Section 5-1202
§5–1202.
Status: in_force

(a) On or before December 1, 2000, the Secretary of Human Services and the Secretary of Health shall, after consultation with a broad range of child welfare professionals, substance abuse experts, judges, attorneys, managed care organizations, health care providers, local departments, local health departments, and child advocates, develop a statewide protocol for integrating child welfare and substance abuse treatment services that includes at a minimum the following:

(1) requiring cross–training for all child welfare and substance abuse treatment personnel;

(2) developing an approved curriculum for the cross–training and criteria for qualified trainers using best practices from other states;

(3) a plan for providing financial incentives for both child welfare personnel and addictions personnel who achieve specified levels of expertise;

(4) placing qualified addictions specialists, including an addictions specialist under § 5–314 of the Human Services Article, in all child welfare offices, based on a caseload formula developed by the Department;

(5) in all cases accepted for child abuse and neglect investigation or out–of–home placement, ensuring that parents are screened for substance abuse and, where there is any reasonable suspicion of substance abuse, ensuring that qualified addictions specialists have the:

(i) information needed regarding the circumstances of the family and any evidence that substance abuse exists; and

(ii) opportunity to consult with the parents and children;

(6) specifying the circumstances under which a local department shall include in its petition for a child in need of assistance a request that a juvenile court order comprehensive drug and alcohol assessment and testing;

(7) establishing a procedure for notifying the local department of the results of substance abuse assessment and testing;

(8) establishing a procedure for notifying an at–risk parent of the availability of substance abuse treatment; and

(9) developing procedures for routine consultation and reevaluation of progress in substance abuse treatment at every step as a child welfare case proceeds.

(b) No later than December 1, 2000, the Secretary of Human Services and the Secretary of Health shall submit a report to the Governor and, subject to § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee, the Senate Economic and Environmental Affairs Committee, the House Appropriations Committee, and the House Environmental Matters Committee that:

(1) sets forth the statewide protocol developed under this section; and

(2) identifies the amount and sources of funds that are being used to implement the statewide protocol developed under this section and the other requirements of this subtitle.

(c) The statewide protocol developed under this section shall be implemented in each county of the State.
Md. Code, Human Services § 5-407 — MD Code / Article ghu / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: reserved

(a) (1) Assistance granted under this part may not be transferred or assigned.

(2) Assistance paid or payable under this part is not subject to:

(i) execution;

(ii) levy;

(iii) attachment;

(iv) garnishment;

(v) other legal process; or

(vi) the operation of any bankruptcy or insolvency law.

(b) (1) The local department shall reconsider all assistance granted under this part as frequently as the regulations of the Administration require.

(2) The amount of assistance may be changed or assistance may be canceled if, after any further investigation the local department considers necessary or the Administration requires, the local department or the Administration finds that the recipient’s circumstances have altered sufficiently to warrant the change or cancellation.

(c) (1) A recipient shall notify the local department immediately if, while receiving assistance, the recipient receives property or income in excess of the amount stated in the application for assistance.

(2) After an investigation, depending on the circumstances, the local department may:

(i) cancel the assistance; or

(ii) change the amount of assistance.

(3) Assistance paid before the recipient received the property or income that exceeds the recipient’s need may be recovered by the local department as a debt due.

(4) The net amount recovered shall be divided between the State and county in proportion to the amount of assistance paid by each.

(d) (1) When a recipient dies:

(i) the total amount of assistance paid under this part shall be allowed as a claim against the estate; and

(ii) the net amount recovered shall be divided between the State and county in proportion to the amount of assistance paid by each.

(2) The claim may not be enforced against real estate occupied by the recipient’s surviving spouse or dependents.
Md. Code, State Finance and Procurement § 5-406 — MD Code / Article gsf / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

In the exercise of its planning functions, the Department shall cooperate with any unit of the State or federal government in planning for civil defense.
Md. Code, Labor and Employment § 5-402 — MD Code / Article gle / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

Sections 5-404 through 5-409 of this subtitle do not apply to:

(1) a railroad that is subject to the Federal Railroad Safety Act of 1970 and the jurisdiction of the Federal Railroad Administration;

(2) a landfill in the State;

(3) a person who:

(i) is engaged in the business of providing commercial or residential garbage and refuse pickup and disposal service while actually engaging in the pickup and disposal of garbage and refuse; and

(ii) does not pick up, transport, treat, store, or dispose of controlled hazardous substances that are regulated under Title 7, Subtitle 2 of the Environment Article; or

(4) an analytical, educational, or research and development laboratory.
Md. Code, Natural Resources § 5-1202.2 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1202.2
§5–1202.
Status: in_force

§5–1202.2.

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

(1) “Grantee in interest” means the Maryland Environmental Trust.

(2) “Spoil”, “Baltimore County tributary spoil”, “redeposit”, and “Baltimore Harbor” have the meanings indicated in § 5–1101(a) of the Environment Article.

(b) Within 15 days after July 1, 1981, the State shall grant an easement to the Hart–Miller–Pleasure Island chain to the grantee in interest. The easement shall be for purposes consistent with the covenants required by this subsection and enforcement of these purposes.

(1) The grantee in interest shall covenant to allow the redeposit of spoil and the redeposit of Baltimore County tributary spoil to take place at the Hart–Miller–Pleasure Island chain, subject to the limitations provided in §§ 5–1101 through 5–1104 of the Environment Article;

(2) Where not inconsistent with the covenant described in paragraph (1) of this subsection, the grantee in interest shall covenant to preserve and maintain the Hart–Miller–Pleasure Island chain as an open area by prohibiting development except that which is necessary for proper recreational use and the construction of any dikes necessary for the dumping of spoil;

(3) The grantee in interest shall covenant that if the Hart–Miller–Pleasure Island chain is ever used for purposes inconsistent with the preservation and maintenance of the island chain as an open area, or with any of the covenants described in this subsection, the easement shall cease;

(4) The grantee in interest shall covenant to allow the State to establish and maintain park and recreational facilities on the Hart–Miller–Pleasure Island chain and to assist the State in making these facilities available to the public for recreational and educational purposes;

(5) The grantee in interest shall covenant to allow the Hart–Miller–Pleasure Island Citizens Oversight Committee established under § 5–1104 of the Environment Article to:

(i) Monitor the redeposit of spoil and Baltimore County tributary spoil at the Hart–Miller–Pleasure Island chain in accordance with § 5–1104(c) of the Environment Article; and

(ii) Hear and dispose of complaints lodged by individuals affected by the redeposit of spoil and Baltimore County tributary spoil.

(6) The grantee in interest shall covenant that if, during the life of its easement to the Hart–Miller–Pleasure Island chain, the grantee in interest ceases to exist, the easement shall cease.
Md. Code, Public Safety § 5-706 — MD Code / Article gps / Title 5 / Subtitle 7 / Section 5-706
§5–706.
Status: in_force

Nothing in this subtitle may be construed in a manner that abridges or otherwise limits a person’s right against self–incrimination under the United States Constitution or the Maryland Declaration of Rights.
Md. Code, Labor and Employment § 5-305 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

(a) The Commissioner may not vote.

(b) The Board shall determine the times and places of its meetings.

(c) Each appointed member of the Board is entitled to:

(1) compensation in accordance with the State budget; and

(2) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Business Occupations and Professions § 5-310 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

(a) Subject to subsections (b), (c), (d), (e), and (f) of this section and while a license to practice cosmetology is in effect, it authorizes the licensee to practice cosmetology.

(b) While a limited license to provide esthetic services is in effect, it authorizes the licensee to provide only esthetic services.

(c) While a limited license to provide eyelash extension services is in effect, it authorizes the licensee to provide only eyelash extension services.

(d) While a limited license to provide hair services is in effect, the license authorizes the licensee to provide only hair services.

(e) While a limited license to provide hair services – blow drying is in effect, the license authorizes the licensee to provide only hair services – blow drying.

(f) While a limited license to provide nail technician services is in effect, it authorizes the licensee to provide only nail technician services.
Md. Code, Housing and Community Development § 5-104 — MD Code / Article ghs / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

(a) The Office shall:

(1) develop resources to aid tenants in understanding and exercising the legal rights of tenants, including:

(i) a Maryland Tenants’ Bill of Rights, summarizing the existing rights and remedies available to residential tenants under State and federal law; and

(ii) a publicly accessible website to provide access to the Maryland Tenants’ Bill of Rights and other relevant informational resources;

(2) establish points of contact within the Office by which a tenant may report a violation by a landlord or a person acting on behalf of a landlord for referral to appropriate enforcement agencies;

(3) provide resources to facilitate access by tenants to credit counseling;

(4) refer covered individuals, as defined in § 8–901 of the Real Property Article, to the Access to Counsel in Evictions Program that is administered by the Maryland Legal Services Corporation;

(5) collaborate with county and local governments that provide tenant advocacy and assistance;

(6) receive notices and other documents related to a tenant’s exclusive negotiation period and right of first refusal under § 8–119 of the Real Property Article; and

(7) adopt regulations governing the content and delivery of notices for a tenant’s exclusive negotiation period and right of first refusal under § 8–119 of the Real Property Article.

(b) The Office may:

(1) implement fair housing testing to ensure compliance by landlords with fair housing laws; and

(2) identify landlords that are out of compliance with federal, State, or local law and facilitate referrals of cases to an appropriate law enforcement agency or another appropriate agency.

(c) (1) On or before June 1 each year, the Office shall publish the Maryland Tenants’ Bill of Rights on its website.

(2) The Maryland Tenants’ Bill of Rights shall include contact information for the Office.
Md. Code, Education § 5-503 — MD Code / Article ged / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

The Department shall review applications for qualification as a State-aided educational institution and shall submit a list of the qualified institutions to the State Superintendent of Schools in June.
Md. Code, State Government § 5-101.1 — MD Code / Article gsg / Title 5 / Subtitle 1 / Section 5-101.1
§5–101.
Status: in_force

§5–101.1.

In addition to the oath specified in Article I, § 9 of the Maryland Constitution, the Treasurer shall take an oath to discharge the duties of the Office of Treasurer faithfully, diligently, and honestly.
Md. Code, Human Services § 5-203 — MD Code / Article ghu / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

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

(b) With the approval of the Governor, the Secretary shall appoint the Executive Director.

(c) The Executive Director serves at the pleasure of the Secretary.

(d) The Executive Director is entitled to the compensation provided in the State budget.
Md. Code, Economic Development § 5-418 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-418
§5–418.
Status: in_force

A member of the Authority, a person executing a bond or agreement of the Authority under this subtitle, or an employee of the Authority, the Department, or the State is not:

(1) personally liable on a bond or agreement of the Authority; or

(2) subject to personal liability or accountability arising from the issuance, execution, or delivery of a bond or agreement of the Authority.
Md. Code, Economic Development § 5-2502 — MD Code / Article gec / Title 5 / Subtitle 25 / Section 5-2502
§5–2502.
Status: in_force

§5–2502. IN EFFECT

// EFFECTIVE UNTIL SEPTEMBER 30, 2026 PER CHAPTER 409 OF 2024 //

(a) There is a Maryland–Ireland Trade Commission in the Department.

(b) The purpose of the Commission is to study and promote trade between Maryland and Ireland.
Md. Code, Health Occupations § 5-405 — MD Code / Article gho / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

(a) An action may be maintained in the name of the State or the Board to enjoin:

(1) The unauthorized practice of dietetics; or

(2) Conduct that is a ground for disciplinary action under § 5–311 of this title.

(b) An action under this section may be brought by:

(1) The Board, in its own name;

(2) The Attorney General, in the name of the State; or

(3) A State’s Attorney, in the name of the State.

(c) An action under this section shall be brought in the county where the defendant:

(1) Resides; or

(2) Engages in the act sought to be enjoined.

(d) Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.

(e) An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of dietetics under § 5–401 of this subtitle or disciplinary action under § 5–311 of this title.