Md. Code, Natural Resources § 5-215 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-215
§5–215.
Status: reserved

(a) In this section, “Fund” means the Deep Creek Lake Recreation Maintenance and Management Fund.

(b) There is a Deep Creek Lake Recreation Maintenance and Management Fund in the Department for the maintenance and management of the land, recreational facilities, and services that are related to Deep Creek Lake in Garrett County.

(c) (1) Except as provided in paragraphs (2) and (4) of this subsection, the Department shall pay all fees collected for boat launching at Deep Creek Lake State Park, all funds collected from lake and buffer use permits, contracts, grants, and gifts as a result of the Deep Creek Lake management program, and any investment earnings of the Fund, into the Fund.

(2) At the end of each quarter of the fiscal year, the Department shall pay 25% of the total revenue collected during the quarter under paragraph (1) of this subsection to the Board of County Commissioners of Garrett County.

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

(ii) Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.

(4) Money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.

(d) Unless there is an agreement between the Secretary and the Deep Creek Lake Policy and Review Board as to a proposed change, the fee for issuance and processing of any permit covered under subsection (c) of this section may not be changed.

(e) (1) Before the Department and the Deep Creek Lake Policy and Review Board may change any fee for the issuance and processing of any permit covered under subsection (c) of this section, the Secretary shall hold a public hearing in Garrett County.

(2) Notice of the public hearing shall be published in two newspapers of general circulation in Garrett County at least 30 days before the hearing.

(3) The notice shall include the proposed change in the fee and the reason for the fee.

(f) (1) A person may apply to the Department for a lake and buffer use permit.

(2) A person who is aggrieved by a decision of the Department to issue or deny a lake and buffer use permit may seek judicial review of the decision in accordance with Title 10, Subtitle 2 of the State Government Article.
Md. Code, Family Law § 5-601 — MD Code / Article gfl / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

The Interstate Compact on the Placement of Children is hereby entered into by this State with all states legally joining in the compact in the form substantially as follows:

(1) Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of § 5–606 of this subtitle. However, in the event of partial or complete default of performance thereunder, the provisions of state laws fixing responsibility for the support of children also may be invoked.

(2) The “appropriate public authorities” as used in § 5–604 of the Interstate Compact on the Placement of Children shall, with reference to this State, mean the Department of Human Services. This Department shall receive and act with reference to notices required by § 5–604 of this subtitle.

(3) As used in § 5–606(a) of the Interstate Compact on the Placement of Children, the phrase “appropriate authority in the receiving state” with reference to this State shall mean the Department of Human Services.

(4) The officers and agencies of this State and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to § 5–606(b) of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this State or subdivision or agency thereof shall not be binding unless it has the approval in writing of the Department of Human Services.

(5) Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this State or a subdivision thereof as contemplated by § 5–606(b) of the Interstate Compact on the Placement of Children.

(6) Any provisions of law restricting out–of–state placement shall not apply to placements made pursuant to the Interstate Compact on the Placement of Children.

(7) Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to § 5–607 of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in § 5–606 of this subtitle.

(8) As used in § 5–608 of the Interstate Compact on the Placement of Children, the term “executive head” means the Governor. The Governor is hereby authorized to appoint a compact administrator in accordance with the terms of § 5–608 of this subtitle.

(9) The definitions in § 1–101 of this article do not apply to the Interstate Compact on the Placement of Children set forth in this subtitle.
Md. Code, Corporations and Associations § 5-6B-01 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-01
§5–6B–01.
Status: reserved

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

(b) “Articles of incorporation” means the charter by which a cooperative housing corporation becomes incorporated under this article.

(c) “Assessment” means any share of common costs or other expense charged to a member by a cooperative housing corporation.

(d) “Blanket encumbrance” means any contract binding on a cooperative housing corporation and creating a lien or security interest or other encumbrance or imposing restrictions on any real or personal property owned by the cooperative housing corporation.

(e) “Bylaws” means the document which details and governs the internal organization and operation of the cooperative housing corporation.

(f) “Conversion” means the creation of a cooperative housing corporation from a property which was immediately previously a residential rental facility.

(g) “Cooperative housing corporation” means a domestic or foreign corporation qualified in this State, either stock or nonstock, having only one class of stock or membership, in which each stockholder or member, by virtue of such ownership or membership, has a cooperative interest in the corporation.

(h) “Cooperative interest” means the ownership interest in a cooperative housing corporation which is coupled with a possessory interest in real or personal property or both and evidenced by a membership certificate.

(i) “Cooperative project” means all the real and personal property in this State owned or leased by the cooperative housing corporation for the primary purpose of residential use.

(j) (1) “Developer” means a person who:

(i) Owns an equitable interest, including a cooperative interest, in a unit prior to its initial sale to a member of the public;

(ii) Exercises control over cooperative interests before they are transferred to initial purchasers, excluding management agents and sales agents acting in their capacities as such; or

(iii) Receives a material portion of the sales proceeds, not including customary brokerage commissions or payment for indebtedness to an institutional banker, from the initial sale of a cooperative interest to a member of the public.

(2) “Developer” does not include a cooperative housing corporation.

(k) “Electronic transmission” means any form of communication, not directly involving the physical transmission of paper, that creates a record that:

(1) May be retained, retrieved, and reviewed by a recipient of the communication; and

(2) May be reproduced directly in paper form by a recipient through an automated process.

(l) “Governing body” means the board of directors or other entity established to govern the cooperative housing corporation.

(m) “Initial purchaser” means a member of the public, not an affiliate of or a successor to the developer, who, for value, acquires a cooperative interest as part of the initial sale of a cooperative interest which is used for residential purposes.

(n) “Initial sale” means the first transfer of a cooperative interest to an initial purchaser.

(o) “Member” means a person who owns a cooperative interest.

(p) “Membership certificate” means:

(1) A document, including a stock certificate issued by a cooperative housing corporation, evidencing ownership of a cooperative interest; or

(2) If there is no other document which satisfies item (1) of this subsection, a proprietary lease.

(q) “Moving expenses” means costs incurred to:

(1) Hire contractors, labor, trucks, or equipment for the transportation of personal property;

(2) Pack and unpack personal property;

(3) Disconnect and install personal property;

(4) Insure personal property to be moved; and

(5) Disconnect and reconnect utilities such as telephone service, gas, water, and electricity.

(r) “No–impact home–based business” means a business that:

(1) Is consistent with the residential character of the dwelling unit;

(2) Is subordinate to the use of the dwelling unit for residential purposes and requires no external modifications that detract from the residential appearance of the dwelling unit;

(3) Uses no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference detectable by neighbors; and

(4) Does not involve use, storage, or disposal of any grouping or classification of materials that the United States Secretary of Transportation or the State or any local governing body designates as a hazardous material.

(s) (1) “Proprietary lease” means an agreement with the cooperative housing corporation under which a member has an exclusive possessory interest in a unit and a possessory interest in common with other members in that portion of a cooperative project not constituting units and which creates a legal relationship of landlord and tenant between the cooperative housing corporation and the member, respectively.

(2) “Proprietary lease” includes, if there is no other document that satisfies paragraph (1) of this subsection, a membership certificate.

(t) “Residential rental facility” means property containing at least 10 dwelling units leased for residential purposes.

(u) “Unit” means a portion of the cooperative project leased for exclusive occupancy by a member under a proprietary lease.
Md. Code, Economic Development § 5-447 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-447
§5–447.
Status: in_force

A project involving a commercial building, an industrial building, or an industrial process qualifies as an energy conservation project if it consists of:

(1) the purchase, installation, or modification of an installation that is designed primarily to reduce the consumption of energy, including:

(i) caulking or weather stripping;

(ii) insulating the building structure or a system in the building;

(iii) a storm window or door, a multiglazed window or door, a heat-absorbing or heat-reflecting window or door system, glazing, a reduction in glass area, or another window or door system modification;

(iv) an automatic energy control system;

(v) equipment that is associated with an automatic energy control system and that is required to operate a variable steam, hydraulic, or ventilation system;

(vi) the replacement or modification of a lighting system to increase energy efficiency;

(vii) an energy recovery system;

(viii) a cogeneration system;

(ix) a system for processing or converting the waste products of the industrial process to steam, electricity, heat, or other useful form of energy;

(x) an improvement to the industrial process that reduces the energy requirements for each unit of output;

(xi) a modification of a furnace or utility plant and distribution system including:

1. a replacement burner, furnace, or boiler or any combination of them that increases the energy efficiency of the heating system;

2. a device for modifying a flue opening that increases the energy efficiency of the heating system; and

3. an electrical or mechanical furnace ignition system that replaces a standing gas pilot light; or

(xii) any other energy conservation improvement that the Authority determines by regulation to be appropriate and consistent with this subtitle; or

(2) a planning or technical service or an energy audit, if the service or audit is related to or undertaken with the installation, or the modification of an installation of an item specified in item (1) of this section.
Md. Code, Agriculture § 5-105 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

(a) Except as provided in subsection (g) of this section, a distributor shall register with the Secretary each brand or product name of a pesticide before distributing it in the State. The registration for each pesticide expires December 31 each year.

(b) Each applicant shall file with the Secretary a statement listing:

(1) The name and address of each applicant and the name and address of the person whose name will appear on the label, if other than the registrant;

(2) The name of the pesticide;

(3) A complete copy of the labeling accompanying the pesticide and a statement of every claim to be made for it, including directions for use; and

(4) A full description of every test conducted and the results upon which any claim is based, if requested by the Secretary.

(c) A separate application shall be filed for each person whose name appears on the label. Upon renewal, a person shall file a statement listing any required new information that does not appear on the statement filed when the pesticide was registered or was last reregistered.

(d) (1) The applicant shall pay an annual fee of $110 to the Secretary for each product registered.

(2) Unless the Secretary determines otherwise, each applicant also shall pay a terminal registration fee of $110 for each discontinued pesticide each year for two years.

(e) In addition to the annual fee, any person filing a renewal application after January 31 for any product offered for sale shall pay a ten percent per month late registration fee for each pesticide, but not exceeding twice the annual registration fee per pesticide. Late fees apply retroactively to the January 1 filing date. Late fees are not applicable to new products which are registered before being distributed, sold, or offered for sale.

(f) The Secretary may require the submission of toxicological, environmental, or health effects data that the Secretary considers appropriate, or the complete formula of any pesticide whenever he deems this action necessary to effectuate the purposes of this subtitle. The Secretary shall register the pesticide if he determines that the pesticide, its labeling, and other material required to be submitted comply with the requirements of this subtitle.

(g) Provided the product label has not been altered or changed, a distributor shall not be required to register the brand or trade name of a pesticide which has been registered by another person under this subtitle.

(h) Before a pesticide may be registered by the Secretary, the pesticide shall comply with the provisions of federal pesticide laws and regulations.
Md. Code, State Finance and Procurement § 5-205 — MD Code / Article gsf / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) For each fiscal year, the Governor may include in the annual budget bill an appropriation of $1,000,000 to the Department to provide a grant to the Maryland Humanities Council to be used for the Marilyn Hatza Memorial Strengthening the Humanities Investment in Nonprofits for Equity (SHINE) Grantmaking Initiative.

(b) The funds provided under subsection (a) of this section shall be used by the Maryland Humanities Council to provide general operating grants to small and mid–size humanities, arts, cultural, and educational nonprofit organizations.

(c) During the grant selection and award process, the Maryland Humanities Council shall:

(1) consider the geographic and racial diversity of potential recipients; and

(2) award grants on a one–time or multiyear basis.

(d) On or before December 31 each year, the Maryland Humanities Council shall submit an annual report to the Department that includes the following information for the calendar year:

(1) the names of the grant recipients;

(2) the number of grant recipients by jurisdiction;

(3) the amounts of each grant awarded; and

(4) information from each grant recipient regarding the purposes for which the funds were expended, including how the recipient used the funds to:

(i) create or preserve jobs;

(ii) support or maintain general operations; and

(iii) create or sustain humanities programs.
Md. Code, Family Law § 5-512 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-512
§5–512.
Status: in_force

If the other state extends the same recognition and reciprocal relations to licensees under this subtitle, the Administration may recognize and deal with a person licensed or recognized by any other state as being authorized to exercise care, custody, or control of minor children or to engage in the placement of minor children.
Md. Code, State Finance and Procurement § 5A-322 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-322
§5A–322.
Status: in_force

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

(b) “Council” means the Maryland Advisory Council on Historic Preservation.

(c) “Historic Register” means the Maryland Register of Historic Properties.

(d) “Preparation costs” means the costs of studies, surveys, plans and specifications, or architectural, engineering, and other special services.
Md. Code, Natural Resources § 5-2102 — MD Code / Article gnr / Title 5 / Subtitle 21 / Section 5-2102
§5–2102.
Status: in_force

(a) The Department may lease land owned or managed by the Department to a person implementing practices that support healthy soils and regenerative practices and traditions.

(b) (1) The lease term may be for a minimum of 10 years.

(2) The lease shall require the lessee to comply with all applicable State and federal laws and regulations.

(c) The Department shall consult with the Department of Agriculture on the development of a template for leases entered into under this section.
Md. Code, Labor and Employment § 5-204 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) (1) The proposed budget of the Division of Labor and Industry shall include an appropriation from the Workers’ Compensation Commission to cover the cost of administering this title.

(2) The Workers’ Compensation Commission shall pay the cost of administering this title from money that the Commission receives under § 9-316 of this article.

(b) The Commissioner shall have the power and authority to receive and accept any grant of money from the federal government or any of its agents or units that Congress appropriates under the Occupational Safety and Health Act of 1970.
Md. Code, Courts and Judicial Proceedings § 5-1005 — MD Code / Article gcj / Title 5 / Subtitle 10 / Section 5-1005
§5–1005.
Status: in_force

(a) A court may include in its final order or judgment in any civil action a finding that the action was frivolous.

(b) A finding under subsection (a) of this section shall be reflected in the docket entries of the case.

(c) (1) A prisoner who has filed three or more civil actions that have been declared to be frivolous by a court of this State or a federal court for a case originating in this State may not file any further civil actions without leave of court.

(2) If a prisoner has filed three or more civil actions that have been declared to be frivolous by a court of this State or a federal court for a case originating in this State, a court may place the prisoner’s remaining and future civil actions on an inactive case list and permit the prisoner to pursue only one civil action at a time, regardless of jurisdiction.
Md. Code, Family Law § 5-410.1 — MD Code / Article gfl / Title 5 / Subtitle 4 / Section 5-410.1
§5–410.
Status: in_force

§5–410.1.

(a) If the Department makes the determinations under subsection (b) of this section, an adoptive parent involved in an independent or intercountry adoption of a child is entitled to reimbursement by the State for certain nonrecurring adoption expenses associated with the adoption.

(b) An adoptive parent is eligible for reimbursement of nonrecurring adoption expenses, if the Department determines that:

(1) the child should not be returned to its biological parents;

(2) the child cannot be placed with adoptive parents without providing assistance because of certain factors or conditions regarding the child, including ethnic background, age, the presence and number of siblings, or physical, mental, or emotional handicaps; and

(3) except where it would be against the best interests of the child, previous adoption attempts have been made without assistance and were unsuccessful.

(c) Application for nonrecurring adoption expenses shall be filed with the Department:

(1) prior to the order; and

(2) on a form provided by the Department.

(d) (1) Upon approval of the application, there shall be a written agreement between the Department and the prospective adoptive parents regarding the reimbursement of nonrecurring adoption expenses.

(2) Except as provided in paragraph (3) of this subsection, the agreement shall be signed by the adoptive parents and an agent of the Department prior to the adoption order.

(3) The agreement is not required to be signed by the adoptive parents and an agent of the Department prior to the adoption order if the order:

(i) was entered between January 1, 1987 and July 1, 1990; or

(ii) was entered before January 1, 1987, but nonrecurring adoption expenses were paid after January 1, 1987.

(4) Adoptive parents filing for reimbursement of nonrecurring adoption expenses in cases described under paragraph (3) of this subsection shall:

(i) enter into a written agreement with the Department; and

(ii) file all claims no later than December 14, 1990.

(e) Reimbursement for nonrecurring adoption expenses is limited to a maximum of $2,000 for reasonable and necessary actual costs that are not reimbursable from another source, including:

(1) adoption fees;

(2) court costs and reasonable attorney’s fees;

(3) health examinations;

(4) transportation costs; and

(5) food and lodging costs incurred during preplacement visits.

(f) Except in cases described under subsection (d)(3) of this section, adoptive parents shall file all claims for nonrecurring adoption expenses within 2 years after the order.
Md. Code, Commercial Law § 5-104 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a record and is authenticated (i) by a signature or (ii) in accordance with the agreement of the parties or the standard practice referred to in § 5-108(e) of this title.
Md. Code, Criminal Procedure § 5-102 — MD Code / Article gcp / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

A defendant charged with a crime punishable by life imprisonment may be released on bail or other conditions of release before conviction.
Md. Code, Public Safety § 5-309 — MD Code / Article gps / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

(a) Except as provided in subsection (d) of this section, a permit expires on the last day of the holder’s birth month following 2 years after the date the permit is issued.

(b) Subject to subsection (c) of this section, a permit may be renewed for successive periods of 3 years each if, at the time of an application for renewal, the applicant possesses the qualifications for the issuance of a permit and pays the renewal fee stated in this subtitle.

(c) A person who applies for a renewal of a permit is not required to be fingerprinted unless the Secretary requires a set of the person’s fingerprints to resolve a question of the person’s identity.

(d) The Secretary may establish an alternative expiration date for a permit to coincide with the expiration of a license, certification, or commission for:

(1) a private detective under Title 13 of the Business Occupations and Professions Article;

(2) a security guard under Title 19 of the Business Occupations and Professions Article; or

(3) a special police officer under § 3–306 of this article.
Md. Code, Public Safety § 5-134 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-134
§5–134.
Status: in_force

(a) This section supersedes any restriction that a local jurisdiction in the State imposes on the transfer by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the transfer of a regulated firearm.

(b) A dealer or other person may not sell, rent, loan, or transfer a regulated firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows or has reasonable cause to believe:

(1) is under the age of 21 years, unless the regulated firearm is loaned to a borrower who may possess the regulated firearm under § 5–133(d) of this subtitle;

(2) has been convicted of a disqualifying crime;

(3) has been convicted of a conspiracy to commit a felony;

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

(5) is a fugitive from justice;

(6) is a habitual drunkard;

(7) is addicted to a controlled dangerous substance or is a habitual user;

(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article, and has a history of violent behavior against the purchaser, lessee, borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee possesses a physician’s certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee or to another;

(9) has been confined for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, or transferee possesses a physician’s certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee or to another;

(10) is a respondent against whom a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article;

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

(12) is visibly under the influence of alcohol or drugs;

(13) is a participant in a straw purchase;

(14) subject to subsection (c) of this section for a transaction under this subsection that is made on or after January 1, 2002, has not completed a certified firearms safety training course conducted free of charge by the Maryland Police Training and Standards Commission or that meets standards established by the Maryland Police Training and Standards Commission under § 3–207 of this article; or

(15) intends to use the regulated firearm to:

(i) commit a crime; or

(ii) cause harm to the purchaser, lessee, transferee, or recipient or another person.

(c) A person is not required to complete a certified firearms safety training course under subsection (b)(14) of this section if the person:

(1) has already completed a certified firearms safety training course required under subsection (b)(14) of this section;

(2) is a law enforcement officer of the State or any local law enforcement agency in the State;

(3) is a member, retired member, or honorably discharged member of the armed forces or the National Guard;

(4) is a member of an organization that is required by federal law governing its specific business or activity to maintain handguns and applicable ammunition;

(5) has been issued a permit to carry a handgun under Subtitle 3 of this title; or

(6) is the borrower of a firearm.

(d) (1) A person may not sell, rent, or transfer:

(i) ammunition solely designed for a regulated firearm to a person who is under the age of 21 years; or

(ii) 1. a firearm other than a regulated firearm to a minor;

2. ammunition for a firearm to a minor;

3. pepper mace, which is an aerosol propelled combination of highly disabling irritant based products and is also known as oleo–resin capsicum (O.C.) spray, to a minor; or

4. another deadly weapon to a minor.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
Md. Code, Financial Institutions § 5-406 — MD Code / Article gfi / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

The Commissioner has the same authority to examine the business of a bank service corporation that the Commissioner has as to a banking institution.
Md. Code, Family Law § 5-4C-04 — MD Code / Article gfl / Title 5 / Subtitle 4C / Section 5-4C-04
§5–4C–04.
Status: in_force

(a) Except as otherwise provided in this subtitle, or pursuant to a court order, the Administration may not disclose information contained in the Registry.

(b) The Administration shall retain affidavits and other information collected concerning a registrant until the date specified by the registrant, or for 99 years after the date of registration, whichever occurs first.
Md. Code, Financial Institutions § 5-707 — MD Code / Article gfi / Title 5 / Subtitle 7 / Section 5-707
§5–707.
Status: in_force

(a) In this section, “emergency” has the meaning stated in § 14-307 of the Public Safety Article.

(b) (1) If the Governor proclaims that an emergency exists in a political subdivision and designates days for the general cessation of business in the subdivision, each banking office that is located within the subdivision shall be closed on those days.

(2) If the Governor proclaims that an emergency exists in a political subdivision, the Governor may designate days on which each banking office that is located within the subdivision may be closed.

(3) If the Governor proclaims that an emergency exists as to a particular banking office, that office may be closed on those days that the Governor designates.

(4) When the Governor authorizes, but does not require, the banking institution to be closed, the chairman of its board of directors or its president shall decide whether to close or remain open.

(c) (1) If an emergency exists and affects a banking institution and if it is not practical to obtain a proclamation from the Governor before closing the affected institution, the chairman of its board of directors or its president:

(i) May close the banking institution; and

(ii) As soon as possible, but within 24 hours after the closing, shall notify the Governor of the reasons for the closing.

(2) A banking institution may be closed under this subsection until the earlier of:

(i) Issuance by the Governor of a proclamation that relates to the emergency closing;

(ii) Notice to the banking institution that the Governor will not issue a proclamation;

(iii) Reopening of the banking institution by the chairman of its board of directors or by its president; or

(iv) 5 p.m. on the third day after the closing, except for Saturdays, Sundays, and legal holidays.
Md. Code, Family Law § 5-205 — MD Code / Article gfl / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

One parent, to the exclusion of the other parent, is entitled to the services and earnings of a minor child if:

(1) that parent has been awarded custody of the child; or

(2) the other parent has abandoned the child or is dead.
Md. Code, Economic Development § 5-512 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-512
§5–512.
Status: in_force

(a) The Authority exercises its powers and performs its duties subject to the authority of the Secretary.

(b) The Authority may:

(1) adopt bylaws for the conduct of its business;

(2) adopt a seal;

(3) maintain offices in the State;

(4) sue and be sued in its own name;

(5) retain consultants;

(6) use the services of governmental units;

(7) contract for and accept, to carry out this subtitle, a loan or grant from the federal government, a political subdivision of the State, or any other source;

(8) purchase, receive, lease as lessee, or otherwise acquire, sell, mortgage, lease as lessor, pledge, administer, dispose of, or otherwise deal with property given as collateral under a loan agreement on the terms and conditions it considers advisable;

(9) adopt regulations necessary to carry out its powers;

(10) acquire or take assignments of loan documents; and

(11) do anything necessary or convenient to carry out its powers.

(c) The Authority shall:

(1) in its internal functions, follow the procedures of the State that govern the purchase of office space, supplies, facilities, materials, equipment, and professional services;

(2) keep proper records of its accounts;

(3) keep separate records for:

(i) the Small Business Development Contract Financing Fund under Part III of this subtitle;

(ii) the Small Business Development Guaranty Fund under Part IV of this subtitle;

(iii) the Equity Participation Investment Program Fund under Part V of this subtitle; and

(iv) the Small Business Surety Bond Fund under Part VI of this subtitle; and

(4) in accordance with § 2.5–109 of this article, submit a report on its condition and operations.
Md. Code, Estates and Trusts § 5-103 — MD Code / Article get / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: reserved

(a) The venue for administrative or judicial probate is in the county in which the decedent was domiciled at the time of death, or, if the decedent was not domiciled in Maryland, the county in which the petitioner believes the largest part in value of the property of the decedent in Maryland was located at the time of death.

(b) (1) For the purpose of determining venue for the administration of the estate of a decedent who was not domiciled in Maryland at the time of death, the situs of tangible personal property is its location.

(2) (i) The situs of intangible personal property is the location of the instrument evidencing a debt, obligation, stock, or chose in action.

(ii) If there is no instrument, the residence of the debtor governs.

(3) The situs of an interest in property held in trust is any county where the trustee may be sued.

(c) (1) Probate proceedings concerning a decedent may not be maintained in more than one county.

(2) If a proceeding is commenced in more than one county, the court of the county where proceedings are filed first has exclusive jurisdiction to determine venue.

(3) If proper venue is finally determined to be in another county, the proceeding, including a will, petition, or any other paper filed, shall be transferred to the proper court.
Md. Code, Health - General § 5-803 — MD Code / Article ghg / Title 5 / Subtitle 8 / Section 5-803
§5–803.
Status: in_force

§5–803. IN EFFECT

The Committee shall:

(1) Evaluate causes or factors contributing to deaths in facilities or programs:

(i) Operated or licensed by the Developmental Disabilities Administration;

(ii) Licensed by the Behavioral Health Administration to provide mental health services and identified in § 10–713(a) of this article; or

(iii) Operating by waiver under § 7–903(b) of this article;

(2) Review aggregate incident data regarding facilities or programs that are licensed or operated by the Developmental Disabilities Administration or operating by waiver under § 7–903(b) of this article;

(3) Identify patterns and systemic problems and ensure consistency in the review process; and

(4) Make recommendations to the Secretary and the Secretary of Disabilities to prevent avoidable injuries and avoidable deaths and improve quality of care.

§5–803. // EFFECTIVE DECEMBER 31, 2032 PER CHAPTER 221 OF 2022 //

The Committee shall:

(1) Evaluate causes or factors contributing to deaths in facilities or programs:

(i) Operated or licensed by the Developmental Disabilities Administration;

(ii) Licensed by the Behavioral Health Administration to provide mental health services and identified in § 10–713(a) of this article; or

(iii) Operating by waiver under § 7–903(b) of this article;

(2) Identify patterns and systemic problems and ensure consistency in the review process; and

(3) Make recommendations to the Secretary to prevent avoidable deaths and improve quality of care.
Md. Code, Environment § 5-504 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

A person shall obtain a permit from the Department to construct, reconstruct, change, or make an addition to any conduit, pipeline, wire cable, trestle, or other device, structure, or apparatus in, under, through, or over the bed or waters of the Potomac River. The permit is obtained upon written application to the Department. Obtaining, using, and holding this permit is subject severally to the provisions concerning permits found elsewhere in this subtitle.
Md. Code, Labor and Employment § 5-326 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-326
§5–326.
Status: in_force

(a) Unless an order for a temporary variance from a regulation or part of a regulation is renewed as provided in this section, the order may not be in effect for longer than:

(1) 1 year after the order is passed; or

(2) if shorter, the period that the employer needs to achieve compliance with the regulation or part.

(b) (1) Subject to the limitations in this subsection, the Commissioner may renew an order for a temporary variance twice.

(2) The Commissioner may renew an order under this subsection only if the employer:

(i) submits an application for renewal to the Commissioner at least 90 days before the date on which the order is to expire; and

(ii) meets the requirements of this subtitle for granting a temporary variance.

(3) A renewal under this subsection may not remain in effect for more than 180 days.
Md. Code, Labor and Employment § 5-403 — MD Code / Article gle / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

(a) Except as otherwise provided in this section, an employer, chemical manufacturer, importer, or distributor shall comply with all applicable provisions of the United States Department of Labor, Occupational Safety and Health Administration, “Hazard Communication Standard”, 29 C.F.R. 1910.1200, as published at 52 Federal Register No. 163, August 24, 1987, pages 31876 through 31886, and, as adopted by the Commissioner, all subsequent amendments.

(b) (1) If a term is used in 29 C.F.R. 1910.1200 and defined in § 5-401 of this subtitle, the term has the meaning stated in § 5-401.

(2) When used in 29 C.F.R. 1910.1200, the terms “Assistant Secretary of Labor for OSHA” and “Director of the National Institute for Occupational Safety and Health” shall be interpreted to mean the Commissioner or a designated representative of the Commissioner.

(c) The exclusion for wood and wood products set forth in 29 C.F.R. 1910.1200(b)(6)(iii) does not apply in Maryland.

(d) (1) Except for an analytical, educational, or research and development laboratory, a laboratory shall comply with 29 C.F.R. 1910.1200.

(2) An employer that is an analytical, educational, or research and development laboratory shall comply with 29 C.F.R. 1910.1200(b)(3).

(e) The party who claims a trade secret under 29 C.F.R. 1910.1200(i) has the burden of proving the claim.
Md. Code, Economic Development § 5-1406 — MD Code / Article gec / Title 5 / Subtitle 14 / Section 5-1406
§5–1406.
Status: in_force

(a) (1) To the extent provided for in this section, a business entity that locates in a RISE zone is entitled to:

(i) for a business entity that locates in the RISE zone before January 1, 2023, the property tax credit under § 9–103.1 of the Tax – Property Article;

(ii) for a taxable year beginning before January 1, 2023, the income tax credit under § 10–702 of the Tax – General Article; and

(iii) priority consideration for financial assistance from programs in Subtitle 1 of this title.

(2) For purposes of the income tax credit authorized under paragraph (1)(ii) of this subsection, the business entity is treated as being located in an enterprise zone.

(b) Subject to the limitations under subsection (a) of this section, a business entity that moves into or locates in a RISE zone on or after the date that the zone is designated under this subtitle may qualify for the incentives under this section.

(c) A business entity may not qualify for the incentives under subsection (a) of this section unless the Department, in consultation with the county or municipal corporation in which a RISE zone is located, certifies the business entity and its location as consistent with the target strategy of the RISE zone.

(d) (1) Unless a business entity makes a significant capital investment or expansion of its labor force after a RISE zone is designated, the incentives under this section are not available to a business entity that was in a RISE zone before the date that the zone is designated.

(2) The Department shall adopt regulations establishing factors to determine if a business entity makes a significant capital investment or expansion of its labor force under paragraph (1) of this subsection.
Md. Code, Corporations and Associations § 5-405 — MD Code / Article gca / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

This subtitle does not impair the rights and powers of the courts of this State or the Attorney General of this State with respect to any corporation.
Md. Code, Courts and Judicial Proceedings § 5-515 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-515
§5–515.
Status: in_force

Any member of the Guardianship Advisory Board in the Department of Aging acting in good faith and within the scope of the member’s duties is immune from civil liability as a result of those acts.
Md. Code, Courts and Judicial Proceedings § 5-607 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

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

(2) “Compensation” does not include:

(i) Actual and necessary expenses that are incurred by a physician or volunteer in connection with the services provided or duties performed by the physician or volunteer for a sports program, and that are reimbursed to the physician or otherwise paid; or

(ii) The listing without cost to the physician of the physician’s name or without cost to the volunteer of the volunteer’s name in a school or event publication.

(3) “Physician” means any physician, including a doctor of osteopathy, who is licensed to practice medicine in the State.

(4) “Sports program” means a program or portion of a program of an institution of higher education or of a public or nonpublic school that is organized for intramural or interschool recreational purposes with activities that include basketball, baseball, football, soccer, track, or any other competitive sports.

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

(b) A physician who voluntarily and without compensation provides services or performs duties as a physician for a sports program, whether or not the services are provided or the duties are performed at the request of the school’s or institution’s administration or a county board of education, is not liable for any damages for any act or omission resulting from the providing of the services or the performing of the duties unless the act or omission constitutes:

(1) Willful or wanton misconduct;

(2) Gross negligence; or

(3) Intentionally tortious conduct.

(c) This section shall apply only to:

(1) Treatment at the site of the sports program;

(2) Treatment at any practice or training for the sports program; and

(3) Treatment administered during transportation to or from the sports program, practice, or training.

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

(2) This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law to which a volunteer or physician may be entitled.
Md. Code, Health - General § 5-905 — MD Code / Article ghg / Title 5 / Subtitle 9 / Section 5-905
§5–905.
Status: in_force

(a) Meetings of local teams shall be closed to the public and are not subject to Title 3 of the General Provisions Article when the local teams are discussing individual cases of overdose or drug overdose deaths.

(b) Except as provided in subsection (c) of this section, meetings of local teams shall be open to the public and are subject to Title 3 of the General Provisions Article when the local team is not discussing individual cases of overdose or drug overdose deaths.

(c) (1) During a public meeting, information may not be disclosed that identifies:

(i) A deceased individual;

(ii) An individual who has experienced an overdose;

(iii) A family member, guardian, or caretaker of a deceased individual or of an individual who has experienced an overdose; or

(iv) An individual convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality.

(2) During a public meeting, information may not be disclosed about the involvement of any agency with:

(i) A deceased individual;

(ii) An individual who has experienced an overdose;

(iii) A family member, guardian, or caretaker of a deceased individual or of an individual who has experienced an overdose; or

(iv) An individual convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality.

(d) This section does not prohibit a local team from requesting the attendance at a team meeting of a person who has information relevant to the team’s exercise of its purpose and duties.

(e) 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, Economic Development § 5-2105 — MD Code / Article gec / Title 5 / Subtitle 21 / Section 5-2105
§5–2105.
Status: in_force

(a) The Advisory Commission shall determine the times and places of its regular and special meetings.

(b) The chair of the Advisory Commission:

(1) may call a special meeting at any time; and

(2) shall call a special meeting when requested by two or more members of the Advisory Commission.

(c) A majority of the members then serving on the Advisory Commission is a quorum.
Md. Code, Transportation § 5-824 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-824
§5–824.
Status: in_force

(a) If the State purchases real property within the noise zone of Baltimore-Washington International Thurgood Marshall Airport for noise mitigation purposes with federal, State, or local funds, the Administration may not use the real property to construct or extend any terminal, fuel farm, runway, or taxiway.

(b) This section does not preclude the Administration from purchasing real property for noise mitigation purposes or for projects to promote the public safety as it is affected by existing or future airport operations and facilities.
Md. Code, Human Services § 5-5A-02 — MD Code / Article ghu / Title 5 / Subtitle 5A / Section 5-5A-02
§5–5A–02.
Status: in_force

There is an Office of Home Energy Programs in the Administration.
Md. Code, Economic Development § 5-567 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-567
§5–567.
Status: in_force

The Authority may:

(1) prescribe or approve the form of and terms and conditions in applications, guaranty agreements, or any other documents entered into by the Authority, principals, or sureties under the Program;

(2) acquire or take assignments of documents executed, obtained, or delivered in connection with any assistance the Authority provides under the Program;

(3) set and collect premiums, fees, charges, costs, and expenses in connection with any assistance the Authority provides under the Program;

(4) adopt regulations to carry out the Program; and

(5) do anything necessary or convenient to carry out its powers and the purposes of the Program.
Md. Code, Natural Resources § 5-505 — MD Code / Article gnr / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: reserved

(a) A cutting operation may not commence unless seed trees have been reserved or a reforestation plan has been approved by the Department. The reforestation plan shall be prepared by the landowner or his agent and shall be designed to assure the reproduction and maintenance of growth of young, vigorous pine trees.

(b) An operator or landowner proposing to reforest any area of a cutting operation pursuant to an approved plan shall notify the Department at least 24 hours prior to initiation of the cutting operations.

(c) Except as permitted by § 5-507 of this subtitle, the landowner shall not cut or permit to be cut any pine tree required to be reserved for reseeding for three years after completion of the cutting operation and will so bind his successor in title. The reforestation plan shall be accompanied by a statement of the landowner, on a form furnished by the Department that he will not perform any act or permit any act to be performed which prevents reforestation and will so bind his successor in title. The provisions of this subsection do not apply if the landowner places the land in any of the uses permitted in § 5-507 of this subtitle.

(d) The Department shall approve, approve with modifications, or reject any plan submitted to it within 30 days. The determination of the Department shall be in writing setting forth the reasons for approval, approval with modifications, or rejection and shall be forwarded to the operator or landowner.
Md. Code, Health - General § 5-501 — MD Code / Article ghg / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

(a) Consent for a postmortem examination of a body by a physician is sufficient if the consent is given as provided in this section.

(b) (1) The consent may be given by any one of the following persons if that person, whether alone or with another, has assumed control of the body for its final disposition:

(i) A parent;

(ii) A spouse;

(iii) A domestic partner;

(iv) A child;

(v) A guardian;

(vi) A next of kin; or

(vii) In the absence of these persons, any other person.

(2) If a person does not assume control of a body under paragraph (1) of this subsection, the consent may be given by the State Anatomy Board.

(c) The consent may be in the form of:

(1) A written document;

(2) A telegram; or

(3) A recorded telephonic or other recorded message.
Md. Code, Agriculture § 5-2A-04 — MD Code / Article gag / Title 5 / Subtitle 2A / Section 5-2A-04
§5–2A–04.
Status: in_force

(a) On completion of the U.S. Environmental Protection Agency’s pollinator risk assessment of the neonicotinoid pesticides imidacloprid, clothianidin, thiamethoxam, and dinotefuran, the Department shall review the State’s pesticide laws and regulations and make recommendations for any changes necessary to ensure State laws and regulations are protective of pollinators, taking into account the U.S. Environmental Protection Agency recommendations.

(b) Within 6 months of the U.S. Environmental Protection Agency’s completed pollinator risk assessment of neonicotinoid pesticides, the Department shall report its findings and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Financial Institutions § 5-1012 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1012
§5–1012.
Status: in_force

With respect to the supervision, enforcement, and reporting requirements of §§ 5-1009, 5-1010, and 5-1011 of this subtitle, the Commissioner shall act primarily in cooperation with the home state regulator or federal regulator of the affected out-of-state bank.
Md. Code, Election Law § 5-701 — MD Code / Article gel / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

Nominations for public offices that are filled by elections governed by this article shall be made:

(1) by party primary, for candidates of a principal political party;

(2) by petition, for candidates not affiliated with any political party; or

(3) in accordance with the constitution and bylaws of the political party, for candidates of a political party that does not nominate by party primary.
Md. Code, Criminal Procedure § 5-215 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-215
§5–215.
Status: in_force

A defendant who is denied pretrial release by a District Court commissioner or who for any reason remains in custody after a District Court commissioner has determined conditions of release under Maryland Rule 4–216 shall be presented to a District Court judge immediately if the Court is in session, or if the Court is not in session, at the next session of the Court.
Md. Code, Public Safety § 5-113 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-113
§5–113.
Status: in_force

(a) A licensee shall display conspicuously the dealer’s license and any other license required by law at the licensee’s place of business.

(b) The dealer’s license shall identify the licensee and the location of the licensee’s place of business.
Md. Code, Public Utilities § 5-306 — MD Code / Article gpu / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) In this section, “zero–trust” means a cybersecurity approach:

(1) focused on cybersecurity resource protection; and

(2) based on the premise that trust is never granted implicitly but must be continually evaluated.

(b) This section does not apply to a public service company that is:

(1) a common carrier; or

(2) a telephone company.

(c) A public service company shall:

(1) adopt and implement cybersecurity standards that are equal to or exceed standards adopted by the Commission;

(2) adopt a zero–trust cybersecurity approach for on–premises services and cloud–based services;

(3) establish minimum security standards for each operational technology and information technology device based on the level of security risk for each device, including security risks associated with supply chains; and

(4) (i) on or before July 1, 2024, and on or before July 1 every other year thereafter, engage a third party to conduct an assessment of operational technology and information technology devices based on:

1. the Cybersecurity and Infrastructure Security Agency’s Cross–Sector Cybersecurity Performance Goals; or

2. a more stringent standard that is based on the National Institute of Standards and Technology security frameworks; and

(ii) submit to the Commission certification of the public service company’s compliance with standards used in the assessments under item (i) of this item.

(d) (1) Each public service company shall report, in accordance with the process established under paragraph (2) of this subsection, a cybersecurity incident, including an attack on a system being used by the public service company, to the State Security Operations Center in the Department of Information Technology.

(2) The State Chief Information Security Officer, in consultation with the Commission, shall establish a process for a public service company to report cybersecurity incidents under paragraph (1) of this subsection, including establishing:

(i) the criteria for determining the circumstances under which a cybersecurity incident must be reported;

(ii) the manner in which a cybersecurity incident must be reported; and

(iii) the time period within which a cybersecurity incident must be reported.

(3) The State Security Operations Center shall immediately notify appropriate State and local agencies of a cybersecurity incident reported under this subsection.
Md. Code, Family Law § 5-1209 — MD Code / Article gfl / Title 5 / Subtitle 12 / Section 5-1209
§5–1209.
Status: in_force

This subtitle may be referred to as the “Integration of Child Welfare and Substance Abuse Treatment Act”.
Md. Code, Environment § 5-304 — MD Code / Article gen / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

The Governor of the State shall appoint an alternate member for each of the 3 members of the Commission for the State of Maryland created by § 5-303 of this subtitle. Each alternate shall have power to act in the absence of the person for whom he is alternate. The term of each alternate runs concurrently with the term of the member for whom he is an alternate.
Md. Code, Public Utilities § 5-301 — MD Code / Article gpu / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

(a) Except as otherwise provided by law, this section does not apply to a requirement or violation of:

(1) Subtitle 4 of this title;

(2) Title 7, Subtitle 1 of this article;

(3) Title 8, Subtitles 1 and 3 of this article; or

(4) Title 9, Subtitle 3 of this article.

(b) A public service company:

(1) shall comply fully with the requirements of this division; and

(2) may not violate any provision of this division.
Md. Code, Corporations and Associations § 5-6B-33 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-33
§5–6B–33.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, this subtitle is applicable to all cooperative housing corporations.

(2) The articles of incorporation, bylaws, membership certificates, or proprietary leases of a cooperative housing corporation established before July 1, 1986 need not be amended to comply with the requirements of this subtitle.

(b) Section 5–6B–02 of this subtitle shall apply to the initial sale of cooperative interests being offered for sale on or after July 1, 1986, if on that date, the developer has not sold any cooperative interests to initial purchasers.

(c) The provisions of §§ 5–6B–02 through 5–6B–04 of this subtitle and §§ 5–6B–06 through 5–6B–12 of this subtitle are not applicable to cooperative housing corporations in which cooperative interests have been sold to initial purchasers prior to July 1, 1986 if by January 1, 1987, the developer has sold 75 percent or more of the cooperative interests to initial purchasers.

(d) (1) Except as provided in paragraph (2) of this subsection, the notice required by § 5–6B–05 of this subtitle shall be given to any tenant in possession of any portion of a residential rental facility on or after January 1, 1987.

(2) The requirements of paragraph (1) of this subsection do not apply to nonresidential tenants.

(e) Any security interest in a cooperative interest which is perfected in any manner and has attached prior to July 1, 1986 shall continue to be perfected on and after that date.

(f) (1) A corporation, trust, unincorporated association, or other entity existing on July 1, 1986 that desires to confirm its status as a cooperative housing corporation under this subtitle, shall file a resolution with the board of directors or governing body of the entity electing to confirm the status.

(2) If the entity is unincorporated, the entity shall file original articles of incorporation reflecting its status with the Department of Assessments and Taxation.
Md. Code, Natural Resources § 5-1212.1 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1212.1
§5–1212.
Status: in_force

§5–1212.1.

Any area which was open to hunting, fishing, or trapping prior to wildlands designation shall continue to be available for those activities subject to the laws, regulations, and administrative policies of the Department.
Md. Code, Education § 5-209 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-209
§5–209.
Status: in_force

(a) The Montgomery County Board shall provide from the Montgomery County Public Schools Employees’ Pension System Trust the supplemental retirement allowance required under subsection (b) of this section.

(b) (1) The Montgomery County Board, through the Montgomery County Public Schools Employees’ Pension System Trust, shall pay a supplemental retirement allowance to an employee of the county board who retires on or after July 1, 1999, as a member of the Teachers’ Pension System of the State of Maryland.

(2) The supplemental retirement allowance shall equal the product of the member’s years of creditable service earned in the Montgomery County Public Schools Employees’ Pension System times the sum of:

(i) 0.08% of the retiree’s average final compensation that does not exceed the Social Security integration level; and

(ii) 0.15% of the retiree’s average final compensation that exceeds the Social Security integration level.
Md. Code, Business Occupations and Professions § 5-402 — MD Code / Article gbo / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

An applicant for registration shall:

(1) submit to the Board an application on the form that the Board provides; and

(2) pay to the Board an application fee established by the Board in accordance with § 5-205 of this title.
Md. Code, Courts and Judicial Proceedings § 5-707 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-707
§5–707.
Status: in_force

(a) In this section, “Board” means the Maryland State Board of Morticians and Funeral Directors.

(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, State Finance and Procurement § 5-304 — MD Code / Article gsf / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) The Department may accept funds, grants, and services from public and private sources to carry out its powers and duties.

(b) (1) (i) The Department may charge reasonable fees for services and products.

(ii) The fees charged may not exceed the cost of providing the service or product.

(2) All fees collected under this subsection shall be credited to a continuing nonlapsing fund that is not subject to § 7-302 of this article.

(3) Subject to the appropriation process in the State budget, the Department shall use the fund for the costs of operating.

(4) The State Treasurer shall hold and the State Comptroller shall account for the fund.

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

(6) Investment earnings accrue to the benefit of the fund.
Md. Code, Business Regulation § 5-402 — MD Code / Article gbr / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

A corporation, limited liability company, or partnership shall obtain a permit issued by the Director, before the corporation, limited liability company, or partnership may engage in the operation of a cemetery, crematory, reduction facility, or burial goods business in the State.
Md. Code, Environment § 5-1301 — MD Code / Article gen / Title 5 / Subtitle 13 / Section 5-1301
§5–1301.
Status: in_force

(a) Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, with costs imposed in the discretion of the court. Every fine and cost shall be paid in accordance with § 7-503 of the Courts Article.

(b) Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is a violation which has occurred within 2 years of any prior violation of this title.

(c) In addition to any administrative penalty provided in this title, a violation of any regulation or restriction adopted by any unit within the Department of the Environment pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.
Md. Code, Natural Resources § 5-9B-02 — MD Code / Article gnr / Title 5 / Subtitle 9B / Section 5-9B-02
§5–9B–02.
Status: reserved

(a) The General Assembly declares that:

(1) It is State public policy to improve, conserve, and manage the quality of the waters of the State and protect, maintain, and improve the quality of water for public supplies, propagation of wildlife, fish and aquatic life, and domestic, agricultural, industrial, recreational, and other legitimate beneficial uses;

(2) It is also the policy of the State to preserve valuable open space in its natural, agricultural, or forestry use, which will not only help contain sprawl development but will also improve the water quality of the Chesapeake Bay and its tributaries by limiting point and nonpoint sources of pollution and help meet a goal of the Chesapeake Bay agreement permanently to protect 20% of the Chesapeake Bay watershed by 2010;

(3) The promotion of water quality in this State is closely related to the promotion of land preservation, requiring integration and coordination of the planning for the development and use of the water and associated land resources and inviting innovative solutions for protection of watersheds, including acquisition of land and easements for water quality protection and preservation of natural resources; and

(4) New funding sources designed to improve water quality and land preservation should be made available in the form of matching grants to local governments so as to leverage and fully utilize all available money and create incentives that will encourage local governments to develop their own funding for water quality protection and land conservation and preservation projects.

(b) (1) A county or municipal corporation may adopt a local land preservation program to enhance natural resource, agricultural, forestry, and environmental protection and park and recreational uses as provided in subsection (a) of this section while maintaining the viability of resource–based land usage and proper management of tillable and wooded areas through accepted agricultural and silvicultural practices for farm production and timber harvests.

(2) A program shall provide funds to the local government units to purchase interests in real property from willing sellers, including easements, transferable development rights, and fee estates.

(3) A program shall encourage partnerships among the federal, State, and local governments, and nonprofit land trust organizations and encourage local land conservation initiatives.

(4) Each program shall be administered in accordance with local law adopted under the authority of this subtitle.

(c) (1) A program shall be funded by a continuing, dedicated, and clearly identified local or private funding source, not derived from State funds, that is adopted in accordance with State or local law. Funding under the program may not be used by the local government to supplant existing or planned local funds dedicated to land preservation.

(2) Subject to availability of funds under § 5–9B–05 of this subtitle, a program shall also be eligible for State funding each year that equally matches locally provided funding.

(3) Commencement of State funding under paragraph (2) of this subsection is also subject to the attainment of a specified number of counties participating and a specified population of participating counties.

(d) The local governing body may adopt regulations to implement a local land preservation program under this subtitle, including procedures for expediting acquisitions and purchasing and selling transferable development rights and using the proceeds related to purchasing and selling transferable development rights in accordance with local law.

(e) (1) The local governing body shall establish a method acceptable to the Department for appraising the value of conservation easements acquired under this subtitle. The local governing body shall use the method used by the county under Program Open Space for appraising fee simple interests in property acquired under this subtitle.

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

(f) A local governing body may enter into agreements with other governmental units, including the Rural Legacy Board, the Maryland Agricultural Land Preservation Foundation, and the Maryland Environmental Trust, for the purpose of establishing partnerships to carry out a local land preservation program.
Md. Code, Family Law § 5-1029 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1029
§5–1029.
Status: in_force

(a) (1) The Administration may request the mother, child, and alleged father to submit to blood or genetic tests.

(2) If the mother, child, or alleged father fails to comply with the request of the Administration, the Administration may apply to the circuit court for an order that directs the individual to submit to the tests.

(b) On the motion of the Administration, a party to the proceeding, or on its own motion, the court shall order the mother, child, and alleged father to submit to blood or genetic tests to determine whether the alleged father can be excluded as being the father of the child.

(c) The blood or genetic tests shall be made in a laboratory selected by the court from a list of laboratories provided by the Administration.

(d) The laboratory shall report the results of each blood or genetic test in writing and in the form the court requires.

(e) A copy of the laboratory report of the blood or genetic test shall be provided to the parties or their counsel in the manner that the court directs.

(f) (1) Subject to the provisions of paragraph (3) of this subsection, the laboratory report of the blood or genetic test shall be received in evidence if:

(i) definite exclusion is established; or

(ii) the testing is sufficiently extensive to exclude 97.3% of alleged fathers who are not biological fathers, and the statistical probability of the alleged father’s paternity is at least 97.3%.

(2) A laboratory report is prima facie evidence of the results of a blood or genetic test.

(3) (i) Subject to the provisions of subparagraph (ii) of this paragraph, the laboratory report of the blood or genetic test is admissible in evidence without the presence of a doctor or technician from the laboratory that prepared the report if the report:

1. is signed by the doctor or technician who prepared or verified the report; and

2. states that the result of the blood or genetic test is as stated in the report.

(ii) When the laboratory report of the blood or genetic test is admitted in evidence, a doctor or technician from the laboratory that prepared the report is subject to cross-examination by any party to the proceeding if the party who desires cross-examination has subpoenaed the doctor or technician at least 10 days before trial.

(4) A laboratory report received into evidence establishing a statistical probability of the alleged father’s paternity of at least 99.0% constitutes a rebuttable presumption of his paternity.

(g) If any individual fails to submit to a blood or genetic test ordered by the court, that refusal, properly introduced in evidence:

(1) shall be disclosed to the court; and

(2) may be commented on by counsel.

(h) (1) Unless indigent, the party who requests a blood or genetic test or who secures the appearance in court of a doctor or technician from the laboratory that prepared the report of the blood or genetic test is responsible for the cost of the test and the costs associated with the court appearance. However, if the requesting party prevails in the proceeding, the court shall assess the cost of the blood or genetic test or the costs associated with the court appearance against the other parties to the proceeding.

(2) If any party chargeable with the cost of the blood or genetic test or the costs associated with court appearance is indigent, the cost of the blood or genetic test or the costs associated with the court appearance shall be borne by the county where the proceeding is pending, except to the extent that the court orders any other party to the proceeding to pay all or part of the cost.

(3) Subject to the right of any party to subpoena a custodian of records at least 10 days before trial, a written statement from the laboratory that prepared the report of the blood or genetic test concerning the cost of the test and the cost associated with the court appearance shall be admissible in evidence without the presence of a custodian of records and shall constitute prima facie evidence of the costs.

(i) Upon motion of the Administration or any party to the proceeding and due consideration by the court, the court shall pass a temporary order for the support of the child if:

(1) a laboratory report establishes a statistical probability of paternity of at least 99.0%; and

(2) the court determines that the putative father has the ability to provide temporary support for the child.
Md. Code, Natural Resources § 5-1302 — MD Code / Article gnr / Title 5 / Subtitle 13 / Section 5-1302
§5–1302.
Status: in_force

(a) If any fine is imposed by the District Court for a violation of any provision of this title, the fine shall be collected pursuant to the provisions of law of the District Court system.

(b) If any fine is imposed by the circuit court for a county, the fine, less the costs of collection and not otherwise provided for, shall be paid to the Forest or Park Reserve Fund.
Md. Code, Courts and Judicial Proceedings § 5-705 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

(a) In this section, “Board” means the State Board of Dental 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, Corporations and Associations § 5-316 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-316
§5–316.
Status: in_force

(a) (1) The corporators shall sign articles of incorporation for the religious corporation. These articles shall contain the information required by Part I of this subtitle.

(2) At least three of the corporators shall acknowledge the articles.

(b) The corporators shall file the articles with the Department in the same manner and with the same effect as provided in Part I of this subtitle.
Md. Code, Corporations and Associations § 5-123 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-123
§5–123.
Status: in_force

(a) If a professional corporation ceases to render professional services, it shall amend its articles of incorporation to:

(1) Delete references to rendering professional services; and

(2) Conform the name of the corporation to the requirements of Title 1, Subtitle 5 of this article.

(b) After the amendment under subsection (a) of this section becomes effective, the corporation may continue in existence as a business corporation under Title 2 of this article and is no longer subject to this subtitle.

(c) An amendment under subsection (a) of this section does not affect the liability of the professional corporation, its employees, or stockholders for a transaction, occurrence, or act that occurred while the corporation was subject to this subtitle.
Md. Code, Economic Development § 5-344 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-344
§5–344.
Status: in_force

(a) An applicant for a child care special loan shall submit to the Department an application that contains the information that the Department requires.

(b) The application shall include:

(1) a detailed description of the proposed or existing child care facility;

(2) an itemization of known and estimated costs;

(3) the total amount of money required to expand or improve child care services at the child care facility;

(4) the money available to the applicant without a child care special loan from the Department;

(5) the amount of money sought from the Department;

(6) evidence of the inability of the applicant to obtain the financing necessary for the child care facility on affordable terms through normal lending channels;

(7) information that relates to the financial status of the applicant, including, if applicable:

(i) a current balance sheet;

(ii) a profit and loss statement; and

(iii) credit references; and

(8) a lease, option to buy, deed, or evidence that the applicant is legally entitled to remain at the child care facility for at least the term of the loan.

(c) The applicant for a child care special loan shall agree to:

(1) operate the child care facility for at least the term of the child care special loan; and

(2) repay the outstanding child care special loan in full on the loss of license, termination of lease, or transfer, sale, or refinancing of the child care facility, as applicable, before the end of the term of the child care special loan.
Md. Code, Labor and Employment § 5-1302 — MD Code / Article gle / Title 5 / Subtitle 13 / Section 5-1302
§5–1302.
Status: in_force

(a) The Commissioner shall include as part of the occupational safety and health standards established under this title standards for protecting employees of public bodies from workplace violence.

(b) Subject to subsection (c) of this section, on or before October 1, 2026, the Commissioner, in consultation with the Board, shall adopt regulations to carry out this section.

(c) Before adopting regulations under subsection (b) of this section, the Commissioner shall:

(1) review and consider the recommendations on preventing workplace violence created by the federal Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health;

(2) hold at least four meetings soliciting input from certified exclusive representatives of employees of public bodies on the best ways to prevent workplace violence; and

(3) hold meetings in at least four geographically diverse locations in the State to receive input from interested parties on the best ways to prevent workplace violence.
Md. Code, Financial Institutions § 5-901 — MD Code / Article gfi / Title 5 / Subtitle 9 / Section 5-901
§5–901.
Status: in_force

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

(b) “Acquire” means:

(1) For one bank holding company to merge or consolidate with another bank holding company;

(2) For a bank holding company to assume direct or indirect ownership or control of:

(i) More than 5 percent of any class of voting shares of another bank holding company or a bank; or

(ii) All or substantially all of the assets of another bank holding company or a bank; or

(3) To take any other action that results in the direct or indirect control by a bank holding company of another bank holding company or a bank.

(c) “Affiliate” has the meaning stated in § 5-401 of this title.

(d) “Bank” has the meaning stated in § 2(c) of the Bank Holding Company Act.

(e) “Bank holding company”:

(1) Has the meaning stated in § 2(a) of the Bank Holding Company Act; and

(2) Unless the context requires otherwise, includes:

(i) A Maryland bank holding company;

(ii) An out-of-state bank holding company;

(iii) A foreign bank holding company; and

(iv) A corporation or other entity that becomes a bank holding company by making an acquisition under this subtitle.

(f) “Bank Holding Company Act” means the federal Bank Holding Company Act of 1956.

(g) “Bank supervisory agency” means:

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

(2) Any agency of another state with primary responsibility for chartering and supervising banks; and

(3) Any agency of a foreign country with primary responsibility for chartering and supervising banks.

(h) “Control” has the meaning stated in § 2(a) of the Bank Holding Company Act.

(i) “Deposit”:

(1) With respect to any bank holding company other than a foreign bank holding company, has the meaning stated in 12 U.S.C. § 1813(l); and

(2) With respect to a foreign bank holding company, has the meaning stated in the law of the country in which the holding company is organized or incorporated.

(j) “Foreign bank holding company” means a bank holding company with its principal place of business outside the United States.

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

(l) “Maryland bank” means a bank that is:

(1) Organized under Title 3 or Title 4 of this article; or

(2) Organized under federal law and having its main office in this State.

(m) “Maryland bank holding company” means a bank holding company that:

(1) Had its principal place of business in this State on the later of July 1, 1966 or the date on which the company became a bank holding company; and

(2) Is not controlled by a bank holding company other than a Maryland bank holding company.

(n) (1) “Out-of-state bank holding company” means a bank holding company that is not a Maryland bank holding company.

(2) “Out-of-state bank holding company” includes a foreign bank holding company.

(o) “Principal place of business” means the jurisdiction in which the total deposits of a bank holding company’s bank subsidiaries are the greatest.

(p) “State” means any state, territory, or other possession of the United States, including the District of Columbia.

(q) “Subsidiary” has the meaning stated in § 2(d) of the Bank Holding Company Act.
Md. Code, Courts and Judicial Proceedings § 5-637.2 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-637.2
§5–637.
Status: in_force

§5–637.2.

(a) In this section, “local team” means a multidisciplinary and multiagency drug overdose fatality review team established under Title 5, Subtitle 9 of the Health – General Article.

(b) A person who acts in good faith and within the scope of the jurisdiction of a local team is not civilly liable for any action as a member of the local team or for giving information to, participating in, or contributing to the function of the local team.
Md. Code, Family Law § 5-524 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-524
§5–524.
Status: in_force

The Administration shall provide child welfare services to a child and the child’s parent or guardian:

(1) to assist in preventing the necessity of placing the child outside of the child’s home;

(2) to reunite the child with the child’s parent or guardian after the child has been placed in foster care; or

(3) if the child has been placed in foster care and cannot return to the child’s parent or guardian, to develop and implement an alternative permanent plan for the child.
Md. Code, Transportation § 5-102 — MD Code / Article gtr / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) The purpose of this title is to further the public interest and aeronautical progress by:

(1) Promoting safety in and protecting aeronautics;

(2) Cooperating to promote uniformity of aeronautics laws and regulations in the several states, consistent with federal aeronautics laws and regulations;

(3) Granting powers to the Administration and imposing duties on it to enable this State to perform properly its functions relating to aeronautics and to exercise effectively its jurisdiction over persons and property, assist in the development of a statewide system of airports and airport facilities, cooperate with and assist the political subdivisions of this State and others engaged in aeronautics, and encourage and develop aeronautics;

(4) Establishing only those regulatory provisions that are essential, so that persons may engage in any aspect of aeronautics with the least possible restriction, consistent with the safety, health, welfare, and the rights of others; and

(5) Providing for cooperation:

(i) With federal authorities in developing a national system of civil aviation; and

(ii) With the political subdivisions of this State in developing and coordinating aeronautics in this State.

(b) (1) The acquisition of any property under this title, the planning, acquisition, establishment, construction, improvement, maintenance, equipping, and operation of airports, airport facilities, and air navigation facilities, whether separately by this State or by a political subdivision or jointly by this State with any political subdivision, and the exercise of any other powers granted by this title are public and governmental functions, exercised for a public purpose, as matters of public necessity.

(2) All property and privileges acquired and used by or on behalf of this State or a political subdivision under this title are acquired and used for public and governmental purposes, as matters of public necessity.
Md. Code, Public Utilities § 5-305 — MD Code / Article gpu / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

(a) This section applies to a project by an investor–owned gas company, electric company, or combination gas and electric company involving the construction, reconstruction, installation, demolition, restoration, or alteration of any underground gas or electric infrastructure of the company, and any related traffic control activities.

(b) An investor–owned gas company, electric company, or combination gas and electric company shall require a contractor or subcontractor on a project described in subsection (a) of this section to pay its employees not less than the prevailing wage rate determined solely by the Commissioner of Labor and Industry in a process substantially similar to the process established under Title 17, Subtitle 2 of the State Finance and Procurement Article.

(c) In accordance with Title 3, Subtitle 5 of the Labor and Employment Article, the Maryland Department of Labor shall enforce the requirement under subsection (b) of this section for contractors and subcontractors to pay employees not less than the prevailing wage rate determined solely by the Commissioner of Labor and Industry.

(d) A contract entered into after March 1, 2024, by an investor–owned gas company, electric company, or combination gas and electric company that is for the construction, reconstruction, installation, demolition, restoration, or alteration of any underground gas or electric infrastructure, and any related traffic control activities, includes a contract that has been executed, amended, or altered after March 1, 2024.
Md. Code, Economic Development § 5-1403 — MD Code / Article gec / Title 5 / Subtitle 14 / Section 5-1403
§5–1403.
Status: in_force

(a) An institution may apply to the Secretary to be designated as a qualified institution.

(b) To be eligible for designation as a qualified institution, the applicant shall:

(1) evidence an intention:

(i) to make a significant financial investment or commitment in an area of the State that the applicant intends to become a RISE zone;

(ii) to use the resources and expertise of the applicant to spur economic development and community revitalization in an area of the State that the applicant intends to become a RISE zone; and

(iii) to create a significant number of new jobs within an area of the State that the applicant intends to become a RISE zone;

(2) have a demonstrated history of community involvement and economic development within the communities that the applicant serves; and

(3) meet the minimum financial qualifications established by the Secretary.

(c) If the applicant is a nonprofit organization that is not an institution of higher education, the application shall demonstrate an affiliation with a federal agency.

(d) (1) In addition to the requirements under subsection (b) of this section, the Secretary may establish by regulation any other requirements necessary and appropriate in order for an applicant to be designated as a qualified institution.

(2) The Secretary shall adopt regulations that establish factors for evaluating applications under subsection (b) of this section.

(e) In the form and content acceptable to the Secretary, an applicant shall submit to the Secretary an application that contains the information that the Secretary considers necessary to evaluate the request for designation as a qualified institution.

(f) (1) Within 90 days after submission of an application under this section, the Secretary shall approve or reject the application of an institution to be designated as a qualified institution.

(2) At least 30 days before approval or rejection of an application under this section, the Secretary shall notify the Legislative Policy Committee.

(3) The Legislative Policy Committee may provide advice to the Secretary regarding the approval or rejection of an institution as a qualified institution.
Md. Code, Corporations and Associations § 5-103 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) Except as otherwise provided in this subtitle, a professional corporation has the powers enumerated in § 2-103 of this article.

(b) A professional corporation may be a promoter, general partner, member, associate, or manager of a partnership, joint venture, trust, or other entity if the entity is engaged solely in rendering professional services.
Md. Code, Courts and Judicial Proceedings § 5-304 — MD Code / Article gcj / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) This section does not apply to an action:

(1) Against a nonprofit corporation described in § 5–301(d)(23), (24), (25), (26), (28), or (29) of this subtitle or its employees; or

(2) Brought under § 5–117 of this title.

(b) (1) Except as provided in subsections (a) and (d) of this section, an action for unliquidated damages may not be brought against a local government or its employees unless the notice of the claim required by this section is given within 1 year after the injury.

(2) The notice shall be in writing and shall state the time, place, and cause of the injury.

(c) (1) The notice required under this section shall be given in person or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, by the claimant or the representative of the claimant.

(2) Except as otherwise provided, if the defendant local government is a county, the notice required under this section shall be given to the county commissioners or county council of the defendant local government.

(3) If the defendant local government is:

(i) Baltimore City, the notice shall be given to the City Solicitor;

(ii) Howard County or Montgomery County, the notice shall be given to the County Executive; and

(iii) Anne Arundel County, Baltimore County, Frederick County, Harford County, or Prince George’s County, the notice shall be given to the county solicitor or county attorney.

(4) For any other local government, the notice shall be given to the corporate authorities of the defendant local government.

(d) Notwithstanding the other provisions of this section, unless the defendant can affirmatively show that its defense has been prejudiced by lack of required notice, upon motion and for good cause shown the court may entertain the suit even though the required notice was not given.

(e) This section does not apply if, within 1 year after the injury, the defendant local government has actual or constructive notice of:

(1) The claimant’s injury; or

(2) The defect or circumstances giving rise to the claimant’s injury.
Md. Code, Corporations and Associations § 5-644 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-644
§5–644.
Status: in_force

If there is a conflict between the provisions of this part and other provisions of law, the provisions of this part shall prevail.
Md. Code, Insurance § 5-101 — MD Code / Article gin / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

(a) In determining the financial condition of an insurer, the following assets that the insurer owns shall be allowed as admitted assets:

(1) cash that the insurer holds or that it controls while the cash is in transit, and the true balance of any deposit in a solvent bank or trust company;

(2) shares or deposits in a savings and loan association or building and loan association, to the extent that the investment or account is insured by an instrumentality of the United States or of Canada;

(3) in an amount not exceeding the cash surrender value of each individual policy:

(i) premium notes and policy loans, except for collateral assignment loans; and

(ii) accrued interest that is 90 days or more past due on each asset listed in item (i) of this item;

(4) in an amount not exceeding the policy reserve on each individual policy:

(i) collateral assignment loans; and

(ii) accrued interest that is 90 days or more past due on the asset listed in item (i) of this item;

(5) for a life insurer:

(i) the net amount of uncollected premiums that are not more than 90 days past due, unless payable directly or indirectly by an instrumentality of the United States; and

(ii) the net amount of deferred premiums and annuity considerations;

(6) except for life insurance premiums, the amount of premiums in the course of collection that:

(i) are not more than 90 days past due, unless payable directly or indirectly by an instrumentality of the United States; and

(ii) do not include commissions;

(7) to the extent of the unearned premium reserves carried on policies:

(i) installment premiums other than life insurance premiums; and

(ii) notes or similar written obligations not past due taken for premiums other than life insurance premiums;

(8) the full amount of reinsurance that a ceding insurer may recover from a solvent reinsurer under Subtitle 9 of this title;

(9) amounts receivable by an assuming insurer that represent funds that a solvent ceding insurer withholds under a reinsurance treaty;

(10) deposits or equities recoverable from an underwriting association, syndicate, reinsurance fund, or suspended banking institution:

(i) to the extent the deposits or equities are available for payment of losses and claims; or

(ii) at values that the Commissioner determines;

(11) electronic data processing equipment and operating system software amortized over a period of not more than 3 calendar years, to the extent it does not exceed 3% of the insurer’s capital and surplus as required to be shown on the insurer’s statutory financial statement, adjusted to exclude deferred tax assets and net positive goodwill;

(12) investments, securities, properties, and loans acquired or held in accordance with this article, and the related items listed in subsection (b) of this section;

(13) positive goodwill recorded under the statutory purchase method of accounting:

(i) to the extent that it does not exceed 10% of the parent insurer’s capital and surplus, as required to be shown on the statutory balance sheet, excluding any net positive goodwill, electronic data processing equipment, operating system software, and net deferred tax assets; and

(ii) amortized over a period of not more than 10 calendar years;

(14) other assets that an insurer may list as admitted assets in the annual statement required under this article, unless specifically not admitted under § 5–102 of this subtitle; and

(15) at values determined by the Commissioner, other assets:

(i) that are not inconsistent with this title; and

(ii) that the Commissioner considers available for the payment of losses and claims.

(b) In determining the financial condition of an insurer, the following items related to investments, securities, properties, or loans that the insurer owns shall be allowed as admitted assets:

(1) if it is not more than 90 days past due:

(i) interest that is due or accrued on a bond or evidence of indebtedness that is:

1. not in default; and

2. not valued on a basis that includes accrued interest;

(ii) declared and unpaid dividends on shares of stock, unless the amount of those dividends has otherwise been allowed as an asset;

(iii) interest that is due or accrued on deposits in solvent banks, solvent trust companies, or savings and loan associations insured by an instrumentality of the United States or of Canada; or

(iv) if the Commissioner considers that the interest is a collectible asset, interest that is due or accrued on other assets;

(2) interest that is due or accrued on a collateral loan:

(i) to the extent that the interest does not exceed 1 year’s interest on the loan; and

(ii) to the extent that the unpaid balance of the loan plus accrued interest does not exceed the net value of the collateral that would be admitted, less estimated costs to obtain and sell the collateral;

(3) if the interest in its entirety is less than 180 days past due and has not accrued for more than 18 months, interest that is due or accrued on a mortgage loan, in an amount not more than any amount by which the value of the property, reduced by the amount of delinquent taxes and other costs to obtain and sell the property, exceeds the unpaid principal;

(4) rent that is due or accrued on real property if:

(i) the rent is not past due for more than 90 days; or

(ii) the payment is adequately secured by property held in the name of the tenant and conveyed to the insurer as collateral; and

(5) for a title insurer, title plants as provided in § 5-104 of this subtitle.
Md. Code, Courts and Judicial Proceedings § 5-417 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-417
§5–417.
Status: in_force

(a) In this section, “act” has the meaning stated in § 2–405.1 of the Corporations and Associations Article.

(b) A present or former director of a corporation who while a director acts or acted in accordance with the standard of conduct provided in § 2–405.1 of the Corporations and Associations Article has no liability in any action based on an act of the director.
Md. Code, State Personnel and Pensions § 5-212 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-212
§5–212.
Status: in_force

(a) Except as provided in subsection (b) of this section, within 60 days after a complaint under § 5–211 of this subtitle is received:

(1) an equal employment officer, under the direction of the fair practices officer, shall investigate the complaint and recommend a proposed decision to the head of the principal unit; and

(2) the head of the principal unit shall issue a written decision to the complainant and may grant any appropriate relief.

(b) The time period under subsection (a) of this section may be extended up to an additional 30 days if the applicant or employee who filed the complaint provides written authorization to the equal employment officer investigating the complaint.
Md. Code, Family Law § 5-3A-15 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-15
§5–3A–15.
Status: in_force

(a) On issuance of a show–cause order as to guardianship of a child, a petitioner shall serve the order on each of the child’s living parents who has not consented to the guardianship.

(b) Service under this section shall be by:

(1) personal service; or

(2) certified mail, restricted delivery, return receipt requested.

(c) Service on a parent under this section shall be attempted at the parent’s last address known to the petitioner.

(d) (1) If a court is satisfied, by affidavit or testimony, that, after reasonable efforts in good faith, a petitioner could not identify a parent or could not effect service on a parent, the court shall order service through notice by publication as to that parent.

(2) Notice under this subsection shall consist of substantially the following statement:

To: (Father’s name) To:�(Mother’s name) To:�Unknown parent

“You are hereby notified that a guardianship case has been filed in the circuit court for (county name), case no. (number). All persons who believe themselves to be parents of a (male or female) child born on (date of birth) in (city, state) to (mother’s and father’s names and dates of birth) shall file a written response. A copy of the show–cause order may be obtained from the clerk’s office at (address) and (telephone number). If you do not file a written objection by (deadline), you will have agreed to the permanent loss of your parental rights to this child.”

(3) Service under this subsection shall be by:

(i) publication at least once in one or more newspapers in general circulation in the county where the parent last resided or, if unknown, where the petition is filed; and

(ii) posting for at least 30 days on a website of the Department.

(4) The Department may charge a petitioner a reasonable fee to cover the cost of posting.
Md. Code, Public Safety § 5-116 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-116
§5–116.
Status: in_force

(a) A revocation may not take effect while an appeal is pending.

(b) Any subsequent judicial review shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.
Md. Code, Financial Institutions § 5-903 — MD Code / Article gfi / Title 5 / Subtitle 9 / Section 5-903
§5–903.
Status: in_force

(a) Except as otherwise expressly permitted by federal law, no bank holding company may acquire a Maryland bank holding company or a Maryland bank without the approval of the Commissioner.

(b) The prohibition in subsection (a) of this section shall not apply where the acquisition is made:

(1) Solely for the purpose of facilitating an acquisition otherwise permitted under this subtitle;

(2) In a transaction arranged by the Commissioner or another bank supervisory agency to prevent the insolvency or closing of the acquired bank; or

(3) In a transaction in which a bank forms its own bank holding company, if the ownership rights of the former bank shareholders are substantially similar to those of the shareholders of the new holding company.

(c) In a transaction for which the Commissioner’s approval is not required under this section, the parties shall give written notice to the Commissioner at least 15 days before the effective date of the acquisition.
Md. Code, Courts and Judicial Proceedings § 5-301 — MD Code / Article gcj / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

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

(b) “Actual malice” means ill will or improper motivation.

(c) (1) “Employee” means any person who was employed by a local government at the time of the act or omission giving rise to potential liability against that person.

(2) “Employee” includes:

(i) Any employee, either within or without a classified service or merit system;

(ii) An appointed or elected official; or

(iii) A volunteer who, at the request of the local government, and under its control and direction, was providing services or performing duties.

(d) “Local government” means:

(1) A charter county as defined in § 1–101 of the Local Government Article;

(2) A code county as defined in § 1–101 of the Local Government Article;

(3) A board of county commissioners;

(4) Baltimore City;

(5) A municipality as defined in § 1–101 of the Local Government Article;

(6) The Maryland–National Capital Park and Planning Commission;

(7) The Washington Suburban Sanitary Commission;

(8) The Northeast Maryland Waste Disposal Authority;

(9) A community college or board of trustees for a community college established or operating under Title 16 of the Education Article, not including Baltimore City Community College;

(10) A county public library or board of trustees of a county public library established or operating under Title 23, Subtitle 4 of the Education Article;

(11) The Enoch Pratt Free Library or Board of Trustees of the Enoch Pratt Free Library;

(12) The Washington County Free Library or the Board of Trustees of the Washington County Free Library;

(13) A special taxing district;

(14) A nonprofit community service corporation incorporated under State law that is authorized to collect charges or assessments;

(15) Housing authorities created under Division II of the Housing and Community Development Article;

(16) A sanitary district, sanitary commission, metropolitan commission, or other sewer or water authority established or operating under public local law or public general law;

(17) A regional development council;

(18) The Howard County Economic Development Authority;

(19) The Howard County Mental Health Authority;

(20) A commercial district management authority established by a county or municipal corporation if provided under local law;

(21) The Baltimore City Police Department;

(22) A regional library resource center or a cooperative library corporation established under Title 23, Subtitle 2 of the Education Article;

(23) Lexington Market, Inc., in Baltimore City;

(24) The Baltimore Public Markets Corporation, in Baltimore City;

(25) A nonprofit corporation serving as the local public transportation authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County;

(26) The nonprofit corporation serving as the animal control and licensing authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County (the Humane Society of Carroll County, Inc.);

(27) Garrett County Municipalities, Inc., in Garrett County;

(28) The nonprofit corporation serving as the local public transportation authority for Garrett County pursuant to a contract or memorandum of understanding with Garrett County (Garrett County Community Action Committee, Inc.); and

(29) The nonprofit corporation serving as the industrial development authority of Carroll County established under Title 12, Subtitle 1 of the Economic Development Article.

(e) (1) “Regional development council” means a regional or municipal council established under Title 13 of the Economic Development Article.

(2) “Regional development council” includes:

(i) The Baltimore Metropolitan Council;

(ii) The Mid–Shore Regional Council;

(iii) The Upper Shore Regional Council;

(iv) The Tri–County Council for the Lower Eastern Shore of Maryland;

(v) The Tri–County Council for Southern Maryland; and

(vi) The Tri–County Council for Western Maryland.

§5–301. ** CONTINGENCY – NOT IN EFFECT – CHAPTER 296 OF 2016 **

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

(b) “Actual malice” means ill will or improper motivation.

(c) (1) “Employee” means any person who was employed by a local government at the time of the act or omission giving rise to potential liability against that person.

(2) “Employee” includes:

(i) Any employee, either within or without a classified service or merit system;

(ii) An appointed or elected official; or

(iii) A volunteer who, at the request of the local government, and under its control and direction, was providing services or performing duties.

(d) “Local government” means:

(1) A charter county as defined in § 1–101 of the Local Government Article;

(2) A code county as defined in § 1–101 of the Local Government Article;

(3) A board of county commissioners;

(4) Baltimore City;

(5) A municipality as defined in § 1–101 of the Local Government Article;

(6) The Maryland–National Capital Park and Planning Commission;

(7) The Washington Suburban Sanitary Commission;

(8) The Northeast Maryland Waste Disposal Authority;

(9) A community college or board of trustees for a community college established or operating under Title 16 of the Education Article, not including Baltimore City Community College;

(10) A county public library or board of trustees of a county public library established or operating under Title 23, Subtitle 4 of the Education Article;

(11) The Enoch Pratt Free Library or Board of Trustees of the Enoch Pratt Free Library;

(12) The Washington County Free Library or the Board of Trustees of the Washington County Free Library;

(13) A special taxing district;

(14) A nonprofit community service corporation incorporated under State law that is authorized to collect charges or assessments;

(15) Housing authorities created under Division II of the Housing and Community Development Article;

(16) A sanitary district, sanitary commission, metropolitan commission, or other sewer or water authority established or operating under public local law or public general law;

(17) A regional development council;

(18) The Howard County Economic Development Authority;

(19) The Howard County Mental Health Authority;

(20) A commercial district management authority established by a county or municipal corporation if provided under local law;

(21) The Baltimore City Police Department;

(22) A regional library resource center or a cooperative library corporation established under Title 23, Subtitle 2 of the Education Article;

(23) Lexington Market, Inc., in Baltimore City;

(24) The Baltimore Public Markets Corporation, in Baltimore City;

(25) A nonprofit corporation serving as the local public transportation authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County;

(26) The nonprofit corporation serving as the animal control and licensing authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County (the Humane Society of Carroll County, Inc.);

(27) Garrett County Municipalities, Inc., in Garrett County;

(28) The nonprofit corporation serving as the local public transportation authority for Garrett County pursuant to a contract or memorandum of understanding with Garrett County (Garrett County Community Action Committee, Inc.);

(29) The nonprofit corporation serving as the industrial development authority of Carroll County established under Title 12, Subtitle 1 of the Economic Development Article; and

(30) The Montgomery County Student Loan Refinancing Authority established under Title 18, Subtitle 31 of the Education Article.

(e) (1) “Regional development council” means a regional or municipal council established under Title 13 of the Economic Development Article.

(2) “Regional development council” includes:

(i) The Baltimore Metropolitan Council;

(ii) The Mid–Shore Regional Council;

(iii) The Upper Shore Regional Council;

(iv) The Tri–County Council for the Lower Eastern Shore of Maryland;

(v) The Tri–County Council for Southern Maryland; and

(vi) The Tri–County Council for Western Maryland.
Md. Code, Family Law § 5-1205 — MD Code / Article gfl / Title 5 / Subtitle 12 / Section 5-1205
§5–1205.
Status: in_force

The Maryland Department of Health shall explore the use of excess hospital beds to locate new substance abuse treatment programs.
Md. Code, Transportation § 5-705 — MD Code / Article gtr / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

The Administration, political subdivision, or joint board may require the owner of any structure or other object that exceeds the height limitations permitted by the rules and regulations adopted under this subtitle to install, operate, and maintain at his expense the markers and lights necessary to indicate to aircraft the presence of the obstruction.
Md. Code, General Provisions § 5-860 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-860
§5–860.
Status: in_force

At any time before final action on an application, a party of record may file with the Chief Administrative Officer an affidavit including competent evidence of:

(1) a contribution by an applicant or agent covered under § 5–858 of this subtitle; or

(2) an ex parte communication covered under § 5–859 of this subtitle.
Md. Code, Public Safety § 5-307 — MD Code / Article gps / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) A permit is valid for each handgun legally in the possession of the person to whom the permit is issued.

(b) (1) Subject to subsection (c) of this section, a permit issued under this subtitle shall restrict the wearing, carrying, and transporting of a handgun by the person to whom the permit is issued to wearing, carrying, or transporting a handgun concealed from view:

(i) under or within an article of the person’s clothing; or

(ii) within an enclosed case.

(2) The requirement in paragraph (1) of this subsection to keep a handgun concealed is not violated by:

(i) the momentary and inadvertent exposure of a handgun; or

(ii) the momentary and inadvertent exposure of the imprint or outline of a handgun.

(c) A person is not subject to the requirement in subsection (b) of this section to keep a handgun concealed if the person is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person’s official equipment, and is:

(1) a person exempted under § 4–203(b)(1) of the Criminal Law Article;

(2) a security guard licensed under Title 19 of the Business Occupations Article acting within the scope of employment;

(3) a correctional officer or warden of a correctional facility in the State acting within the scope of employment;

(4) a railroad police officer appointed under Title 3, Subtitle 4 of this article acting within the scope of employment; or

(5) an employee of an armored car company acting within the scope of employment.
Md. Code, Agriculture § 5-502 — MD Code / Article gag / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

The Secretary shall:

(1) Inspect apiaries and honey houses;

(2) Conduct investigations;

(3) Disseminate information to promote the beekeeping industry; and

(4) Keep records of any work performed in carrying out the provisions of this subtitle.
Md. Code, Education § 5-313 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-313
§5–313.
Status: in_force

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

(2) “Program” means the Capital Grant Program for Local School Systems With Significant Enrollment Growth or Relocatable Classrooms.

(3) “Significant enrollment growth” means full–time equivalent enrollment growth in a local school system that has exceeded 150% of the statewide average over the past 5 years.

(4) “Significant number of relocatable classrooms” means an average of more than 250 relocatable classrooms in a local school system over the past 5 years.

(b) (1) There is a Capital Grant Program for Local School Systems With Significant Enrollment Growth or Relocatable Classrooms.

(2) The purpose of the Program is to provide grants for public school construction in local school systems that are experiencing significant enrollment growth or a significant number of relocatable classrooms.

(c) (1) The Program shall be implemented and administered by the Interagency Commission on School Construction in accordance with this section.

(2) Grants awarded by the Interagency Commission under the Program shall be matched by local funds equal to the required local cost–share established in accordance with § 5–303(d)(3) of this subtitle.

(d) The Interagency Commission shall:

(1) Provide grants from State funds dedicated for the Program to county boards for public school construction in local school systems that are experiencing significant enrollment growth or a significant number of relocatable classrooms;

(2) Develop a procedure for a county board to apply for a grant under the Program;

(3) Develop eligibility requirements for a county board to receive a grant under the Program, including a requirement for a county board to provide funds to match a grant award;

(4) For the first $40,000,000 of grants, develop a process to allocate grant awards under the Program that allocate funds based on each eligible county board’s proportionate share of the total full–time equivalent enrollment of the county boards that are eligible to participate in the Program; and

(5) After the allocation of grants under item (4) of this subsection, for the remaining grants, develop a process to allocate grant awards under the Program that allocates funds based on each eligible county board’s proportionate share of percentage of enrollment growth above the statewide average percentage.

(e) In addition to the annual amount otherwise provided in the capital improvement program of the Public School Construction Program, the Governor annually shall provide an additional amount as follows in the operating budget or capital improvement program of the Public School Construction Program that may be used only to award grants under the Program:

(1) In fiscal year 2016, $20,000,000;

(2) In each of fiscal years 2017 through 2026, $40,000,000; and

(3) In fiscal year 2027 and each fiscal year thereafter, $80,000,000.

(f) The State funding provided under the Program is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for public school construction purposes to a county board from any other source.

(g) The Interagency Commission shall adopt procedures necessary to implement this section.
Md. Code, Health - General § 5-615.1 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-615.1
§5–615.
Status: in_force

§5–615.1.

The Department shall:

(1) Encourage the use of electronic advance directives;

(2) Carry out appropriate educational and outreach efforts to increase public awareness of electronic advance directives; and

(3) Encourage the following persons and entities to engage in outreach efforts regarding electronic advance directives:

(i) The Maryland Department of Aging;

(ii) County ombudspersons;

(iii) Local health departments;

(iv) Senior living facilities;

(v) Academic institutions;

(vi) Religious organizations;

(vii) Hospitals; and

(viii) Other similar persons or entities.
Md. Code, Health - General § 5-604 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, an advance directive may be revoked at any time by a declarant by a signed and dated written or electronic document, by physical cancellation or destruction, by an oral statement to a health care practitioner or by the execution of a subsequent directive.

(2) A declarant, knowingly and voluntarily, may elect in an advance directive to waive the right under paragraph (1) of this subsection to revoke any part or all of the advance directive, including the appointment of an agent, during a period in which the declarant has been certified incapable of making an informed decision under § 5–602(e) of this subtitle.

(b) If a declarant revokes an advance directive by an oral statement to a health care practitioner, the practitioner and a witness to the oral revocation shall document the substance of the oral revocation in the declarant’s medical record.

(c) It shall be the responsibility of the declarant, to the extent reasonably possible, to notify any person to whom the declarant has provided a copy of the directive.
Md. Code, Natural Resources § 5-2A-03 — MD Code / Article gnr / Title 5 / Subtitle 2A / Section 5-2A-03
§5–2A–03.
Status: in_force

(a) (1) There is a Parks and Recreation Commission in the Department.

(2) The purpose of the Commission is to provide oversight of the Park Service.

(b) The Commission shall consist of the following members:

(1) A chair, appointed jointly by the President of the Senate and the Speaker of the House;

(2) Two members of the Senate of Maryland, appointed by the President of the Senate;

(3) Two members of the House of Delegates, appointed by the Speaker of the House;

(4) One citizen member, appointed by the President of the Senate;

(5) One citizen member, appointed by the Speaker of the House;

(6) Four members, appointed by the Governor, who reflect the racial, gender, ethnic, and geographic diversity of the State; and

(7) Two members of the Commission on Environmental Justice and Sustainable Communities, designated by the Chair of the Commission on Environmental Justice and Sustainable Communities.

(c) The Department shall provide staff for the Commission.

(d) The Department shall annually provide the Commission with a briefing on the status of the Park Service and park system, including:

(1) The number of annual capacity closures, listed by location;

(2) The critical maintenance backlog;

(3) Vacant staff positions;

(4) A description of the condition of the park system’s natural and cultural resources, including any vulnerabilities; and

(5) Any other information:

(i) Related to the functioning of the Park Service; or

(ii) Requested by the members of the Commission.

(e) (1) The Commission shall meet quarterly to review the status of the Park Service.

(2) At each meeting, the Department shall report to the Commission on expenditures from the Park System Capital Improvements and Acquisition Fund.

(f) (1) On or before December 1, 2024, and each December 1 thereafter, the Commission shall submit a report to the Senate Budget and Taxation Committee, the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, and the House Environment and Transportation Committee in accordance with § 2–1257 of the State Government Article.

(2) The report submitted under paragraph (1) of this subsection shall include the Commission’s:

(i) Findings on the status of the Park Service; and

(ii) Recommendations on how the General Assembly can support the Park Service.
Md. Code, Insurance § 5-102 — MD Code / Article gin / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) Notwithstanding § 5-101 of this subtitle, in determining the financial condition of an insurer, the following expressly are not allowed as admitted assets:

(1) organizational expenses, trade names, and other similar intangible assets;

(2) except for policy loans, a secured or unsecured advance to an officer of the insurer;

(3) an advance given only on personal security to an employee or insurance producer of the insurer or to another person;

(4) stock of the insurer owned by it, any material interest in the stock of the insurer, any loan that is secured by the stock of the insurer, or any material proportionate interest in the stock of the insurer acquired or held through the insurer’s ownership of an interest in another firm, corporation, or business unit;

(5) except for electronic data processing equipment and operating system software allowed as admitted assets under § 5-101(a)(11) of this subtitle, fixtures, furniture, furnishings, libraries, safes, stationery, supplies, and vehicles; and

(6) the amount, if any, by which the aggregate book value of investments carried in the ledger assets of the insurer exceeds the amount deemed collectible or the aggregate value of those investments as determined under this article.

(b) Notwithstanding subsection (a) of this section, a bona fide mortgage loan to an officer or employee of the insurer may be allowed as an admitted asset if the loan:

(1) is approved and ratified by the board of directors of the insurer;

(2) is secured by a first mortgage on a principal residence of an officer or employee; and

(3) does not exceed the amount allowed for any other mortgage investment under § 5-511(g) of this title.
Md. Code, Estates and Trusts § 5-105 — MD Code / Article get / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

(a) (1) In this section, “serious crime” means a crime that reflects adversely on an individual’s honesty, trustworthiness, or fitness to perform the duties of a personal representative.

(2) “Serious crime” includes fraud, extortion, embezzlement, forgery, perjury, and theft.

(b) Subject to § 5–104 of this subtitle, the register or court may grant letters to:

(1) A trust company;

(2) Any other corporation authorized by law to be a personal representative; or

(3) Subject to subsection (c) of this section, any individual.

(c) Letters may not be granted to a person who, at the time a determination of priority is made, has filed with the register a declaration in writing that the person renounces the right to administer or is:

(1) Under the age of 18 years;

(2) Mentally incompetent;

(3) Convicted of a serious crime, unless the person shows good cause for the granting of letters;

(4) Not a citizen of the United States unless the person is a permanent resident of the United States and is:

(i) The spouse of the decedent;

(ii) An ancestor of the decedent;

(iii) A descendant of the decedent; or

(iv) A sibling of the decedent;

(5) A full–time judge of a court established under the laws of Maryland or the United States including a judge of an orphans’ or probate court, or a clerk of court, or a register, unless the person is the surviving spouse or is related to the decedent within the third degree; or

(6) A nonresident of the State, unless there shall be on file with the register an irrevocable designation by the nonresident of an appropriate person who resides in the State on whom service of process may be made in the same manner and with the effect as if it were served personally in the State on the nonresident.
Md. Code, Health - General § 5-902 — MD Code / Article ghg / Title 5 / Subtitle 9 / Section 5-902
§5–902.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, there may be a multidisciplinary and multiagency drug overdose fatality review team in each county.

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

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

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

(1) The county health officer, or the officer’s designee;

(2) The director of the local department of social services, or the director’s designee;

(3) The State’s Attorney, or the State’s Attorney’s designee;

(4) The superintendent of schools, or the superintendent’s designee;

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

(6) The director of behavioral health services in the county, or the director’s designee;

(7) An emergency medical services provider in the county;

(8) A representative of a hospital;

(9) A health care professional who specializes in the prevention, diagnosis, and treatment of substance use disorders;

(10) A representative of a local jail or detention center;

(11) A representative from parole, probation, and community corrections;

(12) The Secretary of Juvenile Services, or the Secretary’s designee;

(13) A member of the public with interest or expertise in the prevention and treatment of drug overdose deaths, appointed by the county health officer; and

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

(c) Each local team shall elect a chair from among its members.
Md. Code, Criminal Law § 5-203 — MD Code / Article gcr / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

The Department may adopt regulations to implement this title.
Md. Code, Courts and Judicial Proceedings § 5-1002 — MD Code / Article gcj / Title 5 / Subtitle 10 / Section 5-1002
§5–1002.
Status: in_force

(a) (1) (i) Except as provided in subsection (c) of this section, a prisoner who maintains a civil action shall pay all or a portion of the applicable filing fee, as determined by the court.

(ii) Unless a waiver is granted under subsection (c) of this section, a fee determined by the court under subparagraph (i) of this paragraph shall be at least 25 percent of the entire filing fee otherwise required for a civil action.

(2) The court may:

(i) Authorize any fee to be paid over a specific period of time; and

(ii) Establish a payment schedule.

(3) Until any applicable filing fee is paid, service of the complaint shall be withheld, discovery may not commence, and other proceedings may not be convened.

(b) In establishing the amount of the filing fee to be paid under subsection (a) of this section, the court shall consider, based on information in the complaint and provided by the prisoner:

(1) The seriousness of the claim;

(2) The likelihood of success;

(3) The urgency of consideration;

(4) The amount of funds available in any institutional account and any account outside of the institution;

(5) The employment status of the prisoner in the institution and income from the employment;

(6) Any financial obligations of the prisoner; and

(7) The length of time that is likely to pass before the filing fee that is imposed is able to be paid.

(c) A court may waive payment of the entire required filing fee for a civil action filed by a prisoner only on a written showing under oath by the prisoner that:

(1) The prisoner is indigent;

(2) The issue presented is of serious concern;

(3) Delay in the consideration of the issues presented will prejudice the consideration of the claim;

(4) The prisoner is not likely to accumulate sufficient funds to pay the required filing fee within a reasonable period of time; and

(5) The prisoner possesses a reasonable likelihood of success on the merits of the claim.

(d) If a prisoner prevails in an action, the filing fee that is paid by the prisoner shall be reimbursed to the prisoner by the defendant through costs awarded by the court.
Md. Code, Family Law § 5-1028 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1028
§5–1028.
Status: in_force

(a) Unmarried parents shall be provided an opportunity to execute an affidavit of parentage in the manner provided under § 4–208 of the Health – General Article.

(b) The affidavit shall be completed on a standardized form developed by the Department.

(c) (1) The completed affidavit of parentage form shall contain:

(i) in ten point boldface type a statement that the affidavit is a legal document and constitutes a legal finding of parentage;

(ii) the full name and the place and date of birth of the child;

(iii) the full name of the attesting parent who did not give birth to the child;

(iv) the full name of the attesting mother of the child;

(v) the signatures of the parents of the child attesting, under penalty of perjury, that the information provided on the affidavit is true and correct;

(vi) a statement by the mother consenting to the assertion of parentage and acknowledging that:

1. the mother’s cosignatory is the only possible father of the child; or

2. the mother and the mother’s cosignatory consented to the conception of the child by means of assisted reproduction with the shared intent to be the parents of the child;

(vii) a statement by the individual who did not give birth to the child that:

1. the individual is the father of the child; or

2. the individual and the child’s mother consented to the conception of the child by means of assisted reproduction with the shared intent to be the parents of the child; and

(viii) the Social Security numbers provided by each of the parents.

(2) Before completing an affidavit of parentage form, the unmarried parents shall be advised orally and in writing of the legal consequences of executing the affidavit and of the benefit of seeking legal counsel.

(d) (1) An executed affidavit of parentage constitutes a legal finding of parentage, subject to the right of any signatory to rescind the affidavit:

(i) in writing within 60 days after execution of the affidavit; or

(ii) in a judicial proceeding relating to the child:

1. in which the signatory is a party; and

2. that occurs before the expiration of the 60–day period.

(2) (i) After the expiration of the 60–day period, an executed affidavit of parentage may be challenged in court only on the basis of fraud, duress, or material mistake of fact.

(ii) The burden of proof shall be on the challenger to show fraud, duress, or material mistake of fact.

(iii) The legal responsibilities of any signatory arising from the affidavit, including child support obligations, may not be suspended during the challenge, except for good cause shown.

(e) The Administration shall prepare written information to be furnished to unmarried mothers under § 4–208 of the Health – General Article concerning the benefits of having the parentage of their children established, including the availability of child support enforcement services.

(f) The Department shall make the standardized affidavit forms available to all hospitals in the State.

(g) The Secretary, in consultation with the Maryland Department of Health and the Maryland Hospital Association, shall adopt regulations governing the provisions of this section and § 4–208 of the Health – General Article.
Md. Code, Criminal Law § 5-605 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

(a) “Common nuisance” means a dwelling, building, vehicle, vessel, aircraft, or other place:

(1) resorted to by individuals for the purpose of administering illegally controlled dangerous substances; or

(2) where controlled dangerous substances or controlled paraphernalia are manufactured, distributed, dispensed, stored, or concealed illegally.

(b) A person may not keep a common nuisance.
Md. Code, Estates and Trusts § 5-207 — MD Code / Article get / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) (1) Regardless of whether a petition for probate has been filed, a verified petition to caveat a will may be filed at any time before the expiration of 6 months following the first appointment of a personal representative under a will, even if there be a subsequent judicial probate or appointment of a personal representative.

(2) If a different will is offered subsequently for probate, a petition to caveat the later offered will may be filed at a time within the later to occur of:

(i) 3 months after the later probate; or

(ii) 6 months after the first appointment of a personal representative of a probated will.

(b) (1) If the petition to caveat is filed before the filing of a petition for probate, or after administrative probate, it has the effect of a request for judicial probate.

(2) If the petition to caveat is filed after judicial probate the matter shall be reopened and a new proceeding held as if only administrative probate had previously been determined.

(3) In either case described in paragraphs (1) and (2) of this subsection, the provisions of Subtitle 4 of this title apply.
Md. Code, State Finance and Procurement § 5-7B-04 — MD Code / Article gsf / Title 5 / Subtitle 7B / Section 5-7B-04
§5–7B–04.
Status: in_force

(a) Except as otherwise provided in this subtitle, beginning October 1, 1998, the State may not provide funding for a growth-related project if the project is not located within a priority funding area.

(b) In a priority funding area established under § 5-7B-03(c) or (e) of this subtitle in which water and sewer service is planned, a commitment for funding for a growth-related project shall be contingent upon nonstate funding for planned water and sewer service moving forward in advance of or concurrent with the State funding.

(c) (1) A growth-related project may not be funded by the State in a municipal corporation exercising zoning authority unless the municipal corporation has first adopted residential development standards relating to public school adequacy. These standards shall be substantially similar to:

(i) the State rated capacity standards established by the public school interagency committee on school construction; or

(ii) the school capacity standards established in its county’s adequate public facilities ordinance.

(2) The requirement contained in paragraph (1) of this subsection does not apply:

(i) in a municipal corporation exercising zoning authority located in a county in which no adequate school capacity standards have been established by the county governing body; or

(ii) to a residential development project where an impact fee has been paid or other monetary or nonmonetary contributions have been provided that defray the local cost of school construction attributable to the project.

(3) After October 1, 1997, prior to establishing or changing the school capacity standards in a county’s adequate public facilities ordinance, the county shall confer with the governing bodies of the municipal corporations that exercise zoning authority located within the county.

(4) For planning purposes, each county board of education shall annually provide to the county and each municipal corporation exercising zoning authority in the county:

(i) a list of projected student enrollments for a 5-year period for each school serving students in or near that municipal corporation; and

(ii) information relating to the student capacity of each school.
Md. Code, Labor and Employment § 5-320 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-320
§5–320.
Status: in_force

An application for a temporary variance shall:

(1) specify the regulation or part of a regulation from which the temporary variance is sought;

(2) contain a representation by the employer supported by the representation of qualified individuals with personal knowledge of the facts stated in the application that the employer is unable to comply with the regulation or part;

(3) explain, in detail, each reason for the inability to comply;

(4) describe each step that the employer has taken and will take:

(i) to comply with the regulation or part; and

(ii) until then, to protect employees against the hazard that the regulation or part covers;

(5) state the date on which the employer took or will take each step listed under item (4) of this section;

(6) state the date on which the employer expects to be able to comply with the regulation or part;

(7) contain a certification that the employer has complied with § 5-321(a) of this subtitle;

(8) state the manner in which the employer complied with § 5-321(a) of this subtitle; and

(9) advise employees that any employee may ask the Commissioner to hold a hearing on the application.
Md. Code, Transportation § 5-819 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-819
§5–819.
Status: in_force

For all airports owned by this State, the Executive Director shall discharge all of the obligations required of an airport operator by §§ 5-805 and 5-806 of this subtitle, including the delineation of noise zones and the establishment of any required noise abatement plans.
Md. Code, Courts and Judicial Proceedings § 5-408 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

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

(2) (i) “Credit agreement” means a covenant, promise, undertaking, commitment, or other agreement by a financial institution to:

1. Lend money;

2. Forbear from repayment of money, goods, or things in action;

3. Forbear from collecting or exercising any right to collect a debt; or

4. Otherwise extend credit.

(ii) “Credit agreement” includes agreeing to take or to not take certain actions by a financial institution in connection with an existing or prospective credit agreement.

(3) “Financial institution” means:

(i) A bank;

(ii) A trust company;

(iii) A savings bank;

(iv) A savings and loan association; or

(v) An affiliate or subsidiary of a bank, trust company, savings bank, or savings and loan association.

(b) A credit agreement is not enforceable by way of action or defense unless it:

(1) Is in writing;

(2) Expresses consideration;

(3) Sets forth the relevant terms and conditions of the agreement; and

(4) Is signed by the person against whom its enforcement is sought.

(c) (1) This section applies only to commercial transactions.

(2) This section does not apply to:

(i) Credit agreements made primarily for personal, family, or household purposes; or

(ii) Credit extended by means of, or in connection with, a credit or charge card.
Md. Code, Labor and Employment § 5-405 — MD Code / Article gle / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: reserved

(a) This section does not apply to a consumer product or foodstuff that is:

(1) packaged for distribution to and intended for use by the general public; and

(2) handled unopened or stored unopened in a retail establishment, including its storeroom or warehouse.

(b) (1) To comply with the requirements of 29 C.F.R. 1910.1200(e)(1)(i) for a list of hazardous chemicals, each employer shall compile and maintain a chemical information list for each hazardous chemical that is formulated, handled, manufactured, packaged, processed, reacted, repackaged, stored, or transferred in the workplace of the employer.

(2) Within 30 days after a hazardous chemical is introduced into the workplace of an employer, the employer shall add the hazardous chemical to the chemical information list. The employer need not place the hazardous chemical alphabetically on the chemical information list until the employer next revises the list as required under paragraph (3) of this subsection.

(3) Every 2 years, an employer shall revise the chemical information list.

(c) For each hazardous chemical on a chemical information list, the list shall:

(1) contain its chemical and common names; and

(2) identify each work area where the hazardous chemical is found.

(d) Each compilation of a chemical information list and each revision under subsection (b) of this section shall list the hazardous chemicals on the list in alphabetical order according to common name.

(e) (1) Each employer shall keep, for at least 40 years, each chemical information list that the employer compiles or revises.

(2) (i) If an employer’s business ceases to operate or formulate, handle, manufacture, package, process, react, repackage, store, or transfer hazardous chemicals in a workplace regulated under this subtitle, the employer promptly shall submit the most recent chemical information list to the Maryland Department of Labor.

(ii) The Maryland Department of Labor shall keep, for at least 40 years, the chemical information list that the employer provides under subparagraph (i) of this paragraph.
Md. Code, Transportation § 5-1202 — MD Code / Article gtr / Title 5 / Subtitle 12 / Section 5-1202
§5–1202.
Status: in_force

(a) The General Assembly finds, based on State and federal standards associating various cumulative noise exposure levels with compatible land uses, that there are approximately 1,200 housing units and at least one public and one private school within the current airport noise zone that are exposed to noise levels deemed either undesirable or unacceptable for residential or educational use.

(b) The General Assembly further finds that, in the interest of public health, safety, and welfare, the Administration should be authorized to develop and implement noise assistance programs to address incompatible land uses surrounding the airport.
Md. Code, Human Services § 5-608 — MD Code / Article ghu / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

The Administration may:

(1) accept any federal funds or commodities;

(2) manage and dispose of any federal funds or commodities as required by federal law; and

(3) apply the federal Social Security Act or any other federal law relating to public assistance to the benefit of the State.
Md. Code, Human Services § 5-205 — MD Code / Article ghu / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) The Administration shall be the central coordinating and directing agency of all public assistance programs in the State, including:

(1) the Family Investment Program and related cash benefit programs;

(2) public assistance to adults;

(3) emergency assistance;

(4) food stamps;

(5) medical assistance eligibility determinations;

(6) the Energy Assistance Program;

(7) the Temporary Disability Assistance Program;

(8) the federal Commodity Supplemental Food Program with funds and resources received from the United States Department of Agriculture under 7 C.F.R. 247; and

(9) any other public assistance activities financed wholly or partly by the Administration.

(b) The Administration shall supervise, direct, and control the activities of the local departments that it finances wholly or partly.

(c) (1) The Administration may visit any State-aided institution, organization, or agency engaged in public assistance activities and inspect thoroughly its management, buildings, and equipment.

(2) Visits and inspections under paragraph (1) of this subsection shall be made:

(i) at reasonably convenient hours; and

(ii) with reasonable regard for the established discipline, regulations, and customs of the institution, organization, or agency.

(d) As desirable or necessary for the purpose of this title, the Administration may designate existing agencies or organizations in the State as the Administration’s agents.

(e) Before the start of each regular session of the General Assembly, the Administration shall submit a report of its activities to the Governor.
Md. Code, Business Regulation § 5-602 — MD Code / Article gbr / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

(a) This subtitle does not apply to a cemetery that:

(1) has less than 1 acre available for burial; or

(2) is owned and operated by:

(i) a county;

(ii) a municipal corporation;

(iii) a church;

(iv) a synagogue;

(v) a religious organization;

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

(vii) a family and does not conduct public sales; or

(viii) a State veterans agency.

(b) This subtitle does not apply to the sale of a below–ground earth–covered chamber.

(c) This subtitle does not amend a trust agreement covering a perpetual care fund that existed on or before July 1, 1973, except as to:

(1) the appointment of a successor trustee or cotrustee;

(2) deposits into the fund after July 1, 1973; and

(3) the withdrawal from the fund of income on deposits made after July 1, 1973.
Md. Code, Public Safety § 5-115 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-115
§5–115.
Status: in_force

(a) (1) A person whose dealer’s license is suspended or revoked or who is fined for a violation of this subtitle and who is aggrieved by the action of the Secretary may request a hearing by writing to the Secretary within 30 days after the Secretary forwards notice to the applicant under § 5–114(c) of this subtitle.

(2) The Secretary shall grant the hearing within 15 days after receiving the request.

(b) The hearing shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.
Md. Code, Natural Resources § 5-427 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-427
§5–427.
Status: in_force

(a) The governing body of a county or municipal corporation, by appropriate resolution or ordinance, may implement a local urban and community forestry program within its jurisdiction or enter into a cooperative agreement with the Department.

(b) The Department may accept federal funds and provide funds, on a matching basis, to:

(1) Cooperating counties and municipal corporations for the purpose of administering an urban and community forestry program; and

(2) Nonprofit corporations that participate in the implementation and administration of an urban and community forestry program.

(c) Any urban and community forestry program within the Department shall be:

(1) Funded as provided in the budget; and

(2) Consistent with § 5–307 of this title.
Md. Code, Alcoholic Beverages and Cannabis § 5-103 — MD Code / Article gab / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

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

(1) it is necessary to regulate and control beer franchise agreements and relationships between beer manufacturers and beer distributors:

(i) to foster and promote temperance in the consumption of beer; and

(ii) to promote respect for and obedience to the laws that control the distribution and sale of beer; and

(2) temperance and obedience to the laws that control the distribution and ultimate sale of beer is promoted by legislation that encourages beer distributors to make investments in their facilities to serve retail license holders by protecting them against the termination of beer distributorships, or other acts described in this subtitle, without good cause for the termination or other acts.

(b) It is necessary to accomplish this policy to eliminate the undue stimulation of sales of beer in the State by beer manufacturers that induce or coerce, or attempt to induce or coerce, beer distributors to act detrimentally to the orderly and lawful distribution of beer by:

(1) threatened or actual termination of the beer manufacturer and beer distributor relationship, directly or indirectly;

(2) the establishment of dual beer distributors of a brand or brands of beer in a sales territory presently served by a beer distributor; or

(3) the sale of the same brand or brands of beer in one sales territory by more than one franchisee.

(c) The General Assembly further recognizes the distinction between the nature of the distribution of beer and other alcoholic beverages in that distributors of alcoholic beverages other than beer are franchised by manufacturers to distribute many brands of various kinds of alcoholic beverages and are not as vulnerable to the economic pressures of the manufacturers as are beer distributors, which traditionally handle mainly one, two, or three brands of beer in their distributorships.
Md. Code, Business Regulation § 5-601 — MD Code / Article gbr / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

In this subtitle, “perpetual care”:

(1) means the maintenance, including the cutting of grass abutting memorials or monuments, administration, supervision, and embellishment of a cemetery and its grounds, roads, and paths; and

(2) includes the repair and renewal of buildings, including columbaria and mausoleums, and the property of the cemetery.
Md. Code, Courts and Judicial Proceedings § 5-424 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-424
§5–424.
Status: in_force

A licensed veterinary practitioner is immune from any civil liability that results from:

(1) The actions of a licensed acupuncturist that practices in accordance with § 2–301(g)(11) of the Agriculture Article;

(2) The actions of a person that:

(i) Is licensed, certified, or otherwise authorized to practice a health occupation under the Health Occupations Article; and

(ii) Is authorized to practice the health occupation on an animal in accordance with § 2–304 of the Agriculture Article;

(3) A report in good faith of suspected animal cruelty or animal fighting to a local law enforcement or county animal control agency under § 2–313.1 of the Agriculture Article; or

(4) The licensed veterinary practitioner’s participation in an investigation of suspected animal cruelty or animal fighting as provided in § 2–313.1(c) of the Agriculture Article.
Md. Code, Education § 5-408 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

(a) In order to meet its obligation to track whether the Blueprint for Maryland’s Future is progressing according to plan, the Board shall:

(1) Develop guidelines for the submission of reports by:

(i) The Department;

(ii) Local school systems; and

(iii) Public schools;

(2) Using reports submitted in accordance with item (1) of this subsection and the Board’s ongoing monitoring as a guide, gather and analyze disaggregated data, in accordance with subsection (c) of this section, to measure progress made on the implementation of the Blueprint for Maryland’s Future, by examining:

(i) The effects on student performance over time, with specific emphasis on closing achievement gaps between student groups of different:

1. Race;

2. Ethnicity;

3. Disability status;

4. Household income;

5. Linguistic status; and

6. Any other student group characteristics that feature achievement gaps as determined by the Board; and

(ii) Student outcomes, such as:

1. Absenteeism;

2. Disciplinary action;

3. Enrichment opportunities; and

4. Meaningful family involvement;

(3) Monitor and review the performance of each teacher preparation program at an institution of higher education and alternative teacher preparation program;

(4) Monitor changes in the concentration of students eligible for free and reduced price meals within public schools and local school systems;

(5) Examine the school–level diversity of public school staff and student bodies;

(6) Monitor and review the placement and concentration of students in particular racial, ethnic, linguistic, economic, and disability status groups assigned to:

(i) Novice teachers;

(ii) Teachers providing instruction in fields in which they lack expertise;

(iii) Substitute teachers who teach the same class for more than 1 week; and

(iv) Effective teachers, including teachers at levels three and four of the career ladder established under Title 6, Subtitle 10 of this article;

(7) Monitor and review the progress of community schools receiving grants under § 5–223 of this article;

(8) Monitor public schools and local school systems to ensure that sufficient numbers of teachers are participating in the career ladder and achieving National Board Certification, as provided in Title 6, Subtitle 10 of this article;

(9) Examine the racial, ethnic, disability–status, and income makeup of full–day prekindergarten students, disaggregated by providers, and monitor whether the mix of public and private prekindergarten providers is effectively meeting the needs of families; and

(10) Approve the plans for deployment of Expert Review Teams submitted by the Department and the Career and Technical Education Committee under §§ 5–411 and 5–412 of this subtitle.

(b) (1) In gathering and analyzing data to complete its duties under this subtitle, the Board may collect data from any relevant entities.

(2) If additional data is needed for the Board to complete its duties, the Board may request that other appropriate government agencies aid in the collection of data.

(3) Unless otherwise prohibited by law, a government agency shall provide the Board with any requested data.

(4) Unless otherwise prohibited by law, a government agency whose aid the Board has requested under this subsection shall regularly collect the requested data and provide it to the Board.

(c) The Board shall work with the Maryland Longitudinal Data System Center to collect and analyze data necessary to carry out the Board’s responsibilities under this subtitle and may direct the Center to provide:

(1) A researcher designated by the Board access to the data in the Maryland Longitudinal Data System in accordance with the procedures for staff authorization and data access established by the Maryland Longitudinal Data System governing board;

(2) Aggregate data tables; or

(3) Research or evaluation.

(d) Any student–level information reported to or by the Board shall be disaggregated by race, ethnicity, gender, family income level, linguistic status, and disability status.
Md. Code, Family Law § 5-3B-29 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-29
§5–3B–29.
Status: in_force

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

(2) “Director” means the State Director of Social Services.

(3) “Secretary” means the Secretary of Health.

(b) This section applies only to an adoption in which a court enters an order for adoption on or after January 1, 2000.

(c) This section does not bar:

(1) an adoptee or biological parent from applying for search, contact, and reunion services under Subtitle 4B of this title; or

(2) the Director or a confidential intermediary from obtaining a copy of a record under § 5–4B–04(c) or § 5–4B–06(b) or (c) of this title.

(d) (1) An adoptee who is at least 21 years old may apply to the Secretary for a copy of:

(i) the adoptee’s original certificate of birth;

(ii) all records that relate to the adoptee’s new certificate of birth, if any; and

(iii) the report of the adoptee’s order of adoption filed by the clerk of court under § 4–211 of the Health – General Article.

(2) If an adoptee is at least 21 years old, a biological parent of the adoptee may apply to the Secretary for a copy of:

(i) the adoptee’s original certificate of birth;

(ii) the new certificate of birth, if any, that was substituted, under § 4–211 of the Health – General Article, for the adoptee’s original certificate of birth;

(iii) all records that relate to the adoptee’s new certificate of birth; and

(iv) the report of the adoptee’s order of adoption filed by the clerk of court under § 4–211 of the Health – General Article.

(3) Each applicant under this subsection shall:

(i) provide all proof of identity and other relevant information that the Secretary requires; and

(ii) pay the fee required under Title 4, Subtitle 2 of the Health – General Article for a copy of a record.

(e) (1) A biological parent may:

(i) file with the Director a disclosure veto, to bar disclosure of information about that parent in a record accessible under this section;

(ii) cancel a disclosure veto at any time; and

(iii) refile a disclosure veto at any time.

(2) An adoptee 21 years old may:

(i) file with the Director a disclosure veto, to bar disclosure of information about the adoptee in a record accessible under this section;

(ii) cancel a disclosure veto at any time; and

(iii) refile a disclosure veto at any time.

(3) Immediately after the Director receives a disclosure veto or cancellation under this subsection, the Director shall forward a copy to the Secretary.

(f) (1) The Secretary shall adopt regulations to carry out this section.

(2) Subject to paragraphs (3) and (4) of this subsection, the Secretary shall give to each applicant who meets the requirements of this section a copy of each record that the applicant requested and that the Secretary has on file.

(3) Whenever a biological parent applies for a record, the Secretary shall redact from the copy all information as to:

(i) the other biological parent, if that parent has filed a disclosure veto in accordance with this section; and

(ii) the adoptee and each adoptive parent, if the adoptee has filed a disclosure veto in accordance with this section.

(4) Whenever an adoptee applies for a record, the Secretary shall redact from the copy all information as to the biological parent, if that parent has filed a disclosure veto in accordance with this section.

(5) The Secretary shall give each applicant under this section notice of the adoption search, contact, and reunion services available under this title.
Md. Code, Natural Resources § 5-1608 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1608
§5–1608.
Status: in_force

(a) The review of the forest conservation plan shall be concurrent with the review process of the State or local authority for the subdivision plan, or the grading or sediment control permit, whichever may be submitted first.

(b) Before the approval of the final subdivision plan, or the issuance of the grading or sediment control permit by the State or local authority, the applicant shall have an approved forest conservation plan that shall include the requirements in §§ 5-1605, 5-1606, and 5-1607 of this subtitle.

(c) (1) Any person found to be in noncompliance with this subtitle, regulations adopted under this subtitle, the forest conservation plan or the associated 2-year management agreement shall be assessed by the Department or local authority, the penalty of 30 cents per square foot of the area found to be in noncompliance with required forest conservation.

(2) This amount shall be paid into the appropriate local or State Forest Conservation Fund.
Md. Code, Local Government § 5-104 — MD Code / Article glg / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

A municipality may contract with a county to dispose of garbage or other matter collected in the municipality at an incinerator or plant operated under § 13–403 of this article.
Md. Code, Health - General § 5-611 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-611
§5–611.
Status: in_force

(a) Except as provided in § 5–613(a)(3) of this subtitle, nothing in this subtitle may be construed to require a physician or physician assistant to prescribe or render medical treatment to a patient that the physician or physician assistant determines to be ethically inappropriate.

(b) (1) Except as provided in § 5–613(a)(3) of this subtitle, nothing in this subtitle may be construed to require a physician or physician assistant to prescribe or render medically ineffective treatment.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, a patient’s attending physician may withhold or withdraw as medically ineffective a treatment that under generally accepted medical practices is life–sustaining in nature only if the patient’s attending physician and a second physician certify in writing that the treatment is medically ineffective and the attending physician informs the patient or the patient’s agent or surrogate of the physician’s decision.

(ii) If the patient is being treated in the emergency department of a hospital and only one physician is available, the certification of a second physician is not required.

(c) Nothing in this subtitle may be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.

(d) A health care provider shall make reasonable efforts to provide an individual with food and water by mouth and to assist the individual as needed to eat and drink voluntarily.

(e) (1) Nothing in this subtitle is intended to preclude a separate decision by a health care agent or surrogate regarding the provision of or the withholding or withdrawal of nutrients and fluids administered by artificial means.

(2) Nothing in this subtitle authorizes any action with respect to medical treatment, if the health care provider is aware that the patient for whom the health care is provided has expressed disagreement with the action.
Md. Code, General Provisions § 5-103 — MD Code / Article ggp / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) The determination of whether an individual is a public official for the purposes of this title shall be made in accordance with this section.

(b) Except as provided in subsection (f) of this section, the following individuals in executive units are public officials:

(1) an individual who receives compensation at a rate equivalent to at least State grade level 16, or who is appointed to a board, if the Ethics Commission determines under § 5–208 of this title that:

(i) the individual, acting alone or as a member of an executive unit, has decision–making authority or acts as a principal advisor to an individual with decision–making authority:

1. in making State policy in an executive unit; or

2. in exercising quasi–judicial, regulatory, licensing, inspecting, or auditing functions; and

(ii) the individual’s duties are not essentially administrative and ministerial;

(2) any other individual in an executive unit if the Ethics Commission determines that the individual, acting alone or as a member of the executive unit, has decision–making authority or acts as a principal advisor to an individual with decision–making authority in drafting specifications for, negotiating, or executing contracts that commit the State or an executive unit to spend more than $10,000 in a year;

(3) a member, appointee, or employee of the Maryland Stadium Authority;

(4) a member, appointee, or employee of the Canal Place Preservation and Development Authority;

(5) a member of the Emergency Medical Services Board; and

(6) except in counties in which a county council or board of county commissioners sits as a board of license commissioners or a liquor control board, a member or employee of a board of license commissioners or a liquor control board.

(c) Except as provided in subsection (f) of this section, an individual in the Legislative Branch is a public official if the individual:

(1) receives compensation at a rate equivalent to at least State grade level 16; and

(2) is designated a public official by order of the presiding officers of the General Assembly.

(d) (1) (i) In this paragraph, “individual in the Judicial Branch” includes an individual who is:

1. employed in the office of a clerk of court;

2. paid by a county to perform services in an orphans’ court or circuit court;

3. employed by the Attorney Grievance Commission;

4. employed by the State Board of Law Examiners; or

5. employed by the Supreme Court of Maryland Standing Committee on Rules of Practice and Procedure.

(ii) Except as provided in paragraph (2) of this subsection or subsection (f) of this section, an individual in the Judicial Branch is a public official if the individual receives compensation at a rate equivalent to at least State grade level 16.

(2) The Ethics Commission may exclude the individuals in a position in the Judicial Branch from inclusion as public officials under paragraph (1)(ii) of this subsection:

(i) on the recommendation of the State Court Administrator; and

(ii) if the Ethics Commission determines that the position does not have policy, policy advice, quasi–judicial, or procurement functions.

(e) A member of a bicounty commission is a public official.

(f) The following are not public officials:

(1) a State official;

(2) an individual employed on a contractual basis unless the individual is:

(i) employed on a full–time basis for more than 6 months; and

(ii) designated as a public official under subsection (b)(1) or (c) of this section; and

(3) a part–time or full–time faculty member at a State institution of higher education:

(i) as to subsection (b)(2) of this section, only when the individual is acting in the capacity of a faculty member; and

(ii) as to any other provision of this section, unless the individual also:

1. is employed in another position that causes the individual to be designated as a public official; or

2. directly procures, directly influences, or otherwise directly affects the formation or execution of any State contract, purchase, or sale, as established by regulations adopted by the Ethics Commission and approved by the Joint Committee on Administrative, Executive, and Legislative Review.
Md. Code, Family Law § 5-1048 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1048
§5–1048.
Status: in_force

A finding of paternity established in any other state shall have the same force and effect in a proceeding under this subtitle as in any other civil proceeding in this State if:

(1) with respect to an adjudication of paternity, the finding was established by a court or by an administrative process that includes a right to appeal to a court; or

(2) with respect to a finding of paternity that is based on an affidavit of parentage, the affidavit was signed after each signatory to the affidavit was advised of their legal rights.
Md. Code, Transportation § 5-823 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-823
§5–823.
Status: in_force

(a) The Executive Director may acquire, by purchase or condemnation, any property for noise compatibility purposes in any noise zone surrounding a State-owned airport.

(b) Any property acquired under subsection (a) of this section may be resold, with or without deed restrictions, or leased, wholly or partly. However, if the disposition of an interest in real property is for a nonairport related use, it shall be made in accordance with plans of the political subdivision in which the property is located.
Md. Code, Criminal Law § 5-704 — MD Code / Article gcr / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

The Department may adopt regulations to administer and enforce §§ 5-701 through 5-703 of this subtitle.
Md. Code, Labor and Employment § 5-203 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) To inspect excavation work for the Commissioner, the Commissioner may deputize an individual who:

(1) is employed by a county, a municipal corporation, or the Washington Suburban Sanitary Commission or other similar authority;

(2) has the approval of the chief of the unit for which the employee works; and

(3) has attended a training course that the Division of Labor and Industry conducts and, on completion of the course, has passed an examination.

(b) An individual deputized under subsection (a) of this section:

(1) may inspect excavation work only in the county, municipal corporation, or other jurisdiction of any other authority that employs the individual;

(2) has the authority of a safety inspector of the Division of Labor and Industry; and

(3) shall report to the Commissioner on each action related to an inspection under this section, on a form that the Commissioner provides.
Md. Code, Health - General § 5-609 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

(a) (1) A health care provider is not subject to criminal prosecution or civil liability or deemed to have engaged in unprofessional conduct as determined by the appropriate licensing authority as a result of withholding or withdrawing any health care under authorization obtained in accordance with this subtitle.

(2) A health care provider providing, withholding, or withdrawing treatment under authorization obtained under this subtitle does not incur liability arising out of any claim to the extent the claim is based on lack of consent or authorization for the action.

(b) A person who authorizes the provision, withholding, or withdrawal of life–sustaining procedures in accordance with a patient’s advance directive, a “Medical Orders for Life–Sustaining Treatment” form, or as otherwise provided in this subtitle is not subject to:

(1) Criminal prosecution or civil liability for that action; or

(2) Liability for the cost of treatment solely on the basis of that authorization.

(c) (1) The provisions of this section shall apply unless it is shown by a preponderance of the evidence that the person authorizing or effectuating the provision, withholding, or withdrawal of life–sustaining procedures in accordance with this subtitle did not, in good faith, comply with the provisions of this subtitle.

(2) The distribution to patients of written advance directives in a form provided in this subtitle and assistance to patients in the completion and execution of such forms does not constitute the unauthorized practice of law.

(d) An advance directive made in accordance with this subtitle shall be presumed to have been made voluntarily by a competent individual. Authorization for the provision, withholding, or withdrawal of life–sustaining procedures in accordance with this subtitle shall be presumed to have been made in good faith.
Md. Code, Estates and Trusts § 5-302 — MD Code / Article get / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) On a request for administrative probate contained in a petition for probate, the register:

(1) May admit a will to probate; and

(2) Shall appoint one or more personal representatives on the basis of the allegations contained in the petition.

(b) The register may require additional verified proof, which shall be filed in the proceeding.
Md. Code, Financial Institutions § 5-507 — MD Code / Article gfi / Title 5 / Subtitle 5 / Section 5-507
§5–507.
Status: in_force

(a) If a banking institution rejects an application for a residential mortgage loan, the banking institution shall give the applicant, at the applicant’s request, written notice of the rejection.

(b) The applicant may use this written notice as evidence of rejection for purposes of the Maryland Home Financing Program.
Md. Code, Corporations and Associations § 5-113 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-113
§5–113.
Status: reserved

(a) A professional corporation shall acquire, or cause to be acquired by a qualified person, the stock of a stockholder, at a price that represents the fair value of the stock as of the date of death or disqualification of the stockholder or transfer of the stock if:

(1) The stockholder dies;

(2) Except as provided in subsection (c) of this section, the stockholder becomes a disqualified person; or

(3) Except as provided in subsection (c) of this section, the stock is transferred by operation of law or court judgment to a disqualified person.

(b) (1) If the price for stock is determinable in accordance with the articles of incorporation or bylaws of the corporation, or by private agreement, that price controls.

(2) If the price is not determinable, under paragraph (1) of this subsection, the corporation shall acquire the stock in accordance with the provisions of § 5-114 of this subtitle.

(3) If the disqualified person rejects the corporation’s purchase offer, either the disqualified stockholder, personal representative, transferee, or the corporation may commence a proceeding under § 5-115 of this subtitle to determine the fair value of the stock.

(c) This section does not require the acquisition of stock in the event of disqualification if the disqualification lasts less than 5 months from the date the disqualification or transfer occurs.

(d) This section and § 5-114 of this subtitle do not prevent or relieve a professional corporation from paying pension benefits or other deferred compensation to a former stockholder if otherwise permitted by law, including amounts payable pursuant to an agreement between a judge and his former law firm as provided in § 1-203 of the Courts Article.

(e) A provision for the acquisition of stock contained in a professional corporation’s articles of incorporation or bylaws, or in a private agreement, is specifically enforceable.
Md. Code, Public Utilities § 5-203 — MD Code / Article gpu / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) This section does not apply to a merger of or transfer of stock or other ownership interest between:

(1) a telephone company; and

(2) another entity with a greater than 50% ownership in common with the telephone company.

(b) Subject to § 6–101 of this article, without prior authorization of the Commission, a public service company may not purchase, acquire, take, or hold any part of the capital stock of another public service company that operates in Maryland.

(c) (1) This subsection applies to corporations that operate in Maryland.

(2) Except as provided in paragraph (5) of this subsection, without prior authorization of the Commission, a public service company may not:

(i) assume or guarantee an obligation or liability with respect to stocks, bonds, securities, notes, or other evidence of indebtedness that is payable as a whole or in part to any person more than 12 months after the date of issuance; or

(ii) issue stocks, bonds, securities, notes, or other evidence of indebtedness payable as a whole or in part more than 12 months after the date of issuance.

(3) Stocks, bonds, securities, notes, or other evidence of indebtedness described under paragraph (2)(ii) of this subsection shall be issued in accordance with §§ 6–102 and 6–103 of this article.

(4) The Commission shall take action on an application for authorization under this section within a reasonable time after receipt.

(5) Prior authorization of the Commission is not required for an assumption or guarantee under paragraph (2)(i) of this subsection or an issuance under paragraph (2)(ii) of this subsection made by a gas company, electric company, or telephone company whose gross annual revenues, for the most recent calendar year for which data are available, are less than 3% of the total gross annual revenues of all public service companies in the State during the same calendar year, if the gas company, electric company, or telephone company:

(i) provides prior written notice to the Commission of the transaction; and

(ii) obtains approval of the transaction from the entity in another state that regulates the gas company, electric company, or telephone company.
Md. Code, Business Occupations and Professions § 5-307 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) Except as otherwise provided in § 5–307.1 of this subtitle, an applicant is entitled to be examined as provided in this section if the applicant:

(1) otherwise qualifies for a license under this title; and

(2) pays an examination fee, as established by the Board in accordance with § 5–205 of this title and § 5–306 of this subtitle, to the Board or the Board’s designee.

(b) The Board periodically shall give examinations to applicants at the times and places that the Board determines.

(c) The Board shall give each qualified applicant notice of the time and place of examination.

(d) (1) Except as provided in paragraph (2) of this subsection, the Board shall determine the subjects, scope, and form of and the passing score for examinations given under this subtitle.

(2) (i) An examination may consist of written and practical parts.

(ii) An applicant may take a written examination when the applicant has completed at least 1,380 hours of the 1,500 hours of training in a cosmetology school required under § 5–304(a)(4)(i)2 of this subtitle.

(iii) An applicant who has completed 1,500 hours of training as specified in subparagraph (ii) of this paragraph may take the written and practical parts of an examination during one administration of the examination.

(e) The Board or the Board’s designee shall mail or electronically transmit to each applicant notice of the applicant’s examination result.
Md. Code, Economic Development § 5-2201 — MD Code / Article gec / Title 5 / Subtitle 22 / Section 5-2201
§5–2201.
Status: in_force

§5–2201. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 485 OF 2022 //

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

(b) “Covered individual” has the meaning stated in § 11–606 of the Labor and Employment Article.

(c) “Fund” means the Maryland New Start Microloan Program Fund.

(d) “Program” means the Maryland New Start Microloan Program.
Md. Code, Family Law § 5-3A-40 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-40
§5–3A–40.
Status: in_force

(a) (1) (i) On request of an adoptee or adoptive or former parent of an adoptee and without a showing of a need, a child placement agency shall provide information, other than identifying information, in its adoption record on the adoptee.

(ii) If a child placement agency denies a request under this paragraph, then on petition of an adoptee or adoptive or former parent and without a showing of need, a court shall order access for the petitioner to inspect, in accordance with subsection (b) of this section, the agency’s record on the adoptee.

(2) On petition of an adoptee or adoptive or former parent of an adoptee and without a showing of need, a court shall order access for the petitioner to inspect, in accordance with subsection (b) of this section, the court’s record on the adoptee.

(b) A court may not order opened for inspection under this section any part of a record that contains identifying information.
Md. Code, Transportation § 5-207 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) In this section, “State airway” means any route designated by the Administration as a route suitable for air navigation above the land or waters of this State.

(b) (1) Subject to paragraph (2) of this subsection, the Administration may:

(i) Designate, design, and establish, expand, or modify a State airways system that best serves the interest of this State; and

(ii) As required in the public interest, chart the system and arrange for publication and distribution of maps, charts, notices, and bulletins relating to the airways.

(2) A State airway may not be established, expanded, or modified unless, after a hearing open to interested parties, the Administration finds that such action is necessary to the safety and advancement of aeronautics in this State.

(c) The State airways system:

(1) Shall be supplementary to and coordinated in design and operation with the federal airways system; and

(2) May include any type of publicly or privately owned air navigation facility conforming to federal safety standards.
Md. Code, Health Occupations § 5-404 — MD Code / Article gho / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

The Board may issue a cease and desist order or obtain injunctive relief for a violation of any provision of § 5–401 or § 5–402 of this subtitle.
Md. Code, Economic Development § 5-440 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-440
§5–440.
Status: in_force

(a) The Authority may not charge a premium for insurance if the Authority determines that, at the time the insurance is approved, the facility or business for which the Authority provides insurance is located in a Tier I county.

(b) A determination by the Authority under subsection (a) of this section for a facility or business is effective for as long as the financial assistance is in effect.
Md. Code, Human Services § 5-415 — MD Code / Article ghu / Title 5 / Subtitle 4 / Section 5-415
§5–415.
Status: in_force

(a) (1) A local department may pay the reasonable funeral expenses of a decedent who was a:

(i) recipient of public assistance, including temporary cash assistance or public assistance to adults; or

(ii) State resident receiving Supplemental Security Income under Title XVI of the Social Security Act.

(2) The funeral expenses paid by the local department may not exceed $900.

(b) A local department may not pay funeral expenses under this section unless:

(1) each person legally responsible for the support of the decedent is unable to pay the expenses; and

(2) other resources, including available death benefits of the estate, are insufficient to pay the expenses.

(c) Payments provided in accordance with this section shall be charged to State funds.
Md. Code, Family Law § 5-1013 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1013
§5–1013.
Status: in_force

(a) A party under legal disability need not proceed by guardian, committee, or next friend or defend by guardian ad litem, committee, or court-appointed counsel under this subtitle.

(b) Any proceeding under this subtitle by or against a party under legal disability and any action taken by counsel on behalf of a party under legal disability is binding on that party as if that party were not under legal disability.

(c) Any person who has knowledge of a party’s legal disability shall advise the court of that disability. This duty to advise the court applies particularly to the counsel for the parties.

(d) The court may take any action and order any proceedings that the court considers just and proper to protect the rights of a party under legal disability.
Md. Code, General Provisions § 5-516 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-516
§5–516.
Status: in_force

(a) A complaint alleging that a member of the General Assembly may have violated standards of ethical conduct, including § 2–108 of the State Government Article, may be filed with the Joint Ethics Committee by:

(1) a written statement from any person, accompanied by an affidavit, setting forth the facts on which the statement is based;

(2) motion of a majority of the membership of the Joint Ethics Committee; or

(3) referral of a matter to the Joint Ethics Committee by a presiding officer of the General Assembly as provided in § 2–706(a)(5) of the State Government Article.

(b) (1) The Joint Ethics Committee shall provide a copy of each complaint filed under subsection (a) of this section to the presiding officer of the house of the legislator who is the subject of the complaint.

(2) Based on the information contained in a complaint provided to a presiding officer under paragraph (1) of this subsection, if a presiding officer determines that it is inappropriate for a Joint Ethics Committee member from that house to consider a particular matter, the presiding officer shall appoint a substitute member to the Joint Ethics Committee for its consideration of the matter.
Md. Code, Courts and Judicial Proceedings § 5-1102 — MD Code / Article gcj / Title 5 / Subtitle 11 / Section 5-1102
§5–1102.
Status: reserved

(a) A direct or indirect transfer of structured settlement payment rights to a transferee is effective as provided in this subtitle.

(b) A structured settlement obligor or annuity issuer may not make any payment directly or indirectly to a transferee of structured settlement payment rights unless the transfer is authorized in an order of a court based on express findings that:

(1) The transfer is necessary, reasonable, and appropriate and in the best interest of the payee, taking into account the welfare and support of the payee’s dependents;

(2) The financial terms of the transfer agreement are fair to all parties, taking into account:

(i) The difference between the amount payable to the payee and the discounted present value of the payments to be transferred; and

(ii) The discount rate applicable to the transfer;

(3) The payee received independent professional advice concerning the proposed transfer; and

(4) At least 10 days before the date on which the payee signed the transfer agreement, the transferee provided to the payee a separate disclosure statement, in at least 14 point boldface type, that states:

(i) The amounts and due dates of the structured settlement payments to be transferred;

(ii) The aggregate amount of the payments to be transferred;

(iii) The discounted present value of the payments to be transferred;

(iv) The amount payable to the payee in exchange for the payments to be transferred;

(v) An itemized listing of all brokers’ commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, notary fees, and other charges payable by the payee or deductible from the gross amount otherwise payable to the payee, except attorney’s fees and related disbursements;

(vi) The transferee’s best estimate of the amount of any attorney’s fees and disbursements payable by the payee or deductible from the gross amount otherwise payable to the payee;

(vii) The net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges described in items (v) and (vi) of this item;

(viii) The discount rate applicable to the transfer, which shall be disclosed in the following statement: “Based on the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you will, in effect, be paying interest to us at a rate of __ percent per year.”;

(ix) The amount of any penalty or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and

(x) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, at any time before the transfer is authorized by a court under this subtitle.
Md. Code, Agriculture § 5-504 — MD Code / Article gag / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

(a) Except as provided in this section, a person may not keep a colony or possess bee equipment that is infected with an infectious bee disease.

(b) Each beekeeper with an infected colony shall notify the Department.

(c) A beekeeper may not sell, barter, or give to any person any infected colony, bee equipment, or appliance unless it is treated in a manner that the Department approves.

(d) (1) The Department may do any of the following:

(i) After sending to the beekeeper a written notice of quarantine, quarantine any apiary containing an infected colony or bee equipment;

(ii) Order treatment of an infected colony or bee equipment; and

(iii) Order destruction of an infected colony or bee equipment.

(2) A quarantine shall remain in effect until the Department issues a written release of the quarantine.

(3) The Department shall instruct the beekeeper on any treatment or destruction that is ordered under this section.
Md. Code, Economic Development § 5-428 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-428
§5–428.
Status: in_force

With the consent of the Secretary, the Authority may pay to the Treasurer, to the credit of the General Fund, money that the Authority determines exceeds the amount necessary to meet:

(1) the obligations of the Authority under this subtitle; and

(2) the requirements of this subtitle.
Md. Code, Transportation § 5-506 — MD Code / Article gtr / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: reserved

(a) There is a Board of Airport Zoning Appeals in the Department.

(b) (1) The Board consists of 10 members appointed by the Governor with the advice of the Secretary and the advice and consent of the Senate.

(2) Of the members of the Board:

(i) Three shall be residents of Anne Arundel County;

(ii) Three shall be residents of Baltimore County;

(iii) Two shall be residents of Howard County; and

(iv) Two, including the Chairman, shall be residents of a county other than those counties specified in items (i), (ii), and (iii) of this paragraph.

(3) The Governor shall designate one of the members of the Board as its Chairman.

(c) (1) Each member serves for a term of 4 years and until his successor is appointed and qualifies. The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 1982.

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

(d) The Department may employ the personnel necessary to enable the Board to exercise its powers and perform its duties properly.

(e) A member or employee of the Board is entitled to the compensation provided in the State budget. A member of the Board also is entitled to reimbursement for expenses, in accordance with the Standard State Travel Regulations of the Department of Budget and Management.

(f) The Board has the powers and duties set forth in § 5-507 of this subtitle and shall comply with all the applicable provisions of Subtitle 6 of this title.

(g) The Board shall sit in panels as follows:

(1) If an application for a variance or an appeal to the Board concerns property located in Anne Arundel County or Howard County, the Board panel shall consist of all members except those who are from Baltimore County; and

(2) If an application for a variance or an appeal to the Board concerns property located in Baltimore County, the Board panel shall consist of all members except those who are from Anne Arundel County and Howard County.
Md. Code, Corporations and Associations § 5-514 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-514
§5–514.
Status: in_force

(a) Subject to the provisions of this section, the bylaws may provide for:

(1) The division into districts of the territory in which the cooperative has members; and

(2) The election of directors according to these districts by the members residing in them.

(b) If there is a provision for election by districts, the bylaws shall specify:

(1) The number of directors to be elected from each district; and

(2) The manner and method of apportioning or reapportioning the directors and of districting or redistricting the territory.

(c) If there is a provision for election by districts, the bylaws shall require that:

(1) Primary elections be held in each district;

(2) The number of candidates in each district be greater than the number of directors to be elected in the district; and

(3) The result of the primary elections in each district be ratified at the next regular meeting of the cooperative by majority vote of the members voting in person or by mail.
Md. Code, Financial Institutions § 5-509 — MD Code / Article gfi / Title 5 / Subtitle 5 / Section 5-509
§5–509.
Status: in_force

(a) Each banking institution shall be a member of the Federal Deposit Insurance Corporation unless the institution is not in the business of accepting deposits or retaining funds in a deposit account. A banking institution is not in the business of accepting deposits if it accepts a deposit as a trustee or custodian and is not in the business of retaining deposits if the deposits do not remain in a deposit account of the institution for more than two consecutive banking days. Any institution which is not in the business of accepting deposits or retaining funds in a deposit account as defined in this section shall not be bound by the provisions of § 5–403(c)(2) of this title.

(b) If approved by a majority of its directors, a banking institution may:

(1) Become and participate as a member of the Federal Reserve System; or

(2) Withdraw from the system.
Md. Code, Alcoholic Beverages and Cannabis § 5-104 — MD Code / Article gab / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

A beer manufacturer may not:

(1) induce or coerce, or attempt to induce or coerce, a beer distributor to accept delivery of an alcoholic beverage, any form of advertisement, or another commodity that the beer distributor did not order;

(2) induce or coerce, or attempt to induce or coerce, a beer distributor to do an illegal act or thing, or to do an act unfair to the beer distributor, by threatening to cancel, terminate, or refuse to renew a beer franchise agreement that exists between the beer manufacturer, or its representative, and the beer distributor; or

(3) fail or refuse to deliver to a beer distributor with a beer franchise agreement any beer that the beer manufacturer or its agents advertised publicly for immediate sale promptly after the beer manufacturer received an order from the beer distributor.
Md. Code, State Finance and Procurement § 5A-402 — MD Code / Article gsf / Title 5A / Subtitle 4 / Section 5A-402
§5A–402.
Status: in_force

(a) There is a Maryland Advisory Committee on Historic Agricultural Structure Preservation.

(b) (1) The Committee consists of 10 members.

(2) The ex officio members are:

(i) the Secretary of Agriculture, or the Secretary’s designee;

(ii) the Secretary of Commerce, or the Secretary’s designee;

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

(iv) the Director of the Maryland Historical Trust; and

(v) the Director of the Maryland Cooperative Extension.

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

(i) one shall be from a list of at least two nominees representing the Maryland State Grange;

(ii) one shall be from a list of at least two nominees representing the Maryland Farm Bureau;

(iii) two shall be individuals actively engaged in agriculture; and

(iv) one shall be a member of the Maryland Environmental Trust.

(c) The Secretary of Planning serves as chair.

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

(e) A member of the Committee:

(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.
Md. Code, Corporations and Associations § 5-6B-23.2 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-23.2
§5–6B–23.
Status: in_force

§5–6B–23.2.

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

(2) “Common area” means any area in a cooperative project in which members have a possessory interest in common.

(3) (i) “Sensitive information” means an individual’s:

1. Social Security card or Social Security number;

2. Individual Taxpayer Identification Number;

3. Birth certificate;

4. Racial or ethnic origin;

5. National origin;

6. Citizenship or immigration status;

7. Religious or philosophical beliefs; or

8. Medical records.

(ii) “Sensitive information” does not include an individual’s government–issued photo identification, such as a driver’s license.

(b) A cooperative housing corporation may not require a member or unit occupant, or the guest or child of a member or unit occupant, to provide sensitive information as a condition for accessing or using a recreational common area, such as a reading lounge, game room, playground, or swimming pool.
Md. Code, Public Utilities § 5-303 — MD Code / Article gpu / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

A public service company shall furnish equipment, services, and facilities that are safe, adequate, just, reasonable, economical, and efficient, considering the conservation of natural resources and the quality of the environment.