Md. Code, Natural Resources § 5-104 — MD Code / Article gnr / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

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

(2) “Conserve” means to permanently protect land from development through purchase, donation, a perpetual conservation or an open space easement, or fee ownership in order to preserve the cultural, historical, ecological, or agricultural value of the land.

(3) “Program” means the 40 x 40 Land Conservation Implementation Grant Program established under subsection (c) of this section.

(4) “Smart Growth Subcabinet” means the Smart Growth Subcabinet established under § 9–1406 of the State Government Article.

(5) “Trust” means the Maryland Environmental Trust.

(b) (1) It is the intent of the General Assembly that:

(i) By 2030, 30% of lands in the State be conserved; and

(ii) By 2040, 40% of lands in the State be conserved.

(2) The conservation goals established under paragraph (1) of this subsection shall be accomplished through multiple efforts, including:

(i) Working with local communities, counties, municipalities, American Indian communities, and private landowners to conserve natural places and resources;

(ii) Improving access to nature for all individuals in the State, including communities of color and economically disadvantaged communities;

(iii) Sequestering carbon and greenhouse gas emissions in the lands and waters of the State;

(iv) Increasing public incentives for private landowners to voluntarily conserve and protect areas of demonstrated conservation value and areas that have a high capacity to sequester carbon and greenhouse gas emissions;

(v) Focusing conservation work at a large landscape scale that is biologically and ecologically meaningful;

(vi) Preventing the extinction of native plant and animal species by recovering and restoring the species;

(vii) Stabilizing ecosystems and ecosystem services, restoring degraded ecosystems, and maintaining ecological functions; and

(viii) Increasing economic opportunities for farmers, ranchers, fishers, and foresters.

(c) (1) The Trust shall administer a 40 x 40 Land Conservation Implementation Grant Program to support implementation of the goals established under subsection (b) of this section.

(2) Program grants shall:

(i) Be awarded each year on a competitive basis to a nonprofit organization that focuses on supporting the permanent conservation of the lands of the State; and

(ii) Provide at least:

1. $150,000 to the grant recipient for the purpose of providing tools and resources, organizational support, and capacity building to local land trusts; and

2. $100,000 to the grant recipient for the purpose of providing statewide educational conferences and trainings for local land trusts on the topics of easement acquisition, conservation programs and tools, land management and stewardship, and other relevant subjects.

(3) In fiscal year 2025 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation of $250,000 to the Trust for the purpose of providing the grants required under this subsection.

(d) (1) In order to meet the conservation goals established under subsection (b) of this section, the Smart Growth Subcabinet, in coordination with relevant stakeholders, shall:

(i) Coordinate the actions of State agencies, local governments, and nongovernmental partners;

(ii) On or before July 1, 2024, develop and publish a plan to meet the State’s conservation goals and update the plan as needed, but not less than every 5 years thereafter; and

(iii) On or before December 1, 2024, and each December 1 thereafter, report to the Senate Education, Energy, and the Environment Committee and the House Environment and Transportation Committee, in accordance with § 2–1257 of the State Government Article, on the State’s progress toward meeting the conservation goals.

(2) The Smart Growth Subcabinet shall make the annual report required under paragraph (1)(iii) of this subsection available on its website.
Md. Code, Family Law § 5-3B-30 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-30
§5–3B–30.
Status: in_force

(a) Subject to subsection (b) of this section, access to a dental or medical record of an adopted minor may not be denied to a parent of the minor because the parent is an adoptive parent.

(b) Access to a dental or medical record under this section may not include access to any part of the record that has identifying information as to a former parent of the minor.
Md. Code, Business Occupations and Professions § 5-305 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

(a) To qualify for a limited license to practice cosmetology, an applicant shall be an individual who meets the requirements of this section.

(b) An applicant for a limited license to provide esthetic services shall:

(1) be at least 17 years old;

(2) have completed successfully a 9th grade education or the equivalent;

(3) have received training by:

(i) serving as a registered apprentice for at least 6 months as provided under §§ 5–404 and 5–405 of this title; or

(ii) successfully completing at least 600 hours of instruction in providing esthetic services in a cosmetology school approved by the State Department of Education or the Maryland Higher Education Commission in consultation with the Board; and

(4) have completed 1 hour of in–person or virtual training in domestic violence awareness under § 5–305.1 of this subtitle.

(c) An applicant for a limited license to provide eyelash extension services shall:

(1) be at least 17 years old;

(2) have completed successfully a 9th grade education or the equivalent; and

(3) (i) have received training by:

1. serving as a registered apprentice for at least 3 months as provided under §§ 5–404 and 5–405 of this title; or

2. successfully completing at least 100 hours of instruction in providing eyelash extension services in a cosmetology school approved by the State Department of Education or the Maryland Higher Education Commission in consultation with the Board; or

(ii) pass a practical and written examination administered by the Board.

(d) An applicant for a limited license to provide hair services shall:

(1) be at least 17 years old;

(2) have completed successfully a 9th grade education or the equivalent;

(3) have received training by:

(i) serving as a registered apprentice for at least 15 months as provided under §§ 5–404 and 5–405 of this title; or

(ii) successfully completing at least 1,200 hours of instruction providing hair services in a cosmetology school approved by the State Department of Education or the Maryland Higher Education Commission in consultation with the Board; and

(4) have completed 1 hour of in–person or virtual training in domestic violence awareness.

(e) An applicant for a limited license to provide hair services – blow drying shall:

(1) be at least 17 years old;

(2) have completed successfully a 9th grade education or the equivalent;

(3) have received training by successfully completing at least 350 hours of instruction providing hair services – blow drying in a cosmetology school approved by the State Department of Education or the Maryland Higher Education Commission in consultation with the Board; and

(4) have completed 1 hour of in–person or virtual training in domestic violence awareness.

(f) An applicant for a limited license to provide nail technician services shall:

(1) be at least 17 years old;

(2) have successfully completed a 9th grade education or the equivalent;

(3) have received training by:

(i) serving as a registered apprentice for at least 3 months as provided under §§ 5–404 and 5–405 of this title; or

(ii) successfully completing at least 250 hours of instruction in providing nail technician services in a cosmetology school approved by the State Department of Education or the Maryland Higher Education Commission in consultation with the Board; and

(4) have completed 1 hour of in–person or virtual training in domestic violence awareness under § 5–305.1 of this subtitle.

(g) If an applicant is licensed to practice as an esthetician, eyelash extension technician, hairstylist, hairstylist – blow drying technician, or nail technician in another state or foreign country, the applicant meets the training requirements of this section if the applicant has held a limited license in the other state or foreign country and has actively practiced in the other state or foreign country for a period of 6 months.

(h) An applicant for a limited license shall pass an examination given by the Board under this subtitle.
Md. Code, Family Law § 5-345 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-345
§5–345.
Status: in_force

(a) If, after termination of parental rights as to a child, there is an open guardianship case, a petition for adoption of the child may be filed only as provided in this Part IV of this subtitle.

(b) (1) Any adult may petition a juvenile court for an adoption under this Part IV of this subtitle.

(2) If a petitioner under this section is married, the petitioner’s spouse shall join in the petition unless the spouse:

(i) is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; or

(ii) is not competent to join in the petition.

(c) (1) A petitioner under this section shall attach to a petition:

(i) 1. all written consents required under § 5-350 of this subtitle; or

2. if applicable:

A. proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and

B. certification that the guardianship or relinquishment was granted in compliance with the jurisdiction’s laws;

(ii) a copy of an agreement, if any, for postadoption contact; and

(iii) a notice of filing that:

1. states the date on which the petition was filed;

2. identifies each governmental unit or person whose consent was filed with the petition;

3. if applicable, states that a postadoption agreement was filed with the petition; and

4. includes no identifying information that would be in violation of an agreement or consent.

(2) In addition to a copy of an agreement for postadoption contact, a petitioner shall file the original agreement under seal.

(d) If the marital status of a petitioner changes before entry of an order, the petitioner shall amend the petition accordingly.
Md. Code, Education § 5-301 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

In this subtitle, “Interagency Commission” means the Interagency Commission on School Construction established under § 5–302 of this subtitle.
Md. Code, Courts and Judicial Proceedings § 5-526 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-526
§5–526.
Status: in_force

(a) A member of a state legislature, including a member of the General Assembly of Maryland, who makes a communication on behalf of a constituent is not civilly liable for defamation unless the communication is false and made with knowledge of or in reckless disregard of its falsity.

(b) This section does not supersede or constitute a waiver of a member’s constitutional, statutory, or common law privileges or immunities.
Md. Code, Human Services § 5-401 — MD Code / Article ghu / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

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

(b) “Applicant” means an individual who applies for assistance under this part.

(c) “Assistance” means:

(1) cash payments to a recipient; and

(2) payments necessary for supplementary services for a recipient, including:

(i) the recipient’s funeral expenses as provided in § 5-415 of this subtitle; and

(ii) placement of the recipient in a suitable home or institution if:

1. the recipient lacks a legal guardian or other person legally responsible for the recipient’s support; and

2. the recipient consents.

(d) “Program” means the Public Assistance to Adults Program.

(e) “Recipient” means an individual who receives, or has received, assistance under this part.
Md. Code, Health - General § 5-619 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-619
§5–619.
Status: in_force

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

(b) “Advance directive” has the meaning stated in § 5–601 of this subtitle.

(c) “Registrant” means an individual who registers an advance directive with an electronic advance directives service recognized by the Maryland Health Care Commission.
Md. Code, Corporations and Associations § 5-650.1 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-650.1
§5–650.
Status: in_force

§5–650.1.

(a) In this section, “nonescheat capital credits” means money:

(1) Due to any past member of a cooperative in retirement of capital allocated on a patronage basis to the account of the past member for amounts received and receivable by the cooperative in excess of operating costs and expenses from the date of the cooperative’s incorporation in the State;

(2) For which at least 5 years have passed since the credits were retired; and

(3) That has not been claimed by the past member.

(b) A cooperative may use nonescheat capital credits only to:

(1) Assist members of the cooperative in accordance with the powers granted to the cooperative under § 5–607 of this subtitle; or

(2) Make donations to nonprofit, charitable organizations approved by the cooperative’s board of directors.

(c) Nothing in this section may be construed to relieve a cooperative of the obligation to refund nonescheat capital credits on application of a past member.
Md. Code, Family Law § 5-518 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-518
§5–518.
Status: in_force

(a) A person aggrieved by a final decision of the highest administrative appellate authority in a contested case may take any further appeal as allowed by the Administrative Procedure Act.

(b) If a further appeal is taken under this section:

(1) any criminal prosecution of the person for carrying on without a license an activity for which the person must be licensed under this subtitle shall be stayed pending the appeal;

(2) any injunction against the person for carrying on without a license an activity for which the person must be licensed under this subtitle shall be stayed pending the appeal; and

(3) the court has discretion as to the care, custody, or control of any child whose care, custody, or control is the responsibility of the person.
Md. Code, Human Services § 5-604 — MD Code / Article ghu / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) The Department may request and obtain from a fiduciary institution doing business in the State any financial records that the Department determines are necessary to verify or confirm an individual’s eligibility or ineligibility for public assistance.

(b) On a showing by an applicant for long–term care Medicaid benefits that the applicant has been unable to obtain from a fiduciary institution doing business in the State financial records related to financial and real property assets necessary to establish the applicant’s eligibility or ineligibility for Medicaid benefits, the Department shall request the records.

(c) (1) (i) The Department shall adopt regulations governing procedures for requesting, obtaining, and examining financial records that the Department determines are necessary to verify or confirm an individual’s eligibility or ineligibility for public assistance.

(ii) The regulations shall:

1. include reimbursement schedules necessary to compensate fiduciary institutions for complying with this section; and

2. state the requirements that an applicant must satisfy in order for the Department to request financial records under subsection (b) of this section.

(2) The Secretary shall notify a fiduciary institution of the officers or employees of the Department who are authorized to request and receive financial records from the fiduciary institution.

(3) An individual authorized to receive information under this section may not disclose any personally identifiable information obtained or maintained under this section.
Md. Code, Natural Resources § 5-1201 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1201
§5–1201.
Status: in_force

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

(b) In this subtitle, “open space” or “open area” means any space or area characterized by great natural scenic beauty, or whose existing openness, natural condition, and present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development, or maintain or enhance the conservation of natural or scenic resources.

(c) “State wildlands” means wildlands owned by the State and includes the following three types:

Type 1. A primitive area which by its size or location is in effect untouched by urban civilization, and can offer the experience of solitude and self-reliance. Since lands at the higher elevations are important for protection of watersheds, are ecologically vulnerable if unwisely altered by human interference, and may be uneconomic for logging or construction, they may be suitable for this classification.

Type 2. A unit of importance for all the natural sciences, especially ecology, and with outstanding value for education, research, and appreciation of natural processes. Preservation in the desired natural condition is the prevailing purpose of these holdings. Visitation shall be regulated to ensure this preservation on a permanent basis.

Type 3. An area which is not of ecological or primitive stature, but which has the appearance of being in an untouched natural state or is capable of attaining that appearance if held and managed for this purpose.

(d) “Wildlands” means limited areas of land or water which have retained their wilderness character, although not necessarily completely natural and undisturbed, or have rare or vanishing species of plant or animal life or similar features of interest worthy of preservation for use of present and future residents of the State. This may include unique ecological, geological, scenic, and contemplative recreational areas on State lands.
Md. Code, Natural Resources § 5-1221 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1221
§5–1221.
Status: in_force

Within three months after receipt of the proposal, the Secretary shall report to the Nature Conservancy his recommendations as to the suitability or nonsuitability of the proposal in relation to the State’s program of open space or wildland areas, with copies to the Board of Public Works, the President of the Senate, and the Speaker of the House of Delegates.
Md. Code, State Finance and Procurement § 5A-318 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-318
§5A–318.
Status: in_force

(a) The Board shall exercise the powers and duties of the Trust.

(b) The Trust may:

(1) adopt regulations to carry out this subtitle;

(2) take legal action to enforce this subtitle;

(3) adopt and use an official seal;

(4) contract for consultant or other services;

(5) apply for and accept money, grants, or loans from federal, State, local, or private sources;

(6) agree with a prospective mortgagor or grantee to provide financial assistance to a historic preservation project;

(7) acquire and hold real and personal historic property by gift, purchase, devise, bequest, or any other means;

(8) acquire or take assignment of a note, mortgage, or other security or evidence of indebtedness;

(9) acquire, attach, accept, or take title to an historic property by conveyance or, if a mortgage is in default, by foreclosure;

(10) sell, convey, assign, lease, or otherwise transfer or dispose of any property held by the Trust;

(11) make contracts, leases, or other agreements necessary or incidental to the performance of the duties of the Trust;

(12) preserve, restore, rehabilitate, reconstruct, protect, document, excavate, salvage, exhibit, and interpret historic properties;

(13) accept a gift or bequest for any purpose of the Trust and, unless the donor specifies otherwise, use the principal and income of the gift or bequest by:

(i) spending all or part of them to further the Trust; or

(ii) investing them, with the consent of the State Treasurer, in general obligations of the State or other securities;

(14) apply to Trust purposes any money, asset, property, or other thing of value the Trust receives incident to its operation; or

(15) delegate any of the powers of the Trust to one or more trustees or the Director.

(c) The Trust shall:

(1) direct and conduct a comprehensive statewide survey of historic properties in cooperation with:

(i) units of the federal government;

(ii) State units, including the Department of Natural Resources;

(iii) political subdivisions;

(iv) private organizations; and

(v) individuals;

(2) maintain an inventory and register of historic properties;

(3) document, research, record, and evaluate the significance of historic properties;

(4) prepare and implement comprehensive statewide and regional historic preservation plans;

(5) help political subdivisions to develop local historic preservation plans and programs;

(6) carry out programs and activities to protect, preserve, and encourage the preservation of historic properties;

(7) preserve and administer historic properties held by the Trust;

(8) cooperate with units of federal government, State units, political subdivisions, and private entities to ensure that historic properties are considered at all levels of planning and development;

(9) review the policies and programs of each State unit that affect historic properties, and recommend ways to improve the effectiveness and coordination of these policies and programs, consistent with this subtitle;

(10) administer programs of financial and technical assistance for historic preservation projects;

(11) make recommendations on the certification and eligibility of historic properties for tax incentives and other programs of public assistance;

(12) provide public information, education, and training relating to historic preservation;

(13) encourage public interest and participation in historic preservation;

(14) advise and assist the State Historic Preservation Officer in implementing the State Historic Preservation Officer’s responsibilities;

(15) advise the Governor and the General Assembly on historic preservation; and

(16) submit annually to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly a report of the activities of the Trust during the preceding year and any recommendations for actions appropriate to further its purposes.

(d) Income and fees received by the Trust, including fees authorized under this subtitle and income from educational and other preservation materials, activities, and services of the Trust, are not subject to § 7-302 of this article.

(e) Money maintained under this section is subject to audit by the State, including the Legislative Auditor.
Md. Code, Criminal Law § 5-404 — MD Code / Article gcr / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) Schedule III consists of each controlled dangerous substance by whatever official name, common or usual name, chemical name, or brand name:

(1) added to Schedule III by the Department under § 5–202(b) of this title; or

(2) designated as a Schedule III controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title.

(b) The Department may not add a substance to Schedule III under § 5–202 of this title unless the Department finds:

(1) a potential for abuse of the substance that is less than that for the substances listed in Schedule I and Schedule II;

(2) well documented and approved medical use of the substance in the United States; and

(3) evidence that abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
Md. Code, Human Services § 5-601 — MD Code / Article ghu / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

(a) In this section, “resident” means an individual who resides in this State on the date the individual applies for public assistance.

(b) Subject to § 5–314 of this title and as authorized under 21 U.S.C. § 862a(d)(1), the State removes itself from the application of § 115 of the federal Personal Responsibility and Work Opportunity Act of 1996 to allow the Department to provide temporary cash assistance and food stamps to a resident who has been convicted of a felony involving the possession, use, or distribution of a controlled dangerous substance.

(c) (1) Notwithstanding subsection (b) of this section, if a resident receiving temporary cash assistance or food stamps is found to be in violation of § 5–612 or § 5–613 of the Criminal Law Article, the resident is:

(i) ineligible for temporary cash assistance or food stamps for 1 year after the date of the conviction; and

(ii) subject to testing for substance abuse, as provided by the Department, and to treatment as required under § 5–314 of this title, for 2 years beginning on the later of:

1. the date the individual is released from incarceration;

2. the date the individual completes any term of probation; or

3. the date the individual completes any term of parole or mandatory supervision.

(2) A recipient who fails to comply with the testing required under this subsection or the treatment required under § 5–314 of this title or who tests positive for the abuse of controlled dangerous substances is subject to the sanctions provided under § 5–314 of this title.

(3) In consultation with the Maryland Department of Health, the Secretary shall adopt regulations to establish the testing methods and procedures, consistent with § 5–314 of this title, to be required by the Department under this subsection, including the intervals of testing and methods required.
Md. Code, Environment § 5-514 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-514
§5–514.
Status: in_force

(a) (1) In addition to being subject to an injunctive action under this subtitle, a person who violates any provision of this subtitle or any regulation, order, or permit adopted or issued under this subtitle is liable for a civil penalty not exceeding $10,000 per violation to be collected in a civil action brought by the Department.

(2) Each day a violation occurs or continues is a separate violation under this subsection.

(3) (i) Before bringing a civil action against a local government under this subsection, the Department shall meet and consult with the local government to seek an alternative resolution to the contested issue.

(ii) Prior consultation by the Department with the local government shall constitute compliance with this subsection.

(b) A person who violates a provision of this subtitle or a regulation adopted under this subtitle is subject to the penalties provided in § 9–343 of this article.

(c) (1) Except as provided in paragraph (2) of this subsection, all funds collected by the Department under this section, including any civil penalty or any fine imposed by a court under the provisions of this section, shall be paid into the Maryland Clean Water Fund.

(2) Funds collected by the Department under this section relating to an unsafe condition shall be paid into the Private Dam Repair Fund.
Md. Code, Economic Development § 5-544 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-544
§5–544.
Status: in_force

The Treasurer shall report each year to the Authority on:

(1) the status of the money invested under § 5-537 of this subtitle;

(2) the market value of the assets in the Fund as of the date of the report; and

(3) the interest received from investments during the period covered by the report.
Md. Code, General Provisions § 5-710 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-710
§5–710.
Status: in_force

(a) The Ethics Commission shall develop procedures under which a report required under §§ 5–705 through 5–709 of this subtitle:

(1) shall be filed electronically without additional cost to the individual who files the report; and

(2) shall be made available for public inspection electronically.

(b) (1) If the report filed electronically under subsection (a) of this section is required to be made under oath or affirmation, the oath or affirmation shall be made by an electronic signature that is:

(i) in the report or attached to and made part of the report; and

(ii) made expressly under the penalties of perjury.

(2) An electronic signature made under paragraph (1) of this subsection subjects the individual making the electronic signature to the penalties of perjury to the same extent as an oath or affirmation made before an individual authorized to administer oaths.
Md. Code, Labor and Employment § 5-216 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-216
§5–216.
Status: in_force

(a) If an authorized representative of the Commissioner concludes that a condition or practice at a place of employment creates an imminent danger that reasonably could be expected to cause death or serious physical harm to an employee, the authorized representative:

(1) shall give the employer and each employee whom the danger affects notice of the danger; and

(2) may recommend to the Commissioner that the Commissioner seek to enjoin the condition or practice.

(b) (1) On a complaint filed by the Commissioner, a circuit court:

(i) may enjoin a condition or practice at a place of employment if the condition or practice creates an imminent danger that reasonably could be expected to cause death or serious physical harm to an employee; and

(ii) pending the outcome of enforcement procedures under this title, may grant an injunction or temporary restraining order.

(2) A temporary restraining order that is passed without notice may not be in effect for more than 7 days.

(3) An injunction under this subsection may require each act needed to:

(i) avoid, correct, or remove the imminent danger; or

(ii) prohibit the employment or presence of any individual, in a location or under a condition where the imminent danger exists, other than an individual who needs to be present to:

1. remove the imminent danger;

2. maintain the capacity of a continuous process operation in order to resume normal operations without stopping operation completely; or

3. where operations must be stopped, stop an operation in an orderly and safe manner.

(c) (1) If the Commissioner arbitrarily or capriciously fails to seek relief under this section, on a complaint filed by or for an employee who may be injured as a result of the failure, a circuit court may pass a writ of mandamus to compel the Commissioner to seek the relief and grant other appropriate relief.

(2) An action under this subsection shall be brought in the circuit court for the county where the alleged imminent danger exists.
Md. Code, Election Law § 5-1003 — MD Code / Article gel / Title 5 / Subtitle 10 / Section 5-1003
§5–1003.
Status: in_force

(a) This section applies to a vacancy in nomination for Representative in Congress, State Senator, or member of the House of Delegates, if the district includes more than one county.

(b) (1) A vacancy in nomination under this section that occurs because the nominee dies, withdraws the candidacy, or is disqualified for any reason shall be filled by:

(i) a vote of the central committees of the political party in each of the counties included in the district of that nominee; or

(ii) a State central committee for a nonprincipal political party that does not have local central committees.

(2) The central committee of each county shall cast a vote that is proportionate to its share of the total registered voters in that district as reported in the most recent statistical report by the State Board and promptly notify its State central committee of the results of its vote.

(3) (i) If no person receives a majority of the votes cast under paragraph (2) of this subsection, or if there is a tie vote by the central committees, the vacancy in nomination shall be filled by the State central committee.

(ii) In the event of a tie vote, the nominee selected by the State central committee shall be one of the candidates involved in the tie.

(4) Following the declination of the nominee, by the 88th day before the general election:

(i) the State central committee shall file a certificate of designation for the nominee with the State Board; and

(ii) the successor nominee designated by the State central committee under item (i) of this paragraph shall file a certificate of candidacy with the State Board.

(5) Following the death or disqualification of the nominee, by the 81st day before the general election:

(i) the State central committee shall file a certificate of designation for the nominee with the State Board; and

(ii) the successor nominee designated by the State central committee under item (i) of this paragraph shall file a certificate of candidacy with the State Board.
Md. Code, Courts and Judicial Proceedings § 5-1004 — MD Code / Article gcj / Title 5 / Subtitle 10 / Section 5-1004
§5–1004.
Status: in_force

(a) Prior to service of process of the prisoner’s civil action, the court shall review the prisoner’s initial complaint and identify any cognizable claims.

(b) After reviewing the prisoner’s complaint, the court may dismiss the civil action, or any portion thereof, with or without prejudice, if it finds that the civil action:

(1) Is frivolous, malicious, or fails to state a claim for which relief can be granted;

(2) Seeks monetary damages from a defendant who is immune from such relief; or

(3) Is barred under § 5-1003(a) of this subtitle.

(c) An order of dismissal under subsection (b)(1) or (2) of this section may be issued without first requiring proof of exhaustion.
Md. Code, Criminal Law § 5-807 — MD Code / Article gcr / Title 5 / Subtitle 8 / Section 5-807
§5–807.
Status: in_force

(a) (1) The State need not negate an exemption, proviso, or exception set forth in this title in:

(i) a complaint, information, indictment, or other pleading; or

(ii) a trial, hearing, or other proceeding under this title.

(2) The burden of proof to establish an exemption, proviso, or exception is on the person claiming its benefit.

(b) (1) In the absence of proof that a person is a registrant or holder of an order form issued under § 5–303(d) of this title, the person is presumed not to be a registrant or holder of a form.

(2) The person has the burden of proof to rebut the presumption.
Md. Code, Insurance § 5-401 — MD Code / Article gin / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

(a) (1) Except for securities subject to amortization and except as otherwise provided in this title, an insurer’s investments shall be valued, at the discretion of the Commissioner, at:

(i) their appraised value;

(ii) their fair market value; or

(iii) prices that the Commissioner determines represent their fair market value.

(2) If the Commissioner finds that a special investment reserve would be prudent in view of the character of investments, the Commissioner may require the insurer to:

(i) establish and maintain a special investment reserve of a reasonable amount for losses or fluctuations in value; and

(ii) submit a statement or report to the Commissioner on the financial condition of the reserve.

(3) In connection with an examination or required financial statement of an authorized insurer, the Commissioner may:

(i) require the insurer to submit a complete financial statement and audited report of the financial condition of a corporation in which the insurer owns securities; and

(ii) order an examination to be made of a subsidiary or affiliate of the insurer.

(b) (1) An insurer that owns 10% or more of the stock of another insurer shall have its stock valued at book value as shown by the more recent of:

(i) the last annual statement of the other insurer; or

(ii) the last report on examination of the other insurer.

(2) Except as provided in paragraph (3) of this subsection, the book value of a share of common stock of an insurer shall be represented by a fraction:

(i) the numerator of which is the amount of the insurer’s capital and surplus, less the value of any outstanding preferred stock; and

(ii) the denominator of which is the number of shares of the insurer’s common stock issued and outstanding.

(3) An insurer may value its holdings of stock in a subsidiary insurer in an amount that is not less than the acquisition cost, if the acquisition cost is less than the value determined under paragraph (2) of this subsection.

(c) The stock of a subsidiary of an insurer shall be valued on the basis of only those assets that would be authorized investments for the insurer if the insurer acquired or held them directly.

(d) Real estate that is acquired by foreclosure or by deed in lieu of foreclosure may not be valued at an amount greater than the sum of:

(1) the unpaid principal of any defaulted loan at the date of the foreclosure or deed;

(2) any taxes and expenses that the insurer pays or incurs to protect the investment or in connection with the acquisition, except for uncollected interest on any loan;

(3) the cost of a later addition or improvement by the insurer; and

(4) an amount that the insurer pays later on assessments levied for improvements in connection with the property.

(e) Purchase-money mortgages shall be valued in an amount not exceeding the lesser of:

(1) the acquisition cost of the real property; or

(2) 90% of the value of the real property.
Md. Code, Financial Institutions § 5-407 — MD Code / Article gfi / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

A banking institution may not permit any bank services to be performed for it, whether by contract or otherwise, unless the banking institution and the person performing the bank services give the Commissioner satisfactory assurances that the performance of the bank services will be subject to regulation and examination by the Commissioner to the same extent as if the banking institution itself were performing the bank services.
Md. Code, Local Government § 5-215 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-215
§5–215.
Status: in_force

(a) This section applies only to a municipality that has urban renewal authority granted under Article III, § 61 of the Maryland Constitution.

(b) Subject to subsection (e) of this section, a municipality may:

(1) acquire property of any kind in the municipality, including any right, interest, franchise, easement, or privilege attached to the property, by purchase, lease, gift, condemnation, or any other legal means for development or redevelopment of the property, including comprehensive renovation or rehabilitation; and

(2) sell, lease, convey, transfer, or otherwise dispose of any property acquired under item (1) of this subsection, to any person or public or quasi–public entity:

(i) whether or not the property has been developed, redeveloped, altered, or improved; and

(ii) regardless of how the property was acquired.

(c) (1) A municipality shall provide just compensation to the owner of any property acquired by the municipality under subsection (b) of this section if the property is taken by eminent domain.

(2) The amount of compensation paid to an owner under paragraph (1) of this subsection shall be determined by:

(i) an agreement by the parties to the transaction; or

(ii) a jury award.

(3) A municipality shall pay the amount of compensation determined under paragraph (2) of this subsection to the owner before taking the property.

(d) Any property needed, or taken by eminent domain, by a municipality for the purposes in subsection (b) of this section or in connection with the exercise of any power of a municipality under this section is considered to be needed or taken for a public use or benefit.

(e) Before acquiring a single–family or multifamily dwelling unit or other structure under this section, a municipality shall find that:

(1) the dwelling unit or structure has deteriorated to an extent that constitutes a serious and growing menace to the public health, safety, and welfare;

(2) the dwelling unit or structure is likely to continue to deteriorate;

(3) the continued deterioration of the dwelling unit or structure will contribute to the blighting or deterioration of the area immediately surrounding the dwelling unit or structure; and

(4) the owner of the dwelling unit or structure has not corrected the deterioration.

(f) The legislative body of a municipality shall adopt an ordinance for each acquisition of property made under this section.
Md. Code, Economic Development § 5-322 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-322
§5–322.
Status: in_force

(a) Financial assistance from the Fund may be used only to finance costs incurred for:

(1) construction or acquisition of a building or real property, and associated development and carrying costs;

(2) construction, acquisition, or installation of equipment, furnishings, fixtures, leasehold improvements, site improvements, or infrastructure improvements, including rail line enhancements on or to the site of an economic development project, and associated development and carrying costs;

(3) working capital for significant strategic economic development opportunities, arts and entertainment enterprises, or arts and entertainment projects;

(4) redevelopment of qualified brownfields sites;

(5) subject to § 5-325(b)(3) of this subtitle, construction, purchase, or renovation of real property, fixtures, or equipment related to a child care facility;

(6) if supported by a resolution adopted by the governing body of the jurisdiction in which a project may be located, feasibility studies;

(7) subject to § 5-325(b)(4) of this subtitle, preparation of a county’s or municipal corporation’s strategy or plan for economic development; and

(8) a project intended to assist businesses in areas that are declared to be federal disaster areas, but only if the Department receives an application for financial assistance within 1 year after the declaration of the federal disaster area.

(b) Financial assistance from the Fund may not be used to refinance existing debt.
Md. Code, Family Law § 5-4B-08 — MD Code / Article gfl / Title 5 / Subtitle 4B / Section 5-4B-08
§5–4B–08.
Status: in_force

(a) (1) If an individual contacted by a confidential intermediary consents to the disclosure of any information, the confidential intermediary shall obtain the written consent of the individual witnessed by a notary public.

(2) The written consent shall specify the nature of the information to be disclosed.

(b) (1) If a confidential intermediary obtains written consent under subsection (a) of this section, the confidential intermediary shall disclose the information specified in the consent to the individual who applied for search, contact, and reunion services.

(2) The confidential intermediary shall disclose only the information that has been authorized by the written consent.
Md. Code, Human Services § 5-605 — MD Code / Article ghu / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

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

(2) “Fraud” has the meaning stated in § 8–501 of the Criminal Law Article.

(3) “Public assistance” means any assistance described in § 8–503 of the Criminal Law Article.

(b) Each applicant for or recipient of public assistance shall:

(1) read or have read to the individual a statement of the conduct that constitutes fraud; and

(2) sign the statement to acknowledge that the individual understands that the penalties for fraud under § 8–503 of the Criminal Law Article are:

(i) imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both; and

(ii) restitution.
Md. Code, Criminal Law § 5-301 — MD Code / Article gcr / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

(a) (1) Except as otherwise provided in this section, a person shall be registered by the Department before the person manufactures, distributes, or dispenses a controlled dangerous substance in the State or transports a controlled dangerous substance into the State.

(2) The Department shall adopt regulations to carry out this subsection.

(b) An applicant must register separately each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses a controlled dangerous substance.

(c) (1) An authorized provider applying for a registration to dispense a controlled dangerous substance under this section and who will prescribe or dispense controlled dangerous substances under that registration shall attest on the registration form to the Department that the authorized provider has completed 2 hours of continuing education.

(2) An authorized provider shall make the attestation required under paragraph (1) of this subsection:

(i) before the authorized provider’s initial registration; or

(ii) if the authorized provider is registered before October 1, 2018, before the first renewal of the authorized provider’s registration that occurs on or after October 1, 2018.

(3) The continuing education required under paragraph (1) of this subsection shall be:

(i) related to the prescribing or dispensing of controlled dangerous substances; and

(ii) recognized by the authorized provider’s licensing or certification board or accredited by the Accreditation Council for Continuing Medical Education.

(d) To the extent authorized by the registration and subject to subsection (b) of this section and this subtitle, a person registered by the Department under this subtitle may:

(1) possess, manufacture, distribute, or dispense controlled dangerous substances; and

(2) perform any activity listed in item (1) of this subsection to conduct research.

(e) A person need not register with the Department to possess a controlled dangerous substance while acting in the course of the person’s business or profession if the person is:

(1) an agent or agent’s employee of a registered manufacturer, distributor, or dispenser of a controlled dangerous substance;

(2) a common or contract carrier or warehouseman, or an employee of a common or contract carrier or warehouseman; or

(3) an ultimate user or person in possession of a controlled dangerous substance acting in good faith in accordance with a lawful order of an authorized provider.

(f) If the Department finds that a waiver is consistent with public health and safety, by regulation, the Department may waive the registration requirement for a manufacturer, distributor, or dispenser.
Md. Code, State Finance and Procurement § 5A-349 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-349
§5A–349.
Status: in_force

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

(b) “Operating support” means money for necessary administrative, technical, or professional services, and related expenses.

(c) “Panel” means the Museum Assistance Review Panel.

(d) “Program” means the Historical and Cultural Museum Assistance Program.
Md. Code, Natural Resources § 5-605 — MD Code / Article gnr / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

The Department shall divide the State into convenient districts, having due regard for the character and extent of the timber stand, similarity of forest problems, convenience of administration, and other pertinent factors. It shall establish, by appointment, in each district created, a district forestry board of at least five members. The appointments to the district forestry board shall include, if possible, a person representing each of the major types of forestry and woodworking interests, and at least one person representing farm woodland owners preferably connected with a county farm bureau or grange in the district. If there are any county agricultural agents and county foresters representing areas lying within the district, they shall have the privilege of participating, without a vote, in the board meeting.

The term of membership on the board is three years. A member serves until his successor is appointed and qualified. Within 30 days of their appointment, and regularly thereafter, the members of the district forestry board shall meet and elect a chairman and vice-chairman to serve for a term of two years. The Department may discontinue district boards for cause at any time. The Department shall employ and assign to each board a forester who, in addition to his other duties, serves as secretary and executive officer of the board. Each member of the board shall receive expenses while engaged in the performance of his official duties. The Department shall determine the compensation of the forester. Any compensation payable to and any expense incurred by a district board shall be paid out of funds made available under the provisions of this subtitle.
Md. Code, Economic Development § 5-703 — MD Code / Article gec / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

(a) The following political subdivisions may apply to the Secretary to designate an enterprise zone:

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

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

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

(b) The application shall:

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

(2) contain sufficient information to allow the Secretary to determine if the proposed enterprise zone meets the criteria in § 5-704 of this subtitle;

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

(4) state whether the political subdivision has examined the feasibility of creating educational or training opportunities for employers and employees of business entities located or to be located in the proposed enterprise zone; and

(5) state the standards established by the political subdivision that a business entity shall meet before receiving the incentives and initiatives under § 5-707 of this subtitle.
Md. Code, Labor and Employment § 5-809 — MD Code / Article gle / Title 5 / Subtitle 8 / Section 5-809
§5–809.
Status: in_force

(a) (1) For the purpose of this subsection, a violation is considered to be a serious violation if there is a substantial probability that death or serious physical harm could result from a condition that exists or a practice, means, method, operation, or process that has been adopted or is in use, unless the employer did not and with the exercise of reasonable diligence could not know of the violation.

(2) The Commissioner shall assess a civil penalty against an employer who receives a citation for a serious violation of this title, an order passed under this title, or a regulation adopted to carry out this title.

(b) The Commissioner shall assess a civil penalty against an employer who violates a requirement for posting imposed under this title.

(c) The Commissioner may assess a civil penalty against an employer who:

(1) willfully or repeatedly violates this title, an order passed under this title, or a regulation adopted to carry out this title; or

(2) receives a citation for a violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title and there is a specific determination that the violation is not of a serious nature.

(d) The Commissioner may assess a civil penalty against an employer who does not correct a violation for which a citation is issued within the period set under this title for correction.
Md. Code, Economic Development § 5-524 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-524
§5–524.
Status: in_force

The Authority may use the Fund for:

(1) loan guaranties made under § 5-525(a) of this subtitle;

(2) equity investment guaranties made under § 5-525(b) of this subtitle;

(3) direct loans made under § 5-525(c) of this subtitle; and

(4) expenses for administrative, legal, actuarial, and other services.
Md. Code, Economic Development § 5-530 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-530
§5–530.
Status: in_force

(a) A person may not knowingly make or cause to be made a false statement or report in an application or document submitted to the Authority under this part.

(b) A person may not knowingly make or cause to be made a false statement or report to influence an action of the Authority under this part:

(1) on an application for financial assistance; or

(2) affecting financial assistance whether or not the assistance has already been extended.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $50,000 or both.
Md. Code, Family Law § 5-1047 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1047
§5–1047.
Status: in_force

(a) The clerk of the circuit court shall keep a docket known as the “paternity docket”.

(b) The paternity docket shall contain the records, proceedings, and orders that relate to each case brought under this subtitle.
Md. Code, Agriculture § 5-1005 — MD Code / Article gag / Title 5 / Subtitle 10 / Section 5-1005
§5–1005.
Status: in_force

The Secretary may adopt regulations to implement this subtitle.
Md. Code, Insurance § 5-205 — MD Code / Article gin / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) Except as provided in subsection (e) of this section, each insurer shall maintain unearned premium reserves on all policies in force with respect to:

(1) insurance against loss or damage to property;

(2) general casualty insurance; and

(3) surety insurance.

(b) The Commissioner may require that, after deducting reinsurance ceded to solvent insurers in the manner provided in this article, the reserves equal the unearned parts of the gross premiums in force that are computed on each respective risk from the policy’s date of issue.

(c) Reserves under this section shall be computed:

(1) at the option of the insurer, on a daily pro rata basis or a monthly pro rata basis if the insurance risk does not vary significantly during the contract period; or

(2) over the period of risk in proportion to the amount of insurance protection provided if the period of risk differs significantly from the contract period.

(d) After adopting a method for computing reserves, an insurer may change the method only with the approval of the Commissioner or the insurance supervisory official of the insurer’s domicile.

(e) (1) A marine insurance premium on a trip risk not terminated is considered unearned.

(2) The Commissioner may require an insurer to carry reserves for unearned premiums equal to 100% on trip risks written during the month ended as of the date of the insurer’s annual statement required by this article.
Md. Code, Election Law § 5-501 — MD Code / Article gel / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

An individual who has filed a certificate of candidacy may withdraw the candidacy by filing a certificate of withdrawal as provided in this subtitle.
Md. Code, Education § 5-304 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) (1) (i) The Interagency Commission shall prepare projections of school construction and capital improvement needs for submission to the Capital Debt Affordability Committee under § 8–112(c)(3) of the State Finance and Procurement Article.

(ii) The projections shall be prepared in accordance with the regulations adopted by the Interagency Commission under § 5–303 of this subtitle.

(2) (i) The Interagency Commission shall notify each county board and each local governing body of the annual allocation of school construction funds recommended by the Governor under § 8–113 of the State Finance and Procurement Article.

(ii) The notification shall be made immediately after the Governor has recommended the allocations so that each county may structure its respective school construction and capital improvement priorities in accordance with the annual allocation and any amendments.

(b) (1) Before May 1 of each year, the Interagency Commission may not approve public school construction projects that comprise more than 75% of the preliminary school construction allocation, determined under § 8–113 of the State Finance and Procurement Article, for the following fiscal year.

(2) On or before December 31 of each year, the Interagency Commission shall approve public school construction projects that comprise 75% of the preliminary school construction allocation, determined under § 8–113 of the State Finance and Procurement Article, for the following fiscal year.

(3) The Interagency Commission shall establish an appeal process to allow local jurisdictions to request funding for projects that were not approved by the Interagency Commission under paragraph (2) of this subsection.

(4) On or before March 1 of each year, the Interagency Commission shall provide recommendations to the presiding officers and the budget committees of the General Assembly and the Department of Legislative Services for public school construction projects that comprise 90% of the school construction allocation included in the capital budget submitted by the Governor for the following fiscal year.

(5) On or after May 1 each year, the Interagency Commission shall approve 100% of the school construction allocation included in the capital budget bill as enacted.

(c) The following actions by the Interagency Commission are final and are not subject to additional appeals or approvals by another unit of the Executive Branch of State government:

(1) A decision made by the Interagency Commission under the appeal process established by the Interagency Commission; and

(2) The approval of public school construction projects under this subtitle.

(d) The Interagency Commission shall allow any documents or data required by the Interagency Commission from any source, including local education agencies and State agencies, to be submitted electronically to the Interagency Commission.

(e) The Interagency Commission shall be a central repository for information on:

(1) The use of pre–fab and building system options;

(2) Procurement methods;

(3) School facility design and construction; and

(4) Best practices in school construction.

(f) In consultation with the Maryland Stadium Authority, the Interagency Commission shall:

(1) Provide technical assistance and support to local education agencies on the use of alternative financing and alternative project delivery methods for school construction;

(2) Develop a public–private partnership pilot program that:

(i) Provides financial assistance that shall be supplemental to and may not take the place of funding that would otherwise be appropriated for school construction to assist local education agencies interested in pursuing alternative financing to cover the cost of associated risks; and

(ii) Requires local education agencies that use alternative financing to fully document the process, expectations, and results;

(3) Provide technical support for agreements between and among local education agencies and county governing bodies, including regional partnerships, to promote efficiency;

(4) Utilize and promote technological advances to make school building design more efficient and innovative; and

(5) Utilize and promote technology to streamline compliance review and project deliveries.

(g) The Interagency Commission shall work with a local education agency with declining enrollment to identify buildings for consolidation or find alternative uses for underutilized school buildings, subject to the approval of the county board.
Md. Code, Agriculture § 5-1003 — MD Code / Article gag / Title 5 / Subtitle 10 / Section 5-1003
§5–1003.
Status: in_force

(a) (1) In accordance with the State budget and subject to subsection (b) of this section, the Secretary shall implement a program to use Bacillus thuringiensis israelensis to control or eliminate nuisance insects in the State.

(2) The program shall be implemented on:

(i) State–owned property;

(ii) Property owned by a local government with the consent of the local government; and

(iii) Private property with the consent of the property owner.

(3) To carry out the program, the Secretary may:

(i) Treat property with an aerial spraying or backpack spraying of Bacillus thuringiensis israelensis;

(ii) Conduct field studies to determine the need for, location, and time of spraying;

(iii) Schedule spraying when the conditions are optimal for ingestion by nuisance insects;

(iv) Notify appropriate persons of the date and location of an upcoming spraying; and

(v) Review the effectiveness of spraying.

(b) Notice provided under subsection (a)(3)(iv) of this section shall, at a minimum, be:

(1) Provided to:

(i) Local press outlets;

(ii) County and local governments that are in the area that will be affected by the spraying;

(iii) Emergency responders and associated agencies that service the area that will be affected by the spraying; and

(iv) The local riverkeeper for the area that will be affected by the spraying; and

(2) Posted on appropriate social media sites.

(c) (1) The Secretary shall carry out a project to use Bacillus thuringiensis israelensis to control or eliminate nuisance insects under this section if the county or municipality in which the nuisance insects are located agrees to pay 50% of the costs associated with the project.

(2) The Secretary shall remit any payment from a county or municipality received under this subsection to the Comptroller for deposit to the Nuisance Insects Fund, established under § 5–1004 of this subtitle.
Md. Code, Family Law § 5-519 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-519
§5–519.
Status: in_force

(a) In connection with the issuance, suspension, or revocation of a license under this subtitle, the Administration may investigate the policies, purposes, premises, and facilities of a licensee or an applicant for a license.

(b) The Director of the Administration may petition an equity court to enjoin the activities and operations of a person who seeks to carry on, without a license, the activities for which the person must be licensed under this subtitle. The petition shall be filed in the circuit court for the county in which the person is located or has a place of business.
Md. Code, Corporations and Associations § 5-121 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-121
§5–121.
Status: in_force

(a) (1) An individual who renders a professional service in this State as an employee of a domestic or foreign professional corporation is liable for a negligent or wrongful act or omission in which the individual personally participated to the same extent as if the individual rendered the service as a sole practitioner.

(2) An employee of a domestic or foreign professional corporation is not liable for a negligent or wrongful act or omission of another employee of the corporation unless the employee is negligent in appointing, supervising, or cooperating with the other employee.

(b) A domestic or foreign professional corporation whose employees perform professional services within the scope of their employment or within the scope of the employees’ apparent authority to act for the corporation is liable to the same extent as its employees.

(c) The personal liability of a stockholder of a domestic or foreign professional corporation is no greater in any respect than the liability of a stockholder of a corporation incorporated under the Maryland General Corporation Law.
Md. Code, Economic Development § 5-572 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-572
§5–572.
Status: in_force

(a) To qualify for financial assistance under this part the principal shall satisfy the Authority that the principal:

(1) is of good moral character or is owned by individuals of good moral character;

(2) as determined from creditors, employers, and other individuals who have personal knowledge, is an individual with a reputation for financial responsibility or is owned by individuals, a majority of whom have a reputation for financial responsibility;

(3) is a resident of the State or the principal place of business of the applicant is in the State; and

(4) is unable to obtain adequate bonding on reasonable terms through normal channels.

(b) To qualify for financial assistance under this part the principal shall certify to the Authority, and the Authority shall be satisfied, that:

(1) a bond is required to bid on a contract or to serve as prime contractor or subcontractor;

(2) a bond cannot be obtained on reasonable terms and conditions without assistance from the Program; and

(3) the principal will not subcontract more than 75% of the monetary value of the contract.
Md. Code, State Finance and Procurement § 5-307 — MD Code / Article gsf / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) Each year, no later than 60 days before the General Assembly convenes for its regular session, the Department shall submit a report to the Governor.

(b) The annual report shall include:

(1) a summary and description of the nature of every section of the State Development Plan that has been:

(i) added, deleted, or revised since the last annual report; and

(ii) filed by the Governor under § 5–605 of this title;

(2) a summary of each important study wholly or partly completed by the Department since the last annual report; and

(3) a summary of the work of the Department.

(c) The Department shall distribute copies of the annual report:

(1) subject to § 2–1257 of the State Government Article, to the General Assembly;

(2) to the head of each department of the State government;

(3) to the head of each local or regional planning agency in the State; and

(4) on request, to any federal agency.

(d) The Department shall make copies of the annual report available for general distribution or sale.
Md. Code, Public Safety § 5-504 — MD Code / Article gps / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

(a) There is a Cease Fire Council Grant Program.

(b) The Cease Fire Council Grant Program shall be funded as provided in the State budget.

(c) Grants made by the Council shall be used to carry out the purposes of this subtitle.

(d) When making grants, the Council shall consider and give priority to:

(1) comprehensive and coordinated law enforcement and prosecution programs that target criminals and juveniles who use or illegally possess firearms;

(2) law enforcement and prosecution salaries and overtime in support of firearm violence reduction programs;

(3) covert firearms-related investigations and debriefing of criminal and juvenile arrestees and offenders for information related to illegal firearms trafficking;

(4) initiatives that support the tracing of firearms used to commit crimes or delinquent acts and the identification of illegal firearms traffickers;

(5) purchases of technology and information systems to support firearm violence reduction initiatives; and

(6) other efforts that aid in apprehending and prosecuting criminals or apprehending and filing a complaint against juveniles who use or illegally possess firearms.

(e) Expenditures from the Cease Fire Council Grant Program may be made only in accordance with the State budget or by budget amendment.

(f) The Council shall adopt regulations for the grant process and the oversight of grants made by the Council.
Md. Code, Family Law § 5-1007 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1007
§5–1007.
Status: in_force

Any rule of court or statute that relates to procedure applies to a proceeding under this subtitle only to the extent that the rule or statute is:

(1) practical under the circumstances; and

(2) not inconsistent with this subtitle.
Md. Code, Courts and Judicial Proceedings § 5-1006 — MD Code / Article gcj / Title 5 / Subtitle 10 / Section 5-1006
§5–1006.
Status: in_force

(a) (1) Any compensatory or punitive damages awarded to a prisoner in connection with a civil action shall be paid directly to satisfy any outstanding judgment of restitution or child support order pending against the prisoner.

(2) If there are multiple judgments of restitution or child support orders pending against the prisoner, any compensatory damages shall be distributed against those judgments or orders on a pro rata basis.

(3) (i) The State, the Department, and the Division of Correction may not be liable for any failure to credit an award as provided in this section.

(ii) The State, the Department, the Division of Correction, and any county or municipality, through any authorized employee or official, may reclaim any money erroneously credited to a prisoner without judicial action in order to comply with this section.

(b) If a prisoner is awarded compensatory or punitive damages for a civil action, the prisoner’s custodian shall notify, in writing, the victim or victims of the crime for which the prisoner is incarcerated and the recipient or recipients of any child support obligation for which the prisoner is responsible.
Md. Code, Financial Institutions § 5-402 — MD Code / Article gfi / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

This subtitle does not:

(1) Affect any affiliate, if the affiliation existed on June 1, 1935; or

(2) Apply to a purchase by a banking institution of the stock of a small business investment company under the federal Small Business Investment Act of 1958, except that the value at which the purchased shares are carried on the books of the banking institution may not exceed 2 percent of its unimpaired capital and surplus.
Md. Code, Agriculture § 5-206 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) The Secretary shall establish, by rule or regulation, qualifications for licensing and certification in each category established by § 5–207 of this subtitle to assure competence and responsibility in the application of pesticides.

(b) The Secretary may issue licenses, permits, and certificates only to an applicant who meets the requirements established by the Department.

(c) The Secretary may establish the conditions under which licenses, permits, and certificates may be revoked, suspended, reinstated, or renewed.

(d) The Secretary may establish minimum requirements for financial responsibility for all damages which may be incurred in the commercial application of pesticides.
Md. Code, Criminal Law § 5-619 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-619
§5–619.
Status: in_force

(a) To determine whether an object is drug paraphernalia, a court shall consider, among other logically relevant factors:

(1) any statement by an owner or a person in control of the object concerning its use;

(2) any prior conviction of an owner or a person in control of the object under a State or federal law relating to a controlled dangerous substance;

(3) the proximity of the object, in time and space, to a direct violation of this section or to a controlled dangerous substance;

(4) a residue of a controlled dangerous substance on the object;

(5) direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another who, the owner or the person knows or should reasonably know, intends to use the object to facilitate a violation of this section;

(6) any instructions, oral or written, provided with the object concerning its use;

(7) any descriptive materials accompanying the object that explain or depict its use;

(8) national and local advertising concerning use of the object;

(9) the manner in which the object is displayed for sale;

(10) whether the owner or a person in control of the object is a licensed distributor or dealer of tobacco products or other legitimate supplier of related items to the community;

(11) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

(12) the existence and scope of legitimate uses for the object in the community; and

(13) expert testimony concerning use of the object.

(b) The innocence of an owner or a person in control of the object as to a direct violation of this section does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

(c) (1) Unless authorized under this title, a person may not use or possess with intent to use drug paraphernalia to:

(i) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a controlled dangerous substance; or

(ii) inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance.

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

(i) for a first violation, a fine not exceeding $500; and

(ii) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

(3) A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating subsection (d)(4) of this section is subject to the penalty specified under paragraph (2)(ii) of this subsection.

(d) (1) Unless authorized under this title, a person may not deliver or sell, or manufacture or possess with intent to deliver or sell, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that the drug paraphernalia will be used to:

(i) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a controlled dangerous substance; or

(ii) inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance.

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

(i) for a first violation, a fine not exceeding $500; and

(ii) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

(3) A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating paragraph (4) of this subsection is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.

(4) If a person who is at least 18 years old violates paragraph (1) of this subsection by delivering drug paraphernalia to a minor who is at least 3 years younger than the person, the person is guilty of a separate misdemeanor and on conviction is subject to imprisonment not exceeding 8 years or a fine not exceeding $15,000 or both.

(e) (1) A person may not advertise in a newspaper, magazine, handbill, poster, sign, mailing, or other writing or publication, or by sound truck, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, wholly or partly, is to promote the sale or delivery of drug paraphernalia.

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

(i) for a first violation, a fine not exceeding $500; and

(ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
Md. Code, Transportation § 5-1002 — MD Code / Article gtr / Title 5 / Subtitle 10 / Section 5-1002
§5–1002.
Status: in_force

(a) (1) For purposes of this subsection, “operate” shall include any use of the aircraft which involves remuneration to the owner, including but not limited to leasing, rental, and use for instructional purposes.

(2) The owner of any aircraft based or hangared in this State may not operate that aircraft unless there is a liability insurance policy in force on the aircraft which covers the owner and the pilot for claims by passengers or other persons for any injuries to them or their property that might arise out of the operation of the aircraft.

(b) The liability insurance shall provide coverage for at least:

(1) $50,000 bodily injury per individual;

(2) $100,000 bodily injury per accident; and

(3) $50,000 property damage protection.

(c) All airport operators in this State shall maintain a roster of aircraft based or hangared at the facility. This roster shall include for each aircraft:

(1) The “N” number, type, and model of the aircraft;

(2) The name and address of the owner or operator of the aircraft, and the period of time the aircraft has been based or hangared at the facility;

(3) The liability insurance policy or binder number;

(4) The name of the insurance company shown on the policy; and

(5) The name of the insurance producer.

(d) The Administration, at the time of annual on–site airport inspection and licensing of public use airports in this State, shall have access to liability insurance policy information to determine compliance with subsection (b) of this section.
Md. Code, Criminal Law § 5-402 — MD Code / Article gcr / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

(a) Schedule I consists of each:

(1) controlled dangerous substance analogue, as defined in subsection (b) of this section;

(2) controlled dangerous substance added to Schedule I by the Department under § 5–202(b) of this title; and

(3) controlled dangerous substance designated as a Schedule I controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title.

(b) (1) In this subsection:

(i) “controlled dangerous substance analogue” means a substance:

1. that has a chemical structure substantially similar to the chemical structure of a controlled dangerous substance described in Schedule I or Schedule II; and

2. that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous substance described in Schedule I or Schedule II; but

(ii) “controlled dangerous substance analogue” does not include:

1. a controlled dangerous substance;

2. a substance for which there is an approved new drug application; or

3. a substance exempted for investigational use under § 506 of the Federal Food, Drug, and Cosmetic Act.

(2) To the extent intended for human consumption, each controlled dangerous substance analogue is a substance described in Schedule I.

(c) The Department may not add a substance to Schedule I under § 5–202 of this title unless the Department finds:

(1) a high potential for abuse of the substance;

(2) no accepted medical use in the United States for the substance; and

(3) a lack of accepted safety for use of the substance under medical supervision.
Md. Code, Human Services § 5-505 — MD Code / Article ghu / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

(a) In this section, “RMP” means the Restaurant Meals Program.

(b) (1) There is a Restaurant Meals Program within the Supplemental Nutrition Assistance Program in the Department.

(2) The purpose of the RMP is to expand food access to individuals who:

(i) do not have a place to store and cook food;

(ii) may not be able to prepare food; or

(iii) do not have access to a grocery store.

(c) A household eligible under subsection (d) of this section to participate in the RMP may purchase hot prepared foods at participating restaurants using a Supplemental Nutrition Assistance Program benefit.

(d) A household is eligible to participate in the RMP if the household is eligible to receive Supplemental Nutrition Assistance Program benefits under State and federal law, and the household:

(1) lacks a fixed, regular, and adequate nighttime residence;

(2) includes only individuals who are:

(i) 60 years of age or older; or

(ii) designated disabled by a government entity;

(3) includes only an individual and the individual’s spouse if the individual is:

(i) 60 years of age or older; or

(ii) designated disabled by a government entity; or

(4) includes only:

(i) individuals who are 60 years of age or older; and

(ii) individuals who are designated disabled by a government entity.

(e) Before participating in the RMP, a restaurant shall:

(1) submit an application and be approved under a process determined by the Department;

(2) become a Supplemental Nutrition Assistance Program provider licensed by the U.S. Department of Agriculture; and

(3) be able to process electronic benefit transaction card payments at the point of sale.

(f) (1) Each local department shall administer the RMP as part of the Supplemental Nutrition Assistance Program authorized under § 5–501 of this subtitle, in accordance with federal law.

(2) The Department shall adopt regulations:

(i) to verify household eligibility for participation in the RMP;

(ii) to establish eligibility standards, an application process, and an approval process for restaurants to participate in the RMP; and

(iii) otherwise necessary to carry out this section.
Md. Code, Family Law § 5-4A-01 — MD Code / Article gfl / Title 5 / Subtitle 4A / Section 5-4A-01
§5–4A–01.
Status: in_force

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

(b) “Administration” means the Social Services Administration of the Department.

(c) “Adoption assistance state” means the state that is signatory to an adoption assistance agreement in a particular case.

(d) “Residence state” means the state where the child lives.
Md. Code, Health Occupations § 5-306 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that specifies that:

(1) The applicant has qualified for a license; and

(2) On receipt of the license fee set by the Board, the Board will issue a license to the applicant.

(b) On payment of the license fee, the Board shall issue a license to any applicant who meets the requirements of this subtitle.

(c) The Board shall include on each license that the Board issues:

(1) The full name of the licensee;

(2) A serial number assigned by the Board to the licensee; and

(3) The signature of the chairman of the Board, under seal of the Board.
Md. Code, Natural Resources § 5-1014 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1014
§5–1014.
Status: in_force

(a) On presentation of a valid uniformed services identification card by an active service member or any member of the Maryland National Guard:

(1) An active service member or any member of the Maryland National Guard may enter a State park without paying any day–use entry fee that has been established; and

(2) A vehicle of which an active service member or any member of the Maryland National Guard is an occupant may enter a State park without paying any per–vehicle fee that has been established.

(b) This section does not exempt an active service member, any member of the Maryland National Guard, or any other individual from paying other facility use services fees not described in subsection (a) of this section.
Md. Code, Courts and Judicial Proceedings § 5-423 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-423
§5–423.
Status: in_force

(a) An employer acting in good faith may not be held liable for disclosing any information about the job performance or the reason for termination of employment of an employee or former employee of the employer:

(1) To a prospective employer of the employee or former employee at the request of the prospective employer, the employee, or former employee; or

(2) If requested or required by a federal, State, or industry regulatory authority or if the information is disclosed in a report, filing, or other document required by law, rule, order, or regulation of the regulatory authority.

(b) An employer who discloses information under subsection (a) of this section shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the employer:

(1) Acted with actual malice toward the employee or former employee; or

(2) Intentionally or recklessly disclosed false information about the employee or former employee.
Md. Code, Labor and Employment § 5-312 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-312
§5–312.
Status: in_force

(a) To adopt a proposed regulation, the Commissioner shall comply with this section and Title 10, Subtitle 1 of the State Government Article.

(b) If, after receipt of a recommendation from the Board, the Commissioner decides to adopt the proposed regulation, within 45 days after the Board submits the recommendation, the Commissioner shall initiate the process for publishing and issuing the proposed regulation.

(c) A public hearing is not required to adopt, by reference, a proposed regulation that is identical to:

(1) a regulation or rule adopted by another unit of the State government;

(2) a standard on occupational safety and health that is adopted by an organization that is nationally recognized as setting standards; or

(3) a standard on occupational safety and health that is adopted by the federal government and that is currently in effect.
Md. Code, Health - General § 5-201 — MD Code / Article ghg / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

Notwithstanding any other law, a pronouncement of death under this subtitle shall be used for all purposes in this State, including the trials of civil and criminal cases.
Md. Code, Family Law § 5-709 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-709
§5–709.
Status: in_force

(a) If a representative of a local department is conducting an investigation under this subtitle, the representative may enter the household, if the representative:

(1) previously has been denied the right of entry; and

(2) has probable cause to believe that a child is in serious, immediate danger.

(b) A police officer shall accompany the representative and may use reasonable force, if necessary, to enable the representative to gain entry.

(c) The representative may remove the child temporarily, without prior approval by the juvenile court, if the representative believes that the child is in serious, immediate danger.

(d) If a child is removed from a household under this section, the local department shall have the child thoroughly examined by a physician and a report of this examination shall be included in a report made under § 5–706(j) of this subtitle within the time specified.
Md. Code, Family Law § 5-4B-03 — MD Code / Article gfl / Title 5 / Subtitle 4B / Section 5-4B-03
§5–4B–03.
Status: in_force

(a) The Director shall maintain a list of confidential intermediaries.

(b) To qualify to be a confidential intermediary, an applicant shall meet the requirements of subsection (d) of this section.

(c) If the applicant is a child placement agency, the agency shall appoint an employee of the agency as the representative member to make the application on behalf of the agency.

(d) (1) If the applicant is an individual, the applicant shall:

(i) have completed at least 8 hours of training, approved by the Director, in providing search, contact, and reunion services; and

(ii) meet any other qualifications that the Director establishes for confidential intermediaries.

(2) If the applicant is a child placement agency, each employee who will provide search, contact, and reunion services under this subtitle shall:

(i) have completed at least 8 hours of training, approved by the Director, in providing search, contact, and reunion services; and

(ii) meet any other qualifications that the Director establishes for confidential intermediaries.

(e) (1) The Director may establish a reasonable fee for an application under this section.

(2) The overall amount of fees collected may not exceed the costs of processing the applications.
Md. Code, State Finance and Procurement § 5-609 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

The Plan shall contain a comprehensive analysis and evaluation of the capital plans and programs of each unit of the State government.
Md. Code, Transportation § 5-426 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-426
§5–426.
Status: in_force

(a) After holding a public hearing, the governing body of any publicly owned airport in this State may adopt regulations for:

(1) The parking of motor vehicles at the airport, including provision of a uniform system for accessible parking for individuals with disabilities to enhance the safety of people with disabilities in conformity with:

(i) The “Uniform System for Parking for Persons With Disabilities” (23 C.F.R. Part 1235);

(ii) The “Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities” (Appendix A to 28 C.F.R. Part 36 and 36 C.F.R. Part 1191.1); and

(iii) 14 C.F.R. Part 382.23(a);

(2) The movement of traffic at the airport;

(3) Safety at the airport; and

(4) The preservation of order at the airport.

(b) All regulations adopted under this section shall be posted conspicuously in a public place at the airport.
Md. Code, General Provisions § 5-823 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-823
§5–823.
Status: in_force

(a) Each bicounty commission shall adopt regulations relating to conflicts of interest of its employees.

(b) At a minimum, the conflict of interest standards applicable to public officials under Subtitle 5 of this title shall apply to the employees of each bicounty commission.

(c) Each bicounty commission shall file with the Ethics Commission a copy of its regulations relating to conflicts of interest.

(d) On or before April 30 each year, each bicounty commission shall:

(1) (i) prepare an annual report on its conflict of interest issues and regulations during the previous calendar year;

(ii) submit the report to the governing body of each county in which the bicounty commission operates; and

(iii) publish the report on the website of the bicounty commission; and

(2) certify to the Ethics Commission that the bicounty commission is in compliance with the requirements of this section.
Md. Code, Corporations and Associations § 5-5A-01 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-01
§5–5A–01.
Status: in_force

This subtitle does not apply to any cooperative existing or organized under Subtitle 5 (Agricultural Cooperatives) of this title.
Md. Code, Criminal Law § 5-501 — MD Code / Article gcr / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person may not dispense a controlled dangerous substance without a written prescription or an electronic prescription from an authorized provider if the substance is:

(1) listed in Schedule II; and

(2) a drug to which § 21–220 of the Health – General Article applies.

(b) A controlled dangerous substance to which subsection (a) of this section applies may be dispensed without a written prescription or an electronic prescription by:

(1) an authorized provider who:

(i) is not a pharmacist; and

(ii) dispenses the controlled dangerous substance directly to an ultimate user; or

(2) a pharmacist if:

(i) an emergency exists;

(ii) the pharmacist dispenses the drug under regulations of the Department on an oral prescription that the pharmacist reduces promptly to writing and keeps on file; and

(iii) federal law authorizes the oral prescription.

(c) A prescription for a controlled dangerous substance listed in Schedule II shall be kept on file in conformity with the requirements for records and inventories under § 5–306 of this title.

(d) A person may not refill a prescription for a controlled dangerous substance listed in Schedule II.
Md. Code, Natural Resources § 5-908 — MD Code / Article gnr / Title 5 / Subtitle 9 / Section 5-908
§5–908.
Status: reserved

(a) In this section, “Fund” means the Fair Hill Improvement Fund.

(b) (1) There is a Fair Hill Improvement Fund in the Department, to be used for the operation, maintenance, development, and improvement of the Fair Hill facilities at Fair Hill, Maryland.

(2) Money credited to the Fund under § 11–704 of the Business Regulation Article shall be used exclusively for the grounds and facilities within the special event area at Fair Hill.

(c) Any money obtained by the Department from Fair Hill shall be credited to the Fund.

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

(2) 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.

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

(e) For fiscal year 2024, and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation of at least $1,800,000 to the Fund to be used exclusively for the purposes specified under subsection (b)(2) of this section.

(f) Notwithstanding any other provision of this title, the Department may use the Fund to provide a grant or grants to a unit of State government, a local jurisdiction, a nonprofit entity, or an affiliated foundation established by the Maryland Stadium Authority under § 10–612 of the Economic Development Article, if:

(1) The Department has entered into an agreement with the grant recipient for the ongoing operation, use, maintenance, development, or improvement of the grounds and facilities within the special event area at Fair Hill; and

(2) The grant funds are restricted to the purposes required to be included in the grant agreement under item (1) of this subsection and the grant recipient’s associated administrative costs.
Md. Code, Family Law § 5-716 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-716
§5–716.
Status: in_force

The Department shall post on its website a free online course on the identification, prevention, and reporting of child abuse.
Md. Code, Human Services § 5-204 — MD Code / Article ghu / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) Subject to State and federal laws governing the administration of public assistance, the Executive Director shall:

(1) organize and administer the Administration;

(2) supervise the public assistance activities of the local departments; and

(3) supervise other agencies and institutions under the supervision of the Administration.

(b) (1) The Executive Director may prescribe the number and minimum qualifications of the personnel engaged in the administration of the activities of the Administration and of the local departments that are financed wholly or partly by the Administration.

(2) (i) As provided in the State budget, the Executive Director may appoint the personnel required to properly perform the duties of the Administration.

(ii) Except as otherwise provided, appointment and removal of all paid personnel under this title are subject to the provisions of the State Personnel and Pensions Article.

(c) The Executive Director shall submit budget estimates for the Administration to the Secretary.

(d) The Executive Director shall:

(1) develop a comprehensive process to:

(i) systematically analyze cash assistance payment errors;

(ii) formulate strategies, including improvements in the eligibility determination process, to reduce the errors; and

(iii) monitor implementation of the strategies;

(2) require each local department to submit annual plans that contain measurable objectives, including objectives for participation in work activities, to meet the goals of the Family Investment Program; and

(3) monitor the success of the local departments in achieving the objectives of the plans.
Md. Code, Business Regulation § 5-702 — MD Code / Article gbr / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

(a) This subtitle does not apply to:

(1) the sale of burial space;

(2) a preneed contract made by an individual in connection with practicing funeral direction or practicing mortuary science, as those practices are defined in and regulated by the Health Occupations Article; or

(3) the preneed sale of burial goods or services by a private family cemetery that does not conduct public sales of burial goods or services.

(b) This subtitle does not allow a person, directly or indirectly, through an agent or otherwise, to practice funeral direction or practice mortuary science, unless the person is licensed to practice funeral direction or practice mortuary science under the Health Occupations Article.

(c) A preneed burial contract made under this subtitle is not an insurance contract and does not involve the business of insurance.

(d) This subtitle does not require a cemetery to accept goods, perform services, or allow services to be performed if the goods or services are contrary to:

(1) the law concerning burial; or

(2) the rules of the cemetery concerning the quality and kind of goods or services that may be used in connection with burial in the cemetery.

(e) (1) A preneed burial contract made in accordance with § 5-704 of this subtitle may be funded by a life insurance policy or an annuity contract if:

(i) the owner or operator of the cemetery is not the owner of or beneficiary under the life insurance policy or annuity contract;

(ii) an assignment of benefits to the owner or operator of the cemetery may be revoked at any time by the owner of the life insurance policy or annuity contract;

(iii) subject to item (iv) of this paragraph, the owner or operator of the cemetery agrees to accept the benefits payable under the life insurance policy or annuity contract as payment in full for the services and merchandise agreed on in the preneed burial contract; and

(iv) any benefits payable under the life insurance policy or annuity contract in excess of the amount necessary to pay the total price, as determined at the time of death of the insured, of the services and merchandise agreed on in the preneed burial contract are paid to the beneficiary under the life insurance policy or annuity contract.

(2) A preneed burial contract that is funded by a life insurance policy or an annuity contract shall terminate if the assignment of benefits to the owner or operator of a cemetery is revoked by the owner of the life insurance policy or annuity contract.

(3) (i) The offer, sale, or assignment of a life insurance policy or annuity contract to fund a preneed burial contract is not subject to this subtitle.

(ii) A preneed burial contract funded by a life insurance policy or an annuity contract is not subject to § 5-705, § 5-706, § 5-707, § 5-708, or § 5-709 of this subtitle.
Md. Code, Economic Development § 5-1304 — MD Code / Article gec / Title 5 / Subtitle 13 / Section 5-1304
§5–1304.
Status: in_force

(a) (1) Within 60 days after a submission date, the Secretary, after receiving a recommendation of the Smart Growth Subcabinet, may designate one or more BRAC Revitalization and Incentive Zones from among the areas described in the applications timely submitted.

(2) The designation of an area as a BRAC Revitalization and Incentive Zone is effective for 10 years, beginning on the date the first property in the BRAC Revitalization and Incentive Zone becomes a qualified property, as defined in § 2–222 of the Tax – Property Article.

(3) The Secretary may not designate more than six BRAC Revitalization and Incentive Zones in a calendar year.

(4) A county may not receive more than two BRAC Revitalization and Incentive Zones.

(5) The precise location and boundaries of a BRAC Revitalization and Incentive Zone may be determined only on application to and approval by the Secretary.

(b) The designation of the Secretary is final.

(c) At any time, a political subdivision may reapply to the Secretary to designate as a BRAC Revitalization and Incentive Zone an area that is not designated.

(d) (1) This subsection applies only to a political subdivision that is authorized under § 7–211.3 of the Tax – Property Article to enter into a payment in lieu of tax agreement with a private developer for federal enclave property.

(2) The Secretary may not designate a BRAC Revitalization and Incentive Zone in a county until, in the judgment of the Secretary, the political subdivision has entered into good faith negotiations for a payment in lieu of tax agreement with all private developers of federal enclave property.
Md. Code, Family Law § 5-509 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-509
§5–509.
Status: in_force

(a) Except as otherwise provided in this section, a person shall be licensed by the Administration as a child care institution before the person may operate an institution for the care, custody, or control of a minor child.

(b) This section does not apply:

(1) to an institution or facility that is operated by an agency of this State or any political subdivision of this State;

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

(3) to an institution that accepts only children placed by the Maryland Department of Health or the Department of Juvenile Services.
Md. Code, Family Law § 5-1404 — MD Code / Article gfl / Title 5 / Subtitle 14 / Section 5-1404
§5–1404.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the court shall hold a trial on termination of parental rights not later than 180 days after an answer to the complaint is filed.

(2) Unless both parents agree otherwise or the court finds that it is in the best interest of the child to proceed, if a criminal proceeding involving the same underlying facts is pending at the time an action to terminate parental rights under this subtitle is filed, or if a criminal proceeding involving the same underlying facts is commenced after an action to terminate parental rights under this subtitle is filed, the court may stay all further proceedings in the action to terminate parental rights until the criminal proceeding is resolved.

(b) In an action to terminate parental rights under this subtitle:

(1) the respondent may refuse to testify or to offer evidence; and

(2) no adverse inference may be drawn from the respondent’s refusal to testify or to offer evidence.

(c) A parent’s testimony and any other information obtained from the parent in a proceeding under this subtitle and any information directly or indirectly derived from the parent’s testimony or the other information are inadmissible as evidence in a criminal proceeding against that parent if:

(1) the criminal proceeding involves the same underlying facts; and

(2) the evidence is offered for a purpose other than impeachment.

(d) The court, on its own motion or on petition, and for good cause shown, may order that court records of a proceeding under this subtitle be sealed or may require that filings be submitted and maintained in a form that protects the privacy of the parents and the child.
Md. Code, Financial Institutions § 5-508 — MD Code / Article gfi / Title 5 / Subtitle 5 / Section 5-508
§5–508.
Status: in_force

If a banking institution holds a first mortgage on residential property and a private mortgage insurance corporation partially insures the mortgage, the banking institution shall eliminate all charges to the mortgagor for mortgage insurance premiums when the mortgage is reduced to the level at which the federal Homeowners Protection Act of 1998 requires termination of the private mortgage insurance insuring the mortgage.
Md. Code, Business Occupations and Professions § 5-313 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-313
§5–313.
Status: in_force

Each license issued under this subtitle shall be displayed conspicuously by the licensee in the office or place of employment of the licensee.
Md. Code, Corporations and Associations § 5-512 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-512
§5–512.
Status: in_force

(a) The business and affairs of a cooperative shall be managed under the direction of a board of directors.

(b) Every cooperative shall have at least five directors, at least two of whom are residents of the State and each of whom is a member of the cooperative or of a member cooperative.
Md. Code, Education § 5-322 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-322
§5–322.
Status: in_force

(a) In this section, “Fund” means the Healthy School Facility Fund.

(b) There is a Healthy School Facility Fund.

(c) The purpose of the Fund is to provide grants to public primary and secondary schools in the State to improve the health of school facilities.

(d) The Interagency Commission on School Construction shall administer the Fund.

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

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

(f) The Fund consists of:

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

(2) Any interest earnings of the Fund; and

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

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

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

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

(i) Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated to primary and secondary schools under this article.

(j) (1) (i) In each of fiscal years 2020 through 2022, the Governor shall appropriate at least $30,000,000 to the Fund.

(ii) In fiscal year 2023, the Governor shall appropriate at least $40,000,000 to the Fund.

(iii) In each of fiscal years 2024 through 2026, the Governor shall appropriate at least $90,000,000 to the Fund.

(iv) For each of fiscal years 2021 through 2026, 50% of the funds appropriated under subparagraphs (i) and (ii) of this paragraph shall be awarded to public schools in Baltimore City.

(2) (i) Subject to subparagraph (ii) of this paragraph, the Interagency Commission on School Construction shall give priority in awarding grants to schools based on the severity of issues in the school, including:

1. Air conditioning;

2. Heating;

3. Indoor air quality;

4. Mold remediation;

5. Temperature regulation;

6. Plumbing, including pipe insulation to reduce condensation in order to prevent mold and the presence of lead in drinking water outlets in school buildings;

7. Windows;

8. Roofs; and

9. Any additional severe issue in the school that required the school to be closed.

(ii) The amount of the grant is not required to cover the full cost of the project.

(k) (1) Except as provided in paragraph (4) of this subsection and subject to paragraphs (2) and (3) of this subsection, the Interagency Commission on School Construction shall establish application procedures for school systems to request funds under this section.

(2) The Interagency Commission on School Construction shall establish award procedures to make awards distributed from the Fund not more than 45 days after receiving an application.

(3) (i) The Interagency Commission on School Construction, in consultation with the Department of the Environment, shall establish application procedures for school systems to request funds under this section to assist with the costs of implementing remedial measures to address the presence of lead in drinking water outlets in school buildings.

(ii) The application procedures established under subparagraph (i) of this paragraph shall include procedures for prioritizing applications for plumbing projects, with priority first given to applications requesting funds for water fountains or bubblers, and then to applications requesting funds for:

1. Faucets or taps that are used or potentially used for drinking or food preparation;

2. Ice makers; or

3. Hot drink machines.

(4) (i) For Baltimore City, the school system shall establish a procedure to identify schools and submit eligible projects for awards by the Interagency Commission on School Construction for funding provided under subsection (j)(1)(ii) and (iii) of this section.

(ii) The Interagency Commission on School Construction shall award grants to schools with eligible projects submitted in accordance with subparagraph (i) of this paragraph.
Md. Code, Labor and Employment § 5-806 — MD Code / Article gle / Title 5 / Subtitle 8 / Section 5-806
§5–806.
Status: in_force

If an employer willfully violates any provision of this title, an order passed under this title, or a regulation adopted to carry out this title and the violation caused death to an employee, on conviction the employer is subject to:

(1) for a first offense, a fine not exceeding $10,000 or imprisonment not exceeding 6 months or both; or

(2) for a subsequent offense, a fine not exceeding $20,000 or imprisonment not exceeding 1 year or both.
Md. Code, State Finance and Procurement § 5A-304 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-304
§5A–304.
Status: in_force

(a) (1) On request by the Trust, the Board of Public Works may acquire part or all of any property that the Trust finds is a historic landmark worthy of public care and preservation.

(2) The property may be acquired by gift or by purchase with any available money.

(b) (1) Under § 5A-318 of this subtitle, the Board of Public Works may select the Trust as the State unit to control and administer any property acquired.

(2) For these purposes the Board of Public Works may transfer title to or an interest in the property to the Trust or to an appropriate governmental unit, private agency, or corporation, subject to covenants and conditions that call for the property to:

(i) be properly maintained and controlled; and

(ii) revert to the Board of Public Works on breach of any of these conditions or covenants.
Md. Code, Criminal Procedure § 5-101 — MD Code / Article gcp / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

(a) This section shall be liberally construed to carry out the purpose of relying on criminal sanctions instead of financial loss to ensure the appearance of a defendant in a criminal case before verdict or pending a new trial.

(b) (1) Except as provided in subsection (c) of this section, if, from all the circumstances, the court believes that a minor or adult defendant in a criminal case will appear as required for trial before verdict or pending trial, the defendant may be released on personal recognizance.

(2) A failure to appear as required by personal recognizance is subject to the penalties provided in § 5-211 of this title.

(c) A defendant may not be released on personal recognizance if the defendant is charged with:

(1) a crime listed in § 5–202(d) of this title after having been convicted of a crime listed in § 5–202(d) of this title; or

(2) a crime punishable by life imprisonment without parole.
Md. Code, Education § 5-305 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

(a) Each county board shall keep:

(1) All money for the construction of public school buildings and public school facilities and the purchase of land for public schools in a separate account from that used for current expenses; and

(2) A separate and independent accounting system for all public school construction money.

(b) (1) In Anne Arundel County, the county board may borrow from one fund to meet temporary cash requirements of another fund or to reimburse another fund for services performed.

(2) This borrowing or reimbursement is subject to the county charter.
Md. Code, Economic Development § 5-536 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-536
§5–536.
Status: in_force

The Authority shall administer the Fund.
Md. Code, Public Safety § 5-102 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: reserved

This subtitle does not apply to:

(1) the transfer or possession of a regulated firearm or detachable magazine:

(i) for testing or experimentation authorized by the Secretary; and

(ii) by a federally licensed gun manufacturer, dealer, or importer;

(2) the sale, transfer, or possession of an antique firearm;

(3) an unserviceable firearm sold, transferred, or possessed as a curio or museum piece;

(4) law enforcement personnel of any unit of the federal government, members of the armed forces or the National Guard, or law enforcement personnel of the State or any local agency in the State, while those personnel or members are acting within the scope of their official duties;

(5) a regulated firearm modified to render it permanently inoperative;

(6) purchases, sales, and transportation to or by a federally licensed gun manufacturer, dealer, or importer;

(7) an organization that is required or authorized by federal law governing its specific business or activity to maintain firearms;

(8) the receipt of a regulated firearm by inheritance, if the heir forwards to the Secretary a completed application to purchase or transfer that regulated firearm; or

(9) a signal pistol or other visual distress signal that the United States Coast Guard approves as a marine safety device.
Md. Code, Human Services § 5-202 — MD Code / Article ghu / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

The Administration and the Executive Director exercise their authority, duties, and functions under any State law subject to the authority of the Secretary under any State law.
Md. Code, Business Occupations and Professions § 5-509 — MD Code / Article gbo / Title 5 / Subtitle 5 / Section 5-509
§5–509.
Status: in_force

(a) The Board may adopt regulations to ensure that each cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission is operated in a sanitary manner.

(b) The regulations adopted under subsection (a) of this section shall provide for:

(1) the reporting of violations of the regulations to the Department of Education or the Maryland Higher Education Commission; and

(2) the imposition of a fine not to exceed $300 for a violation of the regulations.

(c) In determining the amount of financial penalty to be imposed under this section, the Board shall consider the following:

(1) the seriousness of the violation;

(2) the good faith of the violator;

(3) the violator’s history of previous violations;

(4) the deleterious effect of the violation on the complainant, the public, and the barber industry; and

(5) any other factors relevant to the determination of the financial penalty.

(d) (1) The Board shall commence proceedings to assess a penalty under this section on a complaint to the Board by a member of the Board or any person.

(2) A complaint shall:

(i) be in writing;

(ii) include the name and necessary contact information of the individual filing the complaint, as determined by the Board;

(iii) state specifically the facts on which the complaint is based;

(iv) be submitted to the Executive Director of the Board; and

(v) be served on the person to whom it is directed:

1. personally; or

2. by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records.

(3) If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

(e) (1) Except as provided in subsection (f) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5–523 of this subtitle to assess a penalty.

(2) If the Board does not make the finding, the Board shall dismiss the complaint.

(f) (1) If the Board makes the finding under subsection (e)(1) of this section for a violation that relates to the sanitary condition of a cosmetology school or the sanitary practice of cosmetology, the Board shall provide the owner of the school an opportunity to correct the alleged violation.

(2) If the owner fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5–523 of this subtitle.

(3) If the owner corrects each alleged violation within 10 days of notice, the Board shall:

(i) dismiss the complaint; and

(ii) provide the owner written notification of the dismissal.
Md. Code, Natural Resources § 5-1001 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: reserved

(a) The Department having acquired the land, rights-of-way, and easements for the purpose of protecting and maintaining a walking trail across the State, now generally known as the Appalachian Trail, may provide shelters and other facilities on it. Any unit of the State, or any political subdivision, may transfer to the Department land or rights in land for these purposes, on terms and conditions agreed upon, or enter into an agreement with the Department providing for establishment and protection of the trail. The Department may enter into cooperative agreements with agencies of the federal government or private organizations to provide for the maintenance of the trail.

(b) The trail shall be held, developed, and administered primarily as a footpath and its natural scenic beauty preserved as far as feasible. However, the Department may permit other uses of the trail and associated land acquired by the State, by the owner of adjoining land, or others, in a manner and at seasons as will not substantially interfere with primary use of the trail.

(c) This section does not limit the right of the public to pass over any existing public road which is a part of the trail, nor prevent the Department from performing work necessary for forest fire prevention and control, pest and disease control, and removal of damage caused by natural disaster. The Department may grant temporary or permanent rights-of-way across lands acquired under this section under terms and conditions deemed advisable. No person who has granted a right-of-way for the trail across his land, or his successor in title, is liable to any user of the trail for injuries suffered on that portion of the trail unless the injuries were caused by the willful or wanton misconduct of the person, or his successor in title, who has been granted a right-of-way.
Md. Code, Corporations and Associations § 5-504 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: reserved

A cooperative has the power to:

(1) Engage in or finance any activity in connection with:

(i) Producing, marketing, selling, preserving, drying, catching, taking, harvesting, cultivating, propagating, processing, canning, packing, handling, storing, purchasing, or using any agricultural or fishery products of its members or nonmember patrons or goods incidentally and customarily purchased or marketed in conjunction with these products;

(ii) Manufacturing or marketing the by-products of these products; or

(iii) The purchase, hire, or use by its members or nonmember patrons of supplies, machinery, equipment, or services;

(2) Transport the products of its members or nonmember patrons, even if in competition with licensed common carriers;

(3) Borrow money, give its notes, bonds, or other obligations for the debt, and secure payment of the debt;

(4) Make advances to its members or nonmember patrons on their products held by the cooperative;

(5) Act as an agent for or representative of any member or nonmember patron in any activity listed in items (1) through (4) of this section;

(6) Deposit or invest surplus funds in:

(i) Direct and indirect obligations of the United States, any other government, state, territory, government district, and municipality, and any instrumentality of them;

(ii) Any Maryland banking institution, or any national bank located in a state in which the cooperative has members; and

(iii) Shares or certificates of deposit of any insured savings and loan association permitted to do business in the State;

(7) Buy or otherwise acquire, hold, own, and exercise all rights of ownership in and sell, transfer, or pledge shares of the capital stock or bonds of any cooperative or any corporation or association engaged in any related activity, including the financing of the activities of cooperatives;

(8) Establish and accumulate reserves and surplus to capital and any other funds authorized by its charter or bylaws;

(9) Buy, hold, and exercise every privilege of ownership over any real or personal property necessary or convenient for or incidental to the conduct and operation of the business of the cooperative;

(10) Sue, be sued, complain, and defend in all courts;

(11) Issue stock of any class authorized by its charter;

(12) Issue certificates of indebtedness;

(13) Provide by contract with its members or nonmember patrons that any money due from the cooperative to them may be retained as necessary:

(i) To pay dividends on preferred stock or interest on certificates of indebtedness; and

(ii) To be used to retire the stock or certificates of indebtedness;

(14) Issue to each nonmember patron a certificate or other evidence of his equity in any fund, capital investment, or other assets of the cooperative, which certificate or other evidence of equity may be transferred only to the cooperative or to another purchaser approved by the board of directors, on the terms and conditions provided in its bylaws and printed on the certificate or other evidence of equity;

(15) Do anything necessary, suitable, or proper to accomplish the purposes mentioned in this section and exercise each power, right, and privilege necessary or incidental to the purposes for which the cooperative is organized or to the activities in which it is engaged; and

(16) Exercise any other right, power, and privilege granted by the laws of the State to corporations in general, if not inconsistent with the provisions of this subtitle.
Md. Code, Education § 5-113 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-113
§5–113.
Status: in_force

(a) A county governing body may notify the Department that a local board has not complied with one or more reporting requirements under this subtitle or one of the expenditure limitations of § 5-105 of this subtitle.

(b) The Department shall investigate a complaint filed under this section. If the State Superintendent determines, after taking into account aggravating and mitigating circumstances, that a violation has occurred without reasonable justification, for the next fiscal year following the final determination of a violation, the county board may not make a category expenditure, as defined by the Maryland Board of Education reporting manual, in excess of the category expenditure in the operating budget approved by the county governing body without the prior approval of the county governing body. If the county governing body fails to take action on a request for approval within 30 days after the receipt of a written request, the failure to take action constitutes approval.
Md. Code, Corporations and Associations § 5-318 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-318
§5–318.
Status: in_force

Subject to the discipline and government of the Roman Catholic Church, a religious corporation formed under this part has:

(1) To the extent that they are consistent with the general character of the religious corporation, the general powers set forth in § 2-103 of this article; and

(2) The powers set forth in § 5-306 of this subtitle.
Md. Code, General Provisions § 5-822 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-822
§5–822.
Status: in_force

In this part, “commissioner” means a commissioner of a bicounty commission.
Md. Code, Insurance § 5-509 — MD Code / Article gin / Title 5 / Subtitle 5 / Section 5-509
§5–509.
Status: in_force

(a) The definitions in § 5-511 of this subtitle apply in this section.

(b) This section does not apply to Canadian securities and investments that are eligible for investment under other provisions of this subtitle.

(c) Subject to the limitations of § 5-511 of this subtitle, a life insurer may acquire foreign investments, or engage in investment practices with persons of or in foreign jurisdictions, of substantially the same types as those that a life insurer is allowed to acquire under this subtitle, other than those of the type prohibited under § 5-506 of this subtitle if, as a result of and after giving effect to the investment:

(1) the aggregate amount of foreign investments then held by the life insurer under this subsection does not exceed 20% of its admitted assets; and

(2) the aggregate amount of foreign investments then held by the life insurer under this subsection in a single foreign jurisdiction does not exceed:

(i) 10% of its admitted assets for a foreign jurisdiction that has a sovereign debt rating of investment grade or higher by a nationally recognized statistical rating organization; or

(ii) 3% of its admitted assets for any other foreign jurisdiction.

(d) (1) Subject to the limitations of § 5-511 of this subtitle, a life insurer may acquire investments or engage in investment practices denominated in foreign currencies, whether or not they are foreign investments acquired under subsection (c) of this section, or additional foreign currency exposure as a result of the termination or expiration of a hedging transaction with respect to investments denominated in a foreign currency, if:

(i) the aggregate amount of investments then held by the life insurer under this subsection denominated in foreign currencies does not exceed 10% of its admitted assets; and

(ii) the aggregate amount of investments then held by the life insurer under this subsection denominated in the foreign currency of a single foreign jurisdiction does not exceed:

1. 10% of its admitted assets for a foreign jurisdiction that has a sovereign debt rating of investment grade or higher by a nationally recognized statistical rating organization; or

2. 3% of its admitted assets for any other foreign jurisdiction.

(2) Notwithstanding paragraph (1) of this subsection, an investment is not considered denominated in foreign currency if the acquiring insurer enters into one or more contracts in derivative transactions and the business entity counterparty agrees under the contract or contracts to exchange all payments made on the foreign currency denominated investment for United States currency at a rate that effectively insulates the investment cash flows against future changes in currency exchange rates during the period the contract or contracts are in effect.

(e) (1) In addition to investments allowed under subsections (c) and (d) of this section, a life insurer that is authorized to do business in a foreign jurisdiction, and that has outstanding insurance, annuity, or reinsurance contracts on lives or risks resident or located in that foreign jurisdiction and denominated in the foreign currency of that jurisdiction, may acquire foreign investments with respect to that foreign jurisdiction, and may acquire investments denominated in the currency of that jurisdiction, subject to the limitations of § 5-511 of this subtitle.

(2) Notwithstanding paragraph (1) of this subsection, investments made under this subsection in obligations of foreign governments, their political subdivisions, and government sponsored enterprises are not subject to the limitations of § 5-511 of this subtitle if those investments carry a rating of investment grade or higher by a nationally recognized statistical rating organization.

(3) The aggregate amount of investments acquired by the life insurer under this subsection may not exceed the greater of:

(i) the amount that the life insurer is required by the law of the foreign jurisdiction to invest in the foreign jurisdiction; and

(ii) 115% of the amount of its reserves, net of reinsurance, and other obligations under the contracts on lives or risks resident or located in the foreign jurisdiction.

(f) (1) In addition to investments allowed under subsections (c) and (d) of this section, a life insurer that is not authorized to do business in a foreign jurisdiction, but which has outstanding insurance, annuity, or reinsurance contracts on lives or risks resident or located in that foreign jurisdiction and denominated in the foreign currency of that jurisdiction, may acquire foreign investments with respect to that foreign jurisdiction, and may acquire investments denominated in the currency of that jurisdiction, subject to the limitations of § 5-511 of this subtitle.

(2) Notwithstanding paragraph (1) of this subsection, investments made under this subsection in obligations of foreign governments, their political subdivisions, and government sponsored enterprises are not subject to the limitations of § 5-511 of this subtitle if those investments carry a rating of investment grade or higher by a nationally recognized statistical rating organization.

(3) The aggregate amount of investments acquired by the life insurer under this subsection may not exceed 105% of the amount of its reserves, net of reinsurance, and other obligations under the contracts on lives or risks resident or located in the foreign jurisdiction.

(g) (1) Investments acquired under this section shall be aggregated with investments of the same type made under all other provisions of this subtitle, and in a similar manner, for purposes of determining compliance with the limitations, if any, contained in the other provisions of this subtitle.

(2) Investments in obligations of foreign governments, their political subdivisions, and government sponsored enterprises, except for those exempted under subsections (e) and (f) of this section, are subject to the limitations of § 5-511 of this subtitle.
Md. Code, Family Law § 5-2A-06 — MD Code / Article gfl / Title 5 / Subtitle 2A / Section 5-2A-06
§5–2A–06.
Status: in_force

The Supreme Court of Maryland may adopt rules to implement the provisions of this subtitle.
Md. Code, Estates and Trusts § 5-404 — MD Code / Article get / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) (1) A hearing for judicial probate is a plenary proceeding conducted in accordance with the provisions of § 2–105 of this article.

(2) A hearing for judicial probate shall adjudicate the issues raised in the hearing and shall determine the testamentary capacity of the decedent if the decedent died testate.

(3) After the hearing for judicial probate the court shall appoint one or more personal representatives and shall, if appropriate, revoke, modify, or confirm action taken at the administrative or any prior judicial probate.

(b) Unless the court shall otherwise order, the examination of the witnesses to the will shall be conducted by the court.
Md. Code, Public Safety § 5-502 — MD Code / Article gps / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

(a) There is a Cease Fire Council in the Governor’s Office of Crime Prevention and Policy.

(b) (1) The Council consists of 11 members.

(2) Of the 11 members of the Council:

(i) one shall be the Secretary of Juvenile Services or a designee;

(ii) one shall be the Secretary of State Police or a designee;

(iii) one shall be the Secretary of Public Safety and Correctional Services or a designee;

(iv) one shall be the Executive Director of the Governor’s Office of Crime Prevention and Policy or a designee;

(v) two shall be State’s Attorneys who are recommended by the President of the Maryland State’s Attorneys’ Association, appointed by the Governor;

(vi) one shall be a sheriff, appointed by the Governor;

(vii) one shall represent the Maryland Chiefs of Police Association, appointed by the Governor;

(viii) one shall represent the Maryland Municipal Police Executives Association, appointed by the Governor; and

(ix) two shall represent the public, appointed by the Governor.

(c) (1) The appointed members serve at the pleasure of the Governor.

(2) The term of an appointed member is 3 years.

(3) The terms of the appointed members are staggered as required by the terms provided for appointed members of the Council on October 1, 2003.

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

(d) The Secretary of State Police or the Secretary’s designee is the Chairman of the Council.

(e) A member of the Council:

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

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

(f) (1) The Governor’s Office of Crime Prevention and Policy shall provide staff support for the Council.

(2) The Assistant Attorney General assigned to the Governor’s Office of Crime Prevention and Policy is the legal advisor to the Council.
Md. Code, Economic Development § 5-207 — MD Code / Article gec / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) The Department shall prepare the loan documents for loans under this subtitle.

(b) The loan documents shall include:

(1) the interest rate on the loan;

(2) the amount of the loan;

(3) repayment provisions for the loan; and

(4) any other provision that the Department determines is necessary, including a provision on taking liens and security interests in real or personal property.
Md. Code, Health - General § 5-504 — MD Code / Article ghg / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

A person may not transport a body to a crematory or reduction facility without using a cot and pouch or receptacle.
Md. Code, Public Safety § 5-705 — MD Code / Article gps / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

The Secretary may adopt regulations to carry out the provisions of this subtitle.
Md. Code, Correctional Services § 5-102 — MD Code / Article gcs / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) The creation of the Division is based on the findings and policies set forth in this section.

(b) (1) Each year a large number of individuals have criminal charges placed against them in Baltimore City and remain on pretrial status until these charges are adjudicated.

(2) Many of the individuals on pretrial status were formerly committed to the Baltimore City Jail.

(c) There is an important public need to centralize and coordinate the provision of services to individuals on a pretrial status in Baltimore City.

(d) Baltimore City does not have the financial resources to fund a local correctional facility at a level sufficient to meet the needs of those incarcerated.

(e) The State recognizes the need to provide effective and efficient services to the public through management of the pretrial population in Baltimore City.
Md. Code, Family Law § 5-3A-20 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-20
§5–3A–20.
Status: in_force

(a) If all consents for guardianship of a child have been given in accordance with this subtitle, a court may enter an order for guardianship.

(b) (1) Within 5 days after entry of an order under this section, a court shall notify each party to the case who has not waived the right to notice.

(2) Notice under this subsection shall be by first-class mail.

(3) Notice under this subsection shall be sent to a party’s last address known to the court.
Md. Code, Public Safety § 5-133.1 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-133.1
§5–133.
Status: in_force

§5–133.1.

(a) In this section, “ammunition” means a cartridge, shell, or any other device containing explosive or incendiary material designed and intended for use in a firearm.

(b) A person may not possess ammunition if the person is prohibited from possessing a regulated firearm under § 5–133 (b) or (c) of this subtitle.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
Md. Code, Economic Development § 5-570 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-570
§5–570.
Status: in_force

(a) The Authority may only approve a guaranty or a bond under this part if the Authority determines that the contract, for which a bond is sought to be guaranteed or issued, will have a substantial economic impact.

(b) To determine the economic impact of a contract, the Authority may consider:

(1) the amount of the guaranty obligation;

(2) the terms of the bond to be guaranteed;

(3) the number of new jobs that the contract to be bonded will create; and

(4) any other factor that the Authority considers relevant.
Md. Code, Labor and Employment § 5-805 — MD Code / Article gle / Title 5 / Subtitle 8 / Section 5-805
§5–805.
Status: in_force

(a) Unless the Commissioner or an authorized representative of the Commissioner gives written approval, a person may not give advance notice of an inspection to be made under this title.

(b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.
Md. Code, Environment § 5-907 — MD Code / Article gen / Title 5 / Subtitle 9 / Section 5-907
§5–907.
Status: in_force

(a) The Department may not issue a nontidal wetland permit for a regulated activity unless the Department finds that the applicant has demonstrated that the regulated activity:

(1) (i) Is water dependent and requires access to the nontidal wetland as a central element of its basic function; or

(ii) Is not water dependent and has no practicable alternative;

(2) Will minimize alteration or impairment of the nontidal wetland, including existing topography, vegetation, fish and wildlife resources, and hydrological conditions;

(3) Will not cause or contribute to a degradation of groundwaters or surface waters; and

(4) Is consistent with any comprehensive management plan that may be developed in accordance with § 5–908 of this subtitle.

(b) The applicant shall demonstrate to the satisfaction of the Department that practicable alternatives have been analyzed and that the regulated activity has no practicable alternative. In evaluating whether the proposed regulated activity has a practicable alternative, the Department shall consider:

(1) Whether the basic project purpose cannot be reasonably accomplished utilizing one or more other sites in the same general area that would avoid or result in less adverse impact on nontidal wetlands;

(2) Whether a reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs that would result in less adverse impact on the nontidal wetland would not accomplish the basic purpose of the project;

(3) In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as inadequate zoning, infrastructure, or parcel size, whether the applicant has made reasonable attempts to remove or accommodate these constraints; and

(4) The economic value of the proposed regulated activity in meeting a demonstrated public need in the area and the ecological and economic value associated with the nontidal wetland.
Md. Code, Corporations and Associations § 5-520 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-520
§5–520.
Status: in_force

(a) The bylaws of a cooperative shall state the number or percentage of the members necessary to constitute a quorum at a meeting.

(b) A member who votes by mail may not be counted in computing a quorum.
Md. Code, Agriculture § 5-201 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

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

(b) “Application” means the spreading of pesticides, by contract or otherwise, for any person owning or renting property.

(c) “Certified applicator” means a person who is certified by the Secretary under this subtitle.

(d) “Customer” means a person who has entered into a contract with a licensee for pest control.

(e) “Device” means an instrument or mechanical contrivance intended to trap, locate, destroy, control, repel, or mitigate pests.

(f) “Label” means the written, printed, or graphic matter on, or attached to, the pesticide or device, or any of its containers or wrappers.

(g) “Labeling” means all written, printed, or graphic matter:

(1) Accompanying the pesticide or device at any time; or

(2) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the:

(i) Environmental Protection Agency;

(ii) United States Departments of Agriculture, Interior, and Health and Human Services;

(iii) State experiment stations;

(iv) State agricultural colleges; or

(v) Other similar federal or State institutions or agencies authorized by law to conduct research in the field of pesticides.

(h) “Pest” means an insect, snail, slug, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms, on or in living man or any other living animal) which normally is considered to be a pest or which the Secretary declares to be a pest.

(i) “Pest control” means engaging in, or offering to engage in, recommending, advertising, soliciting the use of, supervising the use of, or using, a pesticide or a device for the identification, control, eradication, mitigation, detection, inspection, or prevention of a pest in, on, or around any house, building, water, air, land, plant, structure, or animal.

(j) (1) “Pest control applicator” means a person engaged in the business of pest control.

(2) Except as provided by the Secretary, “pest control applicator” includes a person who applies pesticides on any premises where the public is commonly invited for the sale of goods or services.

(k) “Pest control consultant” means a person who engages in the business of:

(1) Offering or supplying technical advice or supervision;

(2) Inspecting for or identifying pests; or

(3) Recommending the use of a specific pesticide for the purpose of controlling a pest in or on water, air, land, plants, structures, or animals.

(l) “Pesticide” means any substance or mixture of substances intended for:

(1) Preventing, destroying, repelling, or mitigating any pest;

(2) Use as a plant regulator, defoliant, or desiccant; or

(3) Use as a spray adjuvant such as a wetting agent or adhesive.

(m) “Pesticide business license” means a license issued by the Secretary to any business in accordance with this subtitle.

(n) “Place of business” means any location from which pest control is conducted.

(o) “Private applicator” means a person who uses a restricted use pesticide for the purpose of producing any agricultural commodity on property owned or rented by the applicator or applicator’s employer.

(p) “Public agency applicator” means a person employed by a unit of federal, State, county or local government or any training institution which is engaged in pest control.

(q) “Registered employee” means an employee of a firm or public agency engaged in pest control.

(r) “Restricted use pesticide” means a pesticide so classified by the provisions in this title or by the federal government or the Secretary of Agriculture, State of Maryland.

(s) “Supervision” means, unless otherwise provided by federal or State labeling, the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is:

(1) Responsible for actions of that person; and

(2) Available when needed, though the certified applicator may not be physically present at the time and place the pesticide is applied.
Md. Code, Estates and Trusts § 5-402 — MD Code / Article get / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

A proceeding for judicial probate shall be instituted at any time before administrative probate or within the period after administrative probate provided by § 5–304 of this title:

(1) At the request of an interested person;

(2) By a creditor in the event that there has been no administrative probate;

(3) If it appears to the court or the register that the petition for administrative probate is materially incomplete or incorrect in any respect;

(4) If the will has been torn, mutilated, burned in part, or marked in a way as to make a significant change in the meaning of the will; or

(5) If it is alleged that a will is lost or destroyed.
Md. Code, Business Regulation § 5-306 — MD Code / Article gbr / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) While a registration is in effect, it authorizes the registrant to engage in the operation of a cemetery, crematory, reduction facility, or burial goods business.

(b) This title does not limit the right of a person to practice funeral direction or mortuary science, or operate a crematory, if the person is licensed or otherwise authorized under Title 7 of the Health Occupations Article.
Md. Code, Financial Institutions § 5-1007 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1007
§5–1007.
Status: in_force

(a) The Commissioner shall decide whether to approve the establishment of a branch of a banking institution within 30 days of receipt of the notice specified in § 5-1005 of this subtitle.

(b) A branch shall be deemed approved if the Commissioner takes no action on the notice within the time limit specified in this section.
Md. Code, Natural Resources § 5-707 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-707
§5–707.
Status: in_force

(a) Between October 1 and April 15, every person who operates a railroad in the State shall establish a means to prevent a forest fire along the parts of its tracks adjacent to which the Department finds a fire hazard exists or probably may be caused by failure to take precautions. If the Department believes other precautionary means are insufficient, the person shall clear a safety strip of a width not exceeding 100 feet, as the Department determines, measured horizontally from the outer rail. The safety strip shall be cleared by removing all dead wood, fallen leaves, withered grass, and other flammable material, except fences, buildings, and manufactured products, from the ground embraced within the width prescribed. This subsection does not prevent the person from piling and storing along its right–of–way any materials necessary for construction, maintenance, or operation of its railroad.

(b) By September 1 of each year, the Department shall notify the person who operates a railroad in the State of the parts of its tracks where a fire hazard exists or probably may be caused to exist by failure to take precautions, or of the necessity for a safety strip.

(c) Subject to the provisions of subsection (d) of this section, the person may clear the safety strips of flammable material without liability for trespass. However, they may not remove or damage any fence, building, merchantable timber, or living trees as the owner designates without compensating him.

(d) (1) The Department shall obtain written permission of the actual owner of any property involved in clearing safety strips for the annual clearing prescribed by the provisions of subsection (a) of this section. The notice requesting written permission shall be made either by registered or certified mail directed to the last known address of the property owner of record, or by personal service on him. (2) If the owner of record is not served by either of these methods, the Department shall publish a notice of the annual clearing by the first day of September of each year at least once in two papers of general circulation in the county where all or a major portion of the property lies. The notice shall quote the provisions of this section. (3) If the owner does not file an objection to the clearing with the Department within 15 days after the mailing, personal service, or publication of notice, the owner shall be deemed to give consent to the clearing, and to entry on his property for this purpose. (4) If the owner refuses his permission, or if he timely files an objection, the Department may serve on him, by personal service or registered or certified mail, a written order for the owner to clear the safety strips within the time prescribed in subsection (a) of this section in the manner the Department directs. Any owner who fails to comply with the order within the prescribed time is liable to the fine provided for in § 5–714 of this subtitle.
Md. Code, Courts and Judicial Proceedings § 5-637 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-637
§5–637.
Status: in_force

(a) In this section, “medical review committee” has the meaning stated in § 1-401 of the Health Occupations Article.

(b) A person who acts in good faith and within the scope of the jurisdiction of a medical review committee is not civilly liable for any action as a member of the medical review committee or for giving information to, participating in, or contributing to the function of the medical review committee.
Md. Code, Labor and Employment § 5-703 — MD Code / Article gle / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

(a) The Commissioner may require, by regulation, that an employer keep each record about an activity of the employer that relates to this title as the Commissioner considers appropriate or necessary to enforce this title.

(b) Each employer shall make available to the Commissioner each record that the employer is required to keep under this section.
Md. Code, Agriculture § 5-203 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

All fees collected under the provisions of this subtitle shall be placed in a fund, known as the “Pesticide Fund”, and used to defray partially the expenses of administering this subtitle. Any unexpended funds shall revert to the General Fund of the State at the end of the fiscal year.
Md. Code, Tax - Property § 5-102 — MD Code / Article gtp / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) Real property is subject to assessment and taxation in the State, the county, and, if applicable, municipal corporation or special tax district where the real property is situated.

(b) (1) Except as provided in paragraph (2) of this subsection, subsection (c) of this section, and for operating property in § 6-103 of this article, tangible personal property located in the State is subject to assessment and taxation in the county and, if applicable, municipal corporation where the tangible personal property is permanently located.

(2) If tangible personal property located in the State is not permanently located in any county, it is subject to assessment and taxation where the owner resides.

(c) The stock in business of a manufacturing or commercial business is subject to assessment and taxation in the county and, if applicable, municipal corporation where the business is carried on.

(d) If trustees of personal property include trustees who are nonresidents of the State, the property shall be treated as held by a resident of the State in the same proportion that the number of trustees who are residents of the State bears to the total number of trustees. The remainder of the property shall be treated as held by a nonresident of the State.
Md. Code, Human Services § 5-201 — MD Code / Article ghu / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

There is a Family Investment Administration in the Department.
Md. Code, Courts and Judicial Proceedings § 5-631 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-631
§5–631.
Status: in_force

(a) A person who acts in good faith is not civilly liable for:

(1) Making a report under § 19-347 of the Health - General Article;

(2) Participating in an investigation arising out of a report under § 19-347 of the Health - General Article;

(3) Participating in a judicial proceeding arising out of a report under § 19-347 of the Health - General Article; or

(4) Participating in transferring, suspending, or terminating the employment of any individual who is believed to have abused or aided in abusing a resident under § 19-347 of the Health - General Article.

(b) This section does not grant any immunity for an abuser who makes a report or participates in the investigation or proceeding.
Md. Code, Family Law § 5-543 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-543
§5–543.
Status: in_force

(a) A member of a local board or local panel may not receive compensation.

(b) Each member of a local board or local panel is subject to the same standards of confidentiality as an employee of the Administration.
Md. Code, Election Law § 5-1001 — MD Code / Article gel / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: in_force

(a) When a local board receives a certificate of designation and a certificate of candidacy to fill a vacancy in nomination under this subtitle, it shall notify the State Board of the change by the end of the next business day following the receipt of the certificates.

(b) When the State Board is notified by a local board of a change in nomination under subsection (a) of this section or when a certificate of designation and a certificate of candidacy to fill a vacancy in nomination is filed directly with the State Board under this subtitle, the State Board shall:

(1) certify the nomination and substitute, for the name of the original nominee, the name of the individual who has been designated and determined to be qualified to have that individual’s name placed on the ballot as a successor nominee; and

(2) certify the new nomination to the appropriate local boards.

(c) If the State Board has already issued a certificate of nomination for a nominee under this section, it promptly shall certify to the appropriate local boards:

(1) the name and residence of the individual designated by the State central committee of the political party as the successor nominee to fill the vacancy;

(2) the office for which the successor nominee is nominated;

(3) the political party the successor nominee represents; and

(4) the name of the individual for whom the successor nominee is substituted.

(d) If a successor nominee to fill a vacancy in office is certified by the State Board under this section, the certificate of nomination for the prior nominee is void.
Md. Code, Criminal Law § 5-705 — MD Code / Article gcr / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

(a) Subject to subsection (c) of this section, in a criminal case involving counterfeiting of a prescription under this title, an affidavit by an authorized provider may be introduced as evidence that:

(1) the signature on a prescription of the authorized provider has been counterfeited;

(2) the individual named on the prescription was not a patient of the authorized provider; or

(3) the individual named on the prescription did not have a prescription from the authorized provider for the named prescription drug or controlled dangerous substance or did not have a prescription for that quantity of the prescription drug or controlled dangerous substance.

(b) The affidavit shall:

(1) be attached to a copy of the prescription;

(2) be given under oath subject to the penalty of perjury;

(3) declare that the prescription is counterfeit or altered;

(4) describe in detail the parts of the prescription that have been counterfeited; and

(5) state whether a patient relationship exists between the individual named on the prescription and the authorized provider.

(c) (1) At least 10 days before a proceeding in which the State intends to introduce into evidence an affidavit as provided under subsection (b) of this section, the State shall provide written notice to the defendant that the State intends to:

(i) rely on the affidavit; and

(ii) introduce the affidavit into evidence at the proceeding.

(2) On written demand of a defendant filed at least 5 days before the proceeding described in subsection (a) of this section, the State shall require the presence of the affiant as a prosecution witness.
Md. Code, Business Occupations and Professions § 5-506.1 — MD Code / Article gbo / Title 5 / Subtitle 5 / Section 5-506.1
§5–506.
Status: reserved

§5–506.1.

(a) The Board may reinstate a beauty salon permit that has expired if the owner of the salon:

(1) applies to the Board for reinstatement within 45 days after the permit expires;

(2) otherwise meets the requirements of § 5–506(c) of this subtitle; and

(3) pays to the Board a reinstatement fee established by the Board in accordance with § 5–205 of this title, in addition to the renewal fee required under § 5–506(c)(2) of this subtitle.

(b) If an owner of a salon has failed to renew a beauty salon permit and applies to the Board for reinstatement more than 45 days after the permit has expired, the Board shall reinstate the permit only if the salon owner qualifies for a beauty salon permit in accordance with §§ 5–502 and 5–503 of this subtitle.
Md. Code, Local Government § 5-208 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-208
§5–208.
Status: in_force

(a) A municipality may provide for the creation, appointment, duties, and powers of a board of port wardens to exercise jurisdiction in the municipality.

(b) (1) A board of port wardens may regulate the placement or construction of structures or other barriers in or on the waters of the municipality.

(2) The board may:

(i) issue licenses to build wharves or piers; and

(ii) issue permits for mooring piles, floating wharves, buoys, and anchors.

(3) When issuing licenses or permits under paragraph (2) of this subsection, the board shall consider:

(i) the present and proposed uses of the waters;

(ii) the effect of the present and proposed uses of the waters on marine life, wildlife, conservation, water pollution, erosion, and navigational hazards;

(iii) the effect of the proposed use of the waters on congestion in the waters;

(iv) the effect of the proposed use of the waters on other riparian property owners; and

(v) the present and projected needs for any proposed commercial or industrial use in or on the waters of the municipality.

(4) The board shall ensure that the improvements do not render navigation too close and confined.

(5) The board may regulate the materials for and construction of the improvements.

(6) This subsection does not affect the zoning power of the municipality.

(c) (1) Unless a person has been granted a license or permit from the board of port wardens, a person may not:

(i) build a wharf or pier;

(ii) move any earth or other material for the purpose of building a wharf or pier; or

(iii) place or construct mooring piles, floating wharves, buoys, or anchors.

(2) A person may not build a wharf or pier:

(i) a greater distance into the water than approved by the board; or

(ii) in a different form or of different materials than approved by the board.

(3) A person who violates this subsection is subject to a fine set by the legislative body of the municipality.

(d) A person aggrieved by a decision of a board of port wardens may appeal the decision:

(1) to the legislative body of the municipality; or

(2) if authorized by ordinance, to the circuit court of the appropriate county.
Md. Code, State Finance and Procurement § 5A-360 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-360
§5A–360.
Status: in_force

For fiscal year 2025 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation of $5,000,000 to the Trust to fund grants under the Program.
Md. Code, Economic Development § 5-1202 — MD Code / Article gec / Title 5 / Subtitle 12 / Section 5-1202
§5–1202.
Status: in_force

(a) There is a Maryland Nonprofit Development Center Program in the Department.

(b) The Program shall foster, support, and assist the economic growth and revitalization of qualifying nonprofit entities in the State by providing training and technical assistance services and bridge loans to nonprofit entities that have received written confirmation of funding from government grants or contracts but have not yet received the funding.
Md. Code, Education § 5-212 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-212
§5–212.
Status: in_force

(a) The target per pupil foundation amount includes costs associated with implementing the Blueprint for Maryland’s Future including:

(1) Increasing salaries;

(2) Additional teachers to provide professional learning and collaborative time for teachers;

(3) Career counseling;

(4) Behavioral health;

(5) Instructional opportunities for students who are college and career ready and those who are not;

(6) Maintenance and operation of schools;

(7) Supplies and materials for teachers; and

(8) Educational technology including digital devices, broadband connectivity, and information technology staff.

(b) Schools may use funds provided under this section to provide the programs required under COMAR 13A.04.16.01.

(c) (1) County boards of education and schools shall prioritize the purchase of digital devices for using funds under subsection (a)(8) of this section.

(2) Additional funds provided in the target per pupil foundation amount for educational technology are intended to supplement and not supplant existing funding provided for educational technology.

(3) (i) On or before November 15 each year, each county board shall submit a report to the Department detailing, for the previous fiscal year:

1. The amount spent by the local school system on technology disaggregated by digital devices, connectivity, and information technology staff; and

2. The percentage of students, teachers, and staff with digital devices and adequate connectivity in their homes in accordance with the Federal Communications Commission standards for broadband.

(ii) On or before December 15 each year, the Department shall submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, a compilation of the reports submitted to the Department under subparagraph (i) of this paragraph.

(iii) On or before September 1, 2021, the Department shall establish uniform reporting requirements, including definitions to ensure that consistent and comparable reports are submitted under subparagraph (i) of this paragraph.
Md. Code, Health - General § 5-904 — MD Code / Article ghg / Title 5 / Subtitle 9 / Section 5-904
§5–904.
Status: in_force

(a) On request of the chair of a local team and as necessary to carry out the purpose and duties of the local team, the local team shall be immediately provided with:

(1) Access to information and records, including information about physical health, mental health, and treatment for substance abuse, maintained by a health care provider for:

(i) An individual whose death or near fatality is being reviewed by the local team; or

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

(2) Access to information and records maintained by a State or local government agency, including death certificates, law enforcement investigative information, medical examiner investigative information, parole and probation information and records, and information and records of a social services agency, if the agency provided services to:

(i) An individual whose death or near fatality is being reviewed by the local team;

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

(iii) The family of an individual described in item (i) or (ii) of this item.

(b) Substance abuse treatment records requested or provided under this section are subject to any additional limitations on disclosure or redisclosure of a medical record developed in connection with the provision of substance abuse treatment services under State law or 42 U.S.C. § 290dd–2 and 42 C.F.R. Part 2.
Md. Code, State Personnel and Pensions § 5-312 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-312
§5–312.
Status: in_force

If, during an investigation under § 5-309(c) of this subtitle, the Secretary or Governor's designee finds that reasonable grounds exist to believe that a crime has been committed, the Secretary or Governor's designee shall:

(1) promptly refer the matter to an appropriate prosecutor;

(2) make all pertinent evidence available to the prosecutor; and

(3) send to the individual believed to have committed the crime a notice that:

(i) contains a statement of the allegation;

(ii) notifies the individual that the matter has been referred to a prosecutor;

(iii) advises the individual of the individual's right to obtain counsel; and

(iv) advises the individual of the individual's right to refuse to respond to the allegation if a response might be incriminating.
Md. Code, State Finance and Procurement § 5A-302 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-302
§5A–302.
Status: in_force

The General Assembly finds that:

(1) historic properties significant to the State’s heritage are being lost or substantially altered, often inadvertently, with increasing frequency;

(2) historic properties are a vital part of our community life and development and cannot be replaced if lost or destroyed;

(3) it is in the public interest to preserve the State’s heritage and enrich present and future generations with the cultural, educational, inspirational, social, and economic benefits of the past;

(4) increasing knowledge of our historic resources, establishing better means of identifying and administering them, and encouraging their preservation will assist the economic and cultural growth of the State; and

(5) the State’s heritage has been enriched by accomplishments and contributions of the State’s private preservation organizations, and their continuing activities are in the public interest.
Md. Code, Family Law § 5-3A-36 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-36
§5–3A–36.
Status: in_force

(a) (1) This subsection does not limit the right of an individual to provide for distribution of property by will.

(2) Except as provided in § 2-123 of the Real Property Article, after a court enters an order for adoption under this subtitle:

(i) the adoptee:

1. is the child of the adoptive parent for all intents and purposes; and

2. is entitled to all of the rights and privileges of and is subject to all of the obligations of offspring born to the adoptive parent;

(ii) each of the adoptee’s living parents is:

1. relieved of all parental duties and obligations to the adoptee; and

2. divested of all parental rights as to the adoptee; and

(iii) the Estates and Trusts Article shall govern all of the rights of inheritance between the adoptee and parental relatives.

(b) An order for adoption under this subtitle terminates all pending guardianship cases as to the adoptee.

(c) Adoption of an adult has the same legal effect as adoption of a minor.

(d) (1) When a court enters an order for a child’s adoption under this subtitle, the court shall send notice to:

(i) each court that has a pending guardianship case as to the adoptee;

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

(iii) the former guardian of the child.

(2) Service on a parent under this subsection shall be at the parent’s last address known to the court.
Md. Code, Criminal Procedure § 5-205 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) A District Court judge may:

(1) set bond or bail;

(2) release a defendant on personal recognizance or on a personal or other bail bond;

(3) commit a defendant to a correctional facility in default of a bail bond;

(4) order a bail bond forfeited if the defendant fails to meet the conditions of the bond; and

(5) exercise all of the powers of a justice of the peace under the Constitution of 1867.

(b) (1) Except as provided in paragraph (2) of this subsection, if an order setting “cash bail” or “cash bond” specifies that it may be posted by the defendant only, the “cash bail” or “cash bond” may be posted by the defendant, by an individual, or by a private surety, acting for the defendant, that holds a certificate of authority in the State.

(2) Unless otherwise expressly ordered by the court or District Court commissioner, an order setting “cash bail” or “cash bond” for a failure to pay support under Title 10, Title 11, Title 12, or Title 13 of the Family Law Article may be posted by the defendant only.

(c) (1) This subsection does not apply to a defendant who has been arrested for failure to appear in court or for contempt of court.

(2) (i) Notwithstanding any other law or rule to the contrary, in a criminal or traffic case in the District Court in which a bail bond has been set and if expressly authorized by the court or District Court commissioner, the defendant or a private surety acting for the defendant may post the bail bond by:

1. executing it in the full penalty amount; and

2. depositing with the clerk of the court or a commissioner the greater of 10% of the penalty amount or $25.

(ii) A judicial officer may increase the percentage of cash surety required in a particular case but may not authorize a cash deposit of less than $25.

(3) On depositing the amount required under paragraph (2) of this subsection and executing the recognizance, the defendant shall be released from custody subject to the conditions of the bail bond.

(d) (1) When all conditions of the bail bond have been performed without default and the defendant has been discharged from all obligations in the cause for which the recognizance was posted, the clerk of the court shall return the deposit to the person or private surety who deposited it.

(2) (i) If the defendant fails to perform any condition of the bail bond, the bail bond shall be forfeited.

(ii) If the bail bond is forfeited, the liability of the bail bond shall extend to the full amount of the bail bond set and the amount posted as a deposit shall be applied to reduce the liability incurred by the forfeiture.
Md. Code, Economic Development § 5-569 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-569
§5–569.
Status: in_force

(a) The Authority may execute and perform a bid bond, performance bond, and payment bond as a surety for the benefit of a principal in connection with a contract financed by the federal government or a state government, a local government, a private entity, or a utility regulated by the Public Service Commission.

(b) (1) This subsection does not apply if the sources of funding for the bonds are grants.

(2) The bonds may not exceed $2,500,000 each.

(c) Bonds are subject to the approval of the Authority based on the bond worthiness of the principal.
Md. Code, Financial Institutions § 5-309 — MD Code / Article gfi / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

(a) In this section, “payor institution” means a bank, credit union, or savings and loan association by which an item is payable as drawn or accepted.

(b) As to each account of each depositor in a banking institution, the banking institution shall give to the customer, on opening of the account and on any later demand of the customer, written notice of the time after which the funds represented by an item deposited to the account shall be available for withdrawal as of right, for each of the situations where the banking institution:

(1) Is also the payor institution;

(2) Is located in the same state as the payor institution; and

(3) Is located in a different state from that in which the payor institution is located.

(c) The notice shall also state the time after which the funds represented by an item become available for withdrawal as of right where the item is issued by:

(1) The Maryland State Government or any agency thereof;

(2) The United States Treasury; and

(3) Any agency of the federal government.

(d) The notice shall be printed in type no smaller than elite typewriter characters.
Md. Code, Labor and Employment § 5-323 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-323
§5–323.
Status: in_force

(a) To qualify for a temporary variance, an applicant shall establish that the applicant:

(1) is unable to comply with a regulation or part of a regulation, by its effective date, because:

(i) equipment, material, or professional or technical staff that is needed to comply is unavailable; or

(ii) alteration or construction of a facility that is needed to comply cannot be completed by the effective date;

(2) has an effective program to comply with the regulation or part as soon as practicable; and

(3) is taking each available step to protect employees against each hazard that the regulation or part covers.

(b) To qualify for a permanent variance, an applicant shall show, by a preponderance of the evidence, that the applicant will maintain conditions, means, methods, practices, procedures, or operations that make employment and places of employment at least as safe and healthful for employees as they would be if the applicant complied with the regulation from which the permanent variance is sought.

(c) In addition to the bases under subsections (a) and (b) of this section, the Commissioner may grant an employer a variance from a regulation or part of a regulation if the Commissioner:

(1) approves an experiment to show or validate a new and improved method to protect the health or safety of employees; and

(2) determines that the employer needs the variance to participate in the experiment.
Md. Code, Education § 5-239 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-239
§5–239.
Status: in_force

(a) (1) Under this section a county may be eligible for a reduction in the local share of major education aid required under § 5–235(a)(1) of this subtitle.

(2) A reduction in the local share of major education aid under this section may not reduce the local share below the per pupil appropriation required under § 5–235(a)(2) of this subtitle.

(3) If a reduction in the local share of major education aid under this section would result in a local share that is less than the requirement under § 5–235(a)(2) of this subtitle, the State distributions required under this section shall be reduced.

(4) For the purposes of § 5–205 of this subtitle, State distributions required under this section shall be included in the State share of major education aid.

(b) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Education effort adjustment” equals the local share of major education aid minus the maximum local share.

(iii) “Education effort index” means local education effort divided by the State average education effort.

(iv) “Local education effort” means, for each county, the county’s local share of major education aid divided by the county’s wealth and rounded to the nearest seven decimal places.

(v) “Major education aid” has the meaning stated in § 5–201(l) of this subtitle minus item (9) of § 5–201(l) of this subtitle.

(vi) “Maximum local share” equals the local wealth multiplied by the State average education effort.

(vii) “State average education effort” equals the local share of major education aid for all counties divided by the wealth of all counties and rounded to the nearest seven decimal places.

(2) (i) A county is eligible for the education effort adjustment if the education effort index is greater than 1 for 2 consecutive fiscal years.

(ii) Subject to subsection (a) of this section, the required local share of major education aid is reduced by the amount provided by the State under this subsection.

(3) For each county, if the education effort index is greater than 1 but less than 1.15, the State shall distribute to the county board the following proportion of the education effort adjustment and the county shall provide the remainder:

(i) For fiscal year 2022, 10%;

(ii) For fiscal year 2023, 15%;

(iii) For fiscal year 2024, 20%;

(iv) For fiscal year 2025, 25%;

(v) For fiscal year 2026, 30%;

(vi) For fiscal year 2027, 35%;

(vii) For fiscal year 2028, 40%;

(viii) For fiscal year 2029, 45%; and

(ix) For fiscal year 2030 and each fiscal year thereafter, 50%.

(4) For each county, if the education effort index is at least 1.15 but less than 1.27, the State shall distribute to the county board the following proportion of the education effort adjustment and the county shall provide the remainder:

(i) For fiscal year 2022, 20%;

(ii) For fiscal year 2023, 20%;

(iii) For fiscal year 2024, 35%;

(iv) For fiscal year 2025, 45%;

(v) For fiscal year 2026, 55%;

(vi) For fiscal year 2027, 65%;

(vii) For fiscal year 2028, 75%;

(viii) For fiscal year 2029, 85%; and

(ix) For fiscal year 2030 and each fiscal year thereafter, 100%.

(5) For each county, if the education effort index is at least 1.27, for fiscal year 2022 and each fiscal year thereafter, the State shall distribute to the county board 100% of the education effort adjustment.

(c) (1) Except as provided in paragraph (2) of this subsection and subject to the limitation in subsection (a) of this section, the local share of major education aid shall be reduced by the amount of State funds provided to a county board under § 5–214 of this subtitle.

(2) For Baltimore City, the local share of major education aid may be reduced only by the amount by which the State funds provided under § 5–214 of this subtitle exceeds $10,000,000.

(d) Subject to the limitation in subsection (a) of this section, the local share of major education aid shall be reduced by:

(1) The sum of the amount of State funds provided to a county board in a county that is eligible for the minimum State funding under the foundation program as defined in § 5–201(q)(2) of this subtitle and the difference between the local share of the foundation program and the foundation program; and

(2) The amount by which the sum of the State share and local share of the at–promise programs as defined in § 5–221 of this subtitle exceeds the total program amount as defined in § 5–221 of this subtitle for each program.

(e) Subject to the limitation in subsection (a) of this section, the local share of major education aid for counties with an index of at least 0.130 under § 5–216 of this subtitle shall be reduced by the amount equal to 50% of the local share calculated under § 5–216 of this subtitle.
Md. Code, Natural Resources § 5-714 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-714
§5–714.
Status: in_force

Any person who violates any provision of § 5-707, § 5-709, or § 5-710 of this subtitle upon conviction is subject to a fine at the rate of $100 per mile, or any fraction, measured along the tracks for each day the flammable material remains on the ground.
Md. Code, Public Safety § 5-135 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-135
§5–135.
Status: reserved

A regulated firearm that is sold, rented, transferred, possessed, received, or purchased in violation of this subtitle may be:

(1) seized by a law enforcement agency as contraband; and

(2) after a finding of guilt, disposed of in accordance with Title 13, Subtitle 2 of the Criminal Procedure Article.
Md. Code, Labor and Employment § 5-302 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

There is an Occupational Safety and Health Advisory Board in the Maryland Department of Labor.
Md. Code, Natural Resources § 5-1209 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1209
§5–1209.
Status: in_force

Any modification or adjustment of the boundaries of any State wildlands area shall be recommended by the Secretary after public notice of the proposal and public hearing as provided in § 5–1208 of this subtitle. The proposed modification or adjustment shall then be recommended with map and any description to the Governor. The Governor shall advise the General Assembly of his recommendations with respect to any modification or adjustment. Any recommendation shall become effective only by act of the General Assembly.
Md. Code, Family Law § 5-713 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-713
§5–713.
Status: in_force

(a) If a child is removed from a household under this subtitle or by a juvenile court order, on return of the child to the household by the local department or by the action or order of any court, State’s Attorney’s office, or other law enforcement agency, the local department shall establish proper supervision and monitoring of the household on a regularly scheduled basis of at least once a month for at least 3 months.

(b) The local department may extend the monitoring period.
Md. Code, Natural Resources § 5-1006 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1006
§5–1006.
Status: in_force

The tract of land in Washington County on which is situated Old Fort Frederick, together with other additional land adjacent thereto which has been acquired by the State is under the control of the Department, and shall be used in the execution of those plans adopted by it for reforestation of the State.
Md. Code, Courts and Judicial Proceedings § 5-512 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-512
§5–512.
Status: in_force

(a) The Maryland-National Capital Park and Planning Commission may raise the defense of partial governmental immunity for any liability exposure:

(1) In excess of insurance limits;

(2) If punitive damages are sought; or

(3) For any other liability exposure not covered by insurance.

(b) Nothing in this section may be construed to be a waiver of the Maryland-National Capital Park and Planning Commission’s total governmental immunity.

(c) This section is intended to include all claims pending on June 1, 1978, provided that an insurance policy to cover such liability was in effect at the time the claim accrued.
Md. Code, Natural Resources § 5-9A-06 — MD Code / Article gnr / Title 5 / Subtitle 9A / Section 5-9A-06
§5–9A–06.
Status: in_force

(a) The Board may designate a Rural Legacy Area and accept a Rural Legacy Plan in accordance with the criteria set forth in this subtitle and the overall goals and objectives of the Program.

(b) (1) The Board may award a grant to a sponsor of a designated Rural Legacy Area in an amount determined by the Board and pursuant to the terms of a grant agreement.

(2) A portion of the grant may be used to pay for:

(i) Administrative costs, not to exceed 3% of the grant amount; and

(ii) Program compliance costs for monitoring easements, as stated in the grant agreement.

(3) The Board may establish time limitations on the use of grant funds.

(c) (1) The Board’s actions in subsections (a) and (b) of this section are subject to approval by the Board of Public Works.

(2) BPW approval encumbers the grant funds.

(d) The Board shall encourage local governments to reflect rural legacy plans in their comprehensive land use plans as updated and revised.
Md. Code, Business Regulation § 5-301 — MD Code / Article gbr / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

An individual shall register with the Office before:

(1) engaging in the operation of a cemetery, crematory, or reduction facility in this State; or

(2) providing burial goods in this State.
Md. Code, Corporations and Associations § 5-6B-31 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-31
§5–6B–31.
Status: in_force

(a) This section applies only to a cooperative project that is no longer subject to a mortgage or deed of trust.

(b) Notwithstanding the articles of incorporation, bylaws, or regulations of a cooperative housing corporation or the proprietary lease of any member, a governing body may not bring an action in court to evict a member based solely on the failure of the member to pay assessments owed to the cooperative housing corporation unless:

(1) The member has been delinquent in paying assessments for a period of 3 months or more;

(2) The governing body has given the member notice and an opportunity to be heard regarding the delinquency, consistent with § 5–6B–30 of this subtitle;

(3) The governing body has given the member an opportunity to cure the delinquency; and

(4) The member has failed to cure the delinquency.
Md. Code, Environment § 5-701 — MD Code / Article gen / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

(a) The Department is responsible for developing and carrying out a long range program for controlling flood waters in the State. In addition, the Department shall cooperate with the federal and local governments to control State flood waters and serve in a liaison capacity to these governments in any flood control matter.

(b) The Department shall provide technical assistance to local governments and other State units to interpret flood information and draft local land use and other regulations pertaining to areas subject to flooding. It shall review plans for local public works and exercise regulatory control over them in or on waters of the State as provided in Subtitle 5 of this title. The Department shall administer financial assistance for flood control as funds for this purpose are made available.
Md. Code, Transportation § 5-202 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

There is a Maryland Aviation Administration in the Department.
Md. Code, Economic Development § 5-502 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

(a) The General Assembly finds that:

(1) the inability of socially or economically disadvantaged individuals to obtain working capital is a major limitation on their opportunity to win and perform government and other contracts;

(2) because socially or economically disadvantaged individuals frequently have been awarded government or other contracts but have lacked the working capital to post a bond, buy supplies needed to begin the work, or pay employees, these individuals have been unable to accept the contracts;

(3) some individuals are unable to obtain government and other contracts for reasons other than the cost to the owner or the ability to perform the contract work competently;

(4) socially or economically disadvantaged individuals frequently lack adequate capital to sustain and expand their businesses and to hire and train employees;

(5) because high risk, problem, or uncollectible loans are not in the interest of financial institutions, financial institutions generally are reluctant to lend money to socially or economically disadvantaged individuals with insufficient records of performance;

(6) the inability of businesses owned by socially or economically disadvantaged individuals to obtain long-term financing is a major limitation on their opportunity to survive and expand; and

(7) the public welfare is served by promoting the viability and expansion of businesses owned by economically or socially disadvantaged individuals, retaining or increasing the employment of these individuals, and expanding the taxable base of the economy of the State.

(b) The purposes of the Authority are:

(1) to assist socially or economically disadvantaged individuals to obtain adequate working capital to begin, continue, and complete projects, the majority of funding for which is provided by government entities or utilities;

(2) to encourage socially or economically disadvantaged individuals to seek government and other contracts;

(3) to encourage financial institutions to make loans to these individuals; and

(4) to assist small businesses that are unable to obtain adequate business financing on reasonable terms through normal financing channels because the businesses do not meet the established credit criteria of financial institutions.
Md. Code, Courts and Judicial Proceedings § 5-1104 — MD Code / Article gcj / Title 5 / Subtitle 11 / Section 5-1104
§5–1104.
Status: in_force

(a) If, in any proposed transfer of structured settlement payment rights, the structured settlement was established in resolution of a tort claim seeking compensation for cognitive injuries, including any claim arising from childhood exposure to lead paint, the transferee shall:

(1) Notify the court, in the petition filed under this subtitle, that the payee may be cognitively impaired;

(2) Attach to the petition a copy of any complaint that was pending when the structured settlement was established; and

(3) Identify any allegations or statements in the complaint that describe the nature, extent, or consequences of the payee’s cognitive injuries.

(b) (1) In determining whether to authorize a transfer of structured settlement payment rights involving a structured settlement established in resolution of a tort claim seeking compensation for cognitive injuries, including any claim arising from childhood exposure to lead paint, the court shall consider whether to appoint a guardian ad litem for the payee or to require the payee to be examined by an independent mental health specialist designated by the court.

(2) The transferee shall be responsible for the payment of any fees of a guardian ad litem or an independent mental health specialist appointed or designated by the court under this subsection, as set forth in a billing statement specifying to the tenth of an hour the amount of work performed and a reasonable hourly fee for the work.
Md. Code, Corporations and Associations § 5-341 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-341
§5–341.
Status: in_force

(a) This part applies to every religious corporation formed in this State by a parish or separate congregation that is in union with or intending to apply for union with the convention of the Protestant Episcopal Church in the Diocese of Washington, as created by the Act of Congress approved March 16, 1896 (29 Stat. 58).

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

(i) Part I of this subtitle applies to and regulates the corporate and temporal affairs of every religious corporation described in subsection (a) of this section, including those incorporated under Chapter 24 of the Acts of the General Assembly of 1798, under Chapter 96 of the Acts of the General Assembly of 1976, or by special Act of the General Assembly; and

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

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

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

(ii) The parish or separate congregation continues to be governed by the statute under which it was incorporated.
Md. Code, Agriculture § 5-112 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-112
§5–112.
Status: in_force

(a) The Secretary shall examine pesticides to determine whether they comply with the requirements of this subtitle. If it appears from the examination that a pesticide fails to comply with the provisions of this subtitle, and the Secretary contemplates instituting criminal proceedings against any person, he shall give appropriate notice to the person. Any person receiving notice shall be given an opportunity to present his views, orally or in writing, with regard to the contemplated proceedings.

(b) If the Secretary determines that the provisions of the subtitle have been violated by the person, he shall refer the facts to the State’s Attorney for the county in which the violation has occurred with a copy of the results of the analysis or the examination of the pesticide. This subtitle does not require the Secretary to report for prosecution, or for the institution of libel proceedings, any minor violation of the subtitle whenever he believes that the public interest is best served by a suitable written warning notice.

(c) The prosecuting attorney to whom any violation is reported shall institute appropriate proceedings in the proper court without delay.

(d) The Secretary shall give notice by publication of any judgment entered in any action instituted under the authority of this subtitle.

(e) The Secretary may enter, during regular business hours, any commercial premises, including any commercial transportation vehicle, where any pesticide is sold, offered for sale, stored or is being transported, to enforce the provisions of this subtitle.
Md. Code, State Finance and Procurement § 5-816 — MD Code / Article gsf / Title 5 / Subtitle 8 / Section 5-816
§5–816.
Status: in_force

In addition to its other powers and duties, the Commission shall:

(1) review the operation of units of State and local government that have responsibility for implementation of the Plan;

(2) provide a clearinghouse for information on the Patuxent River and its watershed;

(3) review and comment on plans and reports related to the Patuxent River and its watershed; and

(4) serve as the tributary strategy team for the Patuxent Watershed, coordinating the Patuxent tributary strategy with the Plan.
Md. Code, General Provisions § 5-714 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-714
§5–714.
Status: in_force

A regulated lobbyist may not:

(1) be engaged for lobbying purposes for compensation that is dependent in any manner on:

(i) the enactment or defeat of legislation;

(ii) the outcome of any executive action relating to the solicitation or securing of a procurement contract; or

(iii) any other contingency related to executive action or legislative action;

(2) initiate or encourage the introduction of legislation for the purpose of opposing the legislation;

(3) knowingly counsel any person to violate any provision of this title or any other State or federal law;

(4) engage in or counsel any person to engage in fraudulent conduct;

(5) while engaging in lobbying activities, knowingly make to an official or employee a statement of material fact relating to lobbying activity that the regulated lobbyist knows to be false;

(6) engage in lobbying without being registered as a regulated lobbyist in accordance with § 5–702 of this subtitle;

(7) request an official or employee to recommend to a potential client the lobbying services of the regulated lobbyist or any other regulated lobbyist;

(8) make a gift, directly or indirectly, to an official or employee if the regulated lobbyist knows or has reason to know the gift is in violation of § 5–505 of this title;

(9) make a gift, directly or indirectly, as a result of a solicitation or facilitation that the regulated lobbyist knows or has reason to know is prohibited under § 5–505(a)(2) of this title;

(10) if the regulated lobbyist is an individual, engage in any charitable fund–raising activity at the request of an official or employee, including soliciting, transmitting the solicitation of, or transmitting a charitable contribution;

(11) make or facilitate the making of any loan of money, goods, or services to an official or employee unless in the ordinary course of business of the regulated lobbyist;

(12) while engaging in lobbying activities on behalf of an entity, knowingly conceal from an official or employee the identity of the entity;

(13) commit a criminal offense arising from lobbying activity;

(14) if serving on the State or a local central committee of a political party, participate:

(i) as an officer of the central committee;

(ii) in fund–raising activity on behalf of the political party; or

(iii) in actions relating to filling a vacancy in a public office; or

(15) while engaging in lobbying, unlawfully harass or discriminate, based on any characteristic protected by law:

(i) an official or employee;

(ii) an intern, a page, or a fellow in any branch of State government;

(iii) an individual regulated lobbyist; or

(iv) a credentialed member of the press.
Md. Code, Public Safety § 5-140 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-140
§5–140.
Status: in_force

(a) A dealer or other person may not transport a regulated firearm into the State for the purpose of unlawfully selling or trafficking of the regulated firearm.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

(c) Each violation of this section is a separate crime.
Md. Code, Environment § 5-513 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-513
§5–513.
Status: in_force

On application of the Department, verified by oath or affirmation, the circuit court for any county, sitting in equity, may enforce by injunction, compliance with, or restraint from violating or attempting to violate any provisions of this subtitle or any Department order, notice, or regulation made under this subtitle.
Md. Code, Natural Resources § 5-9A-03 — MD Code / Article gnr / Title 5 / Subtitle 9A / Section 5-9A-03
§5–9A–03.
Status: in_force

(a) There is a Rural Legacy Board established in the Department of Natural Resources to administer the Rural Legacy Program.

(b) The Board consists of the following members:

(1) The Secretary of Agriculture;

(2) The Secretary of Natural Resources; and

(3) The Secretary of the Department of Planning.

(c) The Secretary of Natural Resources shall serve as Chairman of the Board.

(d) (1) The Department of Natural Resources shall provide staff to the Board.

(2) The Department of Agriculture and the Department of Planning may provide additional staff.
Md. Code, Health - General § 5-402 — MD Code / Article ghg / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

There is a State Anatomy Board in the Department.
Md. Code, Public Safety § 5-403 — MD Code / Article gps / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

The Secretary shall adopt regulations necessary to carry out this subtitle.