Md. Code, Corporations and Associations § 5-101 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Disqualified person” means an individual or entity that for any reason is or becomes ineligible under this subtitle to be issued stock by a professional corporation.

(c) “Foreign professional corporation” means a professional corporation organized under the laws of another state or a territory, possession, or district of the United States.

(d) “License” means any license, certification, certificate, registration, or other legal authorization required by statute as a condition precedent to the performance of a professional service in the State.

(e) “Licensing unit” means the board, agency, court, or other entity that licenses or otherwise legally authorizes the rendition of a professional service.

(f) “Professional corporation” means a corporation organized under this subtitle for the purpose of rendering professional services.

(g) (1) “Professional service” means a service that may lawfully be rendered only by a person licensed or otherwise authorized by a licensing unit in the State to render the service and that may not lawfully be rendered by a corporation under the Maryland General Corporation Law.

(2) “Professional service” includes, but is not limited to, a service provided by:

(i) An architect;

(ii) An attorney;

(iii) A certified public accountant;

(iv) A chiropractor;

(v) A dentist;

(vi) An osteopath;

(vii) A podiatrist;

(viii) A physician;

(ix) A professional engineer;

(x) A licensed real estate broker, licensed real estate salesperson, and licensed associate real estate broker;

(xi) A veterinarian;

(xii) A psychologist; and

(xiii) A physical therapist.

(h) “Qualified person” means an individual, professional corporation, or general partnership that is eligible under this Act to be issued stock by a professional corporation.
Md. Code, Transportation § 5-216 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-216
§5–216.
Status: in_force

Every rule, regulation, form, order, and directive adopted by or relating to the former State Aviation Commission of Maryland or the Director of Aeronautics remains in effect until changed by the Executive Director or the Secretary. Every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document to the State Aviation Commission of Maryland or the Director of Aeronautics means the Administration or the Executive Director, respectively.
Md. Code, Election Law § 5-202 — MD Code / Article gel / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

A candidate for public or party office must be a registered voter at an address that satisfies any residence requirement for the office that is imposed by law and, in the case of a party office, by party rules.
Md. Code, Transportation § 5-305 — MD Code / Article gtr / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

(a) In connection with an application for approval of a proposed airport site or for an airport license, the Administration on its own motion may, and on request shall, hold a public hearing as provided in § 5-210 of this title.

(b) If the Administration holds a hearing before issuance or renewal of a commercial use airport license, the license applicant shall pay all of the reasonable costs of the hearing up to $100.
Md. Code, Health Occupations § 5-314 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-314
§5–314.
Status: in_force

(a) In this section, “dietetic rehabilitation committee” means a committee that:

(1) Is defined in subsection (b) of this section; and

(2) Performs any of the functions listed in subsection (d) of this section.

(b) For purposes of this section, a dietetic rehabilitation committee is a committee of the Board or a committee of an association representing licensed dietitian-nutritionists that:

(1) Is recognized by the Board; and

(2) Includes but is not limited to dietitian-nutritionists.

(c) A rehabilitation committee of the Board or recognized by the Board may function:

(1) Solely for the Board; or

(2) Jointly with a rehabilitation committee representing another board or boards.

(d) For purposes of this section, a dietetic rehabilitation committee evaluates and provides assistance to any dietitian-nutritionist and any other individual regulated by the Board in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

(e) (1) Except as otherwise provided in this subsection, the proceedings, records, and files of the dietetic rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the dietetic rehabilitation committee.

(2) Paragraph (1) of this subsection does not apply to any record or document that is considered by the dietetic rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.

(3) For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.

(f) A person who acts in good faith and within the scope of jurisdiction of a dietetic rehabilitation committee is not civilly liable for any action as a member of the dietetic rehabilitation committee or for giving information to, participating in, or contributing to the function of the dietetic rehabilitation committee.
Md. Code, Family Law § 5-4C-07 — MD Code / Article gfl / Title 5 / Subtitle 4C / Section 5-4C-07
§5–4C–07.
Status: in_force

(a) On receipt of an affidavit, the Administration shall:

(1) attempt to match registrants or to provide matching information; and

(2) if a match is made, direct the child placement agency, if known, or the local department, if there is no known child placement agency, to notify the registrants through a confidential contact.

(b) (1) Except as otherwise provided in this subsection, a match is made when:

(i) an adoptee and the adoptee’s natural mother and natural father register; or

(ii) 2 or more natural siblings register.

(2) A match is made when an adoptee and only 1 natural parent of the adoptee register if:

(i) notice of the filing of the petition for adoption or guardianship was given to the nonregistering parent and the parent did not participate in the judicial proceedings that terminated the parent-child relationship or declared the parent-child relationship was nonexistent;

(ii) an adoptee and the natural mother of the adoptee register and there is no known natural father;

(iii) the natural mother of the adoptee, or in the case of an agency adoption, the agency submits, or the Administration obtains from a court of competent jurisdiction in the state of the adoptee’s birth or adoption, a copy of a judgment that declares that the identity of the natural father is unknown;

(iv) the Administration has information that indicates that the other natural parent is dead;

(v) notice of the filing of the petition for adoption or guardianship was not given to the nonregistering natural parent of the adoptee; or

(vi) 1 year has elapsed since the registering natural parent filed the affidavit and the nonregistering natural parent has not filed a notarized affidavit stating the nonregistering parent’s refusal to permit the match.

(3) Matching information is provided:

(i) if both natural parents are deceased; and

(ii) if only an adoptee has registered.

(c) (1) In order to make a match or provide matching information, the Administration may inquire into the records of a child placement agency or court that issued an adoption or guardianship order.

(2) The court that issued the adoption order shall order that the Administration have access to court records on receipt of a petition from the Administration that states that review of the records is needed in order to make a match or to provide matching information under this section.
Md. Code, Criminal Law § 5-610 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

(a) In addition to any other penalty provided by law, a person who is convicted or found to have committed a delinquent act under § 5-602, § 5-603, § 5-604, § 5-605, or § 5-606 of this subtitle may be ordered by the court to pay restitution for actual costs reasonably incurred in cleaning up or remediating laboratories or other facilities operated for the illegal manufacture of a controlled dangerous substance.

(b) If the person convicted or found to have committed a delinquent act is a minor, the court may order the minor, the minor’s parent, or both to pay the restitution described in subsection (a) of this section.
Md. Code, Economic Development § 5-103 — MD Code / Article gec / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) This section applies notwithstanding any other law.

(b) Subject to subsections (d) and (e) of this section, the Secretary may transfer money among any of the accounts that are:

(1) in the Department or subject to its control; and

(2) used to provide financial support of any kind.

(c) Subject to subsections (d) and (e) of this section, the Secretary may transfer money to the Economic Development Opportunities Program Account established under § 7–314 of the State Finance and Procurement Article from any of the accounts that are:

(1) in the Department or subject to its control; and

(2) used to provide financial support of any kind.

(d) A transfer under this section from the Industrial Development Fund shall comply with § 5-432 of this title.

(e) A transfer under this section shall comply with the amendment process for appropriations established by § 7-209 of the State Finance and Procurement Article.
Md. Code, Criminal Law § 5-607 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection and §§ 5–608 and 5–609 of this subtitle, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both.

(2) A person who violates § 5–602(b)(1) or § 5–603(b) of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

(b) A person convicted under this section is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence.
Md. Code, Health - General § 5-615.2 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-615.2
§5–615.
Status: in_force

§5–615.2.

(a) The Department shall develop and implement a public awareness campaign to encourage the use of mental health advance directives in the State.

(b) The public awareness campaign shall include awareness initiatives to encourage and support outreach efforts by the following persons and government agencies to inform present or future recipients of mental health services and members of their families, health care providers, and other behavioral health care partners about mental health advance directives:

(1) The Department of Public Safety and Correctional Services;

(2) The Department of State Police;

(3) The Department of Veterans and Military Families;

(4) Local health departments;

(5) Local behavioral health authorities;

(6) Behavioral health programs;

(7) Practicing psychiatrists, psychologists, professional counselors and therapists, and social workers;

(8) Health care facilities;

(9) Academic institutions;

(10) Religious organizations; and

(11) Other persons who encounter present or future recipients of mental health services.
Md. Code, Family Law § 5-4B-09 — MD Code / Article gfl / Title 5 / Subtitle 4B / Section 5-4B-09
§5–4B–09.
Status: in_force

If an individual contacted by a confidential intermediary does not consent to the disclosure of any information, the confidential intermediary:

(1) may not disclose any information concerning the individual contacted;

(2) shall refrain from further and subsequent inquiry with the individual contacted; and

(3) shall report the refusal to the individual who applied for search, contact, and reunion services.
Md. Code, Human Services § 5-316 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-316
§5–316.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the Governor shall provide sufficient funds in the budget to:

(i) ensure that the value of temporary cash assistance, combined with federal food stamps, is equal to at least:

1. for fiscal year 2021, 61% of the State minimum living level; and

2. for fiscal year 2022 and each fiscal year thereafter, 61.25% of the State minimum living level; and

(ii) maintain the FIP at the level of the fiscal year 1997 appropriation.

(2) The funds provided under this subsection may be less than the amount required under paragraph (1) of this subsection if the Governor reports to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the reasons for the reduced funding for temporary cash assistance and food stamps.

(3) This subsection does not limit the flexibility of local departments regarding the provision of services.

(b) If the Secretary determines during the fiscal year that the funds available for the FIP are insufficient to make payments in accordance with the amount of assistance otherwise established by law, the Secretary shall:

(1) provide for a uniform method of adjusting individual payments; and

(2) submit emergency regulations, in accordance with Title 10, Subtitle 1 of the State Government Article, to implement the adjustment.

(c) Effective July 1 of each year, the Department shall make available for reallocation within its budget any savings the Department anticipates from funds appropriated for the FIP during the current fiscal year as a result of:

(1) caseload reductions; or

(2) other reductions in the total amount of temporary cash assistance paid to recipients compared to the total amount of temporary cash assistance appropriated.

(d) Except as provided in subsection (e)(1) of this section, savings made available for reallocation may be used for:

(1) child care;

(2) work activities;

(3) welfare avoidance grants;

(4) drug treatment for targeted recipients;

(5) transportation;

(6) emergency funds for applicants and recipients;

(7) administration to the extent that additional administrative costs are required to effectively implement the FIP; or

(8) any other direct service to applicants or recipients that the Secretary and the local department consider appropriate to further the purposes of this subtitle.

(e) (1) Savings shall be made available for reallocation as follows:

(i) 10% of the savings to the operating costs for one or more of the following:

1. demonstration projects established under § 5-317 of this subtitle;

2. second chance homes not subject to the restrictions of § 12 of Chapter 351 of the Acts of the General Assembly of 1996; or

3. demonstration projects to empirically evaluate strategies to reduce the incidence of nonmarital births in the State;

(ii) 45% of the savings to local departments, in accordance with the savings achieved by each local department, for the purposes authorized under subsection (d) of this section; and

(iii) 45% of the savings for the purposes authorized under subsection (d) of this section.

(2) Notwithstanding § 7-302 of the State Finance and Procurement Article, any savings allocated under this subsection that remain unexpended at the end of a fiscal year may be carried over into the next fiscal year.
Md. Code, Health Occupations § 5-310 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

(a) Each licensee shall produce a valid license when requested to do so by an existing or potential employer or client.

(b) Each licensee shall give the Board written notice of any change of address within 30 days of any change of address.
Md. Code, Natural Resources § 5-706 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-706
§5–706.
Status: in_force

The State’s Attorneys of the several counties shall prosecute any violator of Part I of this subtitle.
Md. Code, Economic Development § 5-546 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-546
§5–546.
Status: in_force

If an applicant or financial institution violates any provision of the loan documents or ceases to meet the requirements of this part, on reasonable notice to the applicant or financial institution, the Authority may:

(1) withhold from the applicant further loan payments until the applicant complies with the documents or requirements;

(2) withhold from the financial institution further interest subsidy payments until the financial institution complies with the loan documents or requirements; and

(3) exercise any other remedy for which the loan documents provide.
Md. Code, General Provisions § 5-605 — MD Code / Article ggp / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

(a) Except as provided in subsection (b) of this section, a candidate who is required by § 5–601(a) of this subtitle to file a statement shall file the statement each year beginning with the year in which the candidate files a certificate of candidacy through the year of the election.

(b) This section does not require the filing of a statement for any full year covered by a statement filed by the individual under § 5–602 of this subtitle.

(c) A statement under this section shall be filed with the election board with which the certificate of candidacy is required to be filed.

(d) (1) The first statement required under this section shall be filed no later than the filing of the certificate of candidacy.

(2) In the year of the election the statement shall be filed on or before the earlier of:

(i) April 30; or

(ii) the last day for the withdrawal of a candidacy under § 5–502 of the Election Law Article.

(e) If a statement required by this section is overdue and is not filed within 8 days after the candidate receives from the election board written notice of the failure to file, the candidate is deemed to have withdrawn the candidacy.

(f) (1) An election board may not accept a certificate of candidacy or certificate of nomination of a candidate covered by this section unless the candidate has filed a statement required by this section or § 5–602 of this subtitle.

(2) An election board, within 30 days after receiving a statement, shall forward the statement to the Ethics Commission.
Md. Code, General Provisions § 5-821 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-821
§5–821.
Status: in_force

(a) If the Ethics Commission determines that a school board, as required under § 5–816(a)(2) of this subtitle, has not complied with and has not made good–faith efforts toward compliance with the requirements of this Part III, the Ethics Commission:

(1) may issue a public notice concerning the failure of compliance with this part, including a listing of specific areas of noncompliance;

(2) may issue an order providing that officials and employees of the school board are subject to the local ethics laws in the county in which the school board is located; and

(3) may petition a circuit court with venue over the proceeding for appropriate relief to compel compliance.

(b) The circuit court may grant any available equitable relief.
Md. Code, Family Law § 5-408 — MD Code / Article gfl / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

(a) A subsidy may not be denied to an eligible child on the ground that the eligible child had a condition that was not known or discovered at the time of the adoption.

(b) An individual who has been approved by a child placement agency as an appropriate adoptive parent and who seeks to adopt an eligible child is eligible to receive a subsidy on behalf of the eligible child regardless of the individual’s income or other eligibility factors.

(c) A subsidy may not be denied to a child whose adoption has been dissolved or whose adoptive parents have died if the child received an adoption subsidy during the child’s prior adoption and the child continues to meet the criteria set forth in § 5-403 of this subtitle.

(d) The subsidy may not be discontinued solely because the adoptive parent moves from this State with the eligible child.

(e) A subsidy may continue to be provided for an eligible child to an adult who is qualified to assume responsibility and who assumes responsibility for the care and welfare of the child upon the death or incapacitation of the child’s adoptive parent.
Md. Code, Courts and Judicial Proceedings § 5-714 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-714
§5–714.
Status: in_force

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

(b) A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
Md. Code, State Finance and Procurement § 5-809 — MD Code / Article gsf / Title 5 / Subtitle 8 / Section 5-809
§5–809.
Status: in_force

(a) The Department shall review, evaluate, and report biennially to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly on the implementation of the Plan and the status of the Patuxent River and its watershed.

(b) The report shall include specific recommendations of the Department concerning implementation of the Plan and the bases for these recommendations.

(c) Before presenting its report to the General Assembly, the Department shall present the report to the Commission for its comments. The Department shall include any comments of the Commission when it presents the report to the General Assembly.
Md. Code, Economic Development § 5-555 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-555
§5–555.
Status: in_force

(a) The Authority shall administer the Fund.

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

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

(c) The Fund consists of:

(1) money drawn from the Small Business Development Guaranty Fund established under Part IV of this subtitle;

(2) money the State appropriates to the Fund;

(3) money made available to the Fund through federal programs or private contributions;

(4) proceeds from the sale, disposition, lease, or rental by the Authority of collateral related to equity participation financing;

(5) premiums, fees, royalties, and repayments of principal, interest, and investments paid by and on behalf of enterprises to the Authority under the terms of equity participation financing; and

(6) any other money made available under the Program.

(d) The Authority shall use the Fund to:

(1) purchase qualified securities that an enterprise issues to provide equity participation financing as the Program allows;

(2) provide guaranties of investments to expand the capital resources of enterprises;

(3) purchase advisory services and technical assistance consistent with the Program;

(4) purchase securities in which a fiduciary of the State may lawfully invest;

(5) provide equity participation financing as the Program allows; and

(6) pay for administrative, legal, and actuarial services that relate to the Program.

(e) The Fund shall be self–sustaining and shall achieve investment returns on its portfolio in the form of:

(1) royalties from enterprises in amounts to be determined by the Authority; and

(2) interest payments from any debt securities.

(f) As needed for the Program, the Authority may withdraw from time to time up to a total of $2,000,000 from the Small Business Development Guaranty Fund and deposit the withdrawal into the Fund.

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

(2) Any investment earnings of the Fund shall be paid into the Fund.

(h) In accordance with § 2.5–109 of this article, the Authority shall submit a report on the Program.
Md. Code, Public Safety § 5-303 — MD Code / Article gps / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

A person shall have a permit issued under this subtitle before the person carries, wears, or transports a handgun.
Md. Code, Agriculture § 5-210.2 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-210.2
§5–210.
Status: in_force

§5–210.2.

(a) (1) A person who violates any provision of this subtitle is subject to a civil penalty of not more than $2,500 for a first violation of this subtitle.

(2) A person who violates any provision of this subtitle is subject to a civil penalty of not more than $5,000 for each subsequent violation of this subtitle.

(3) Each day a violation under this subsection occurs is a separate violation.

(4) In addition to the denial, suspension, or revocation of the license, permit or certificate, the Secretary may impose a civil penalty on the holder of a license, permit, or certificate under paragraph (1) or (2) of this subsection for each violation of this subtitle.

(5) The total penalties imposed on a person for violations under this subtitle that result from the same set of facts and circumstances may not exceed $25,000.

(b) The penalty imposed on a person under this section shall be assessed with consideration given to:

(1) The willfulness of the violation, the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

(2) Any actual harm to human health or to the environment including injury to or impairment of the use of the waters of this State or the natural resources of this State;

(3) The cost of control;

(4) The nature and degree of injury to or interference with general welfare, health, and property;

(5) The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health or safety; and

(6) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

(c) Penalties collected by the Secretary under this section shall be paid into the General Fund of the State.

(d) The Secretary shall establish such rules and regulations as are necessary to carry out the provisions of this section.
Md. Code, Financial Institutions § 5-601 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

(a) The board of directors of any banking institution may place the banking institution, including its property, records, and business, in the hands of the Commissioner by posting on the front door of each banking office of the institution a notice that states: “This institution is in the hands of the Maryland Commissioner of Financial Regulation”.

(b) The banking institution immediately shall notify the Commissioner of its action, and the Commissioner immediately shall take possession of the institution.
Md. Code, Natural Resources § 5-2B-02 — MD Code / Article gnr / Title 5 / Subtitle 2B / Section 5-2B-02
§5–2B–02.
Status: in_force

§5–2B–02. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 568 OF 2024 //

(a) This section applies only to play areas located within a public park or recreation area under the jurisdiction of the Department or a local governing body.

(b) (1) Subject to the availability of funding under the pilot program, the Department shall construct a communication board in each newly constructed play area under its jurisdiction.

(2) Each local governing body responsible for the construction of play areas that receives a grant from the pilot program shall construct at least one communication board in each newly constructed play area under its jurisdiction.

(c) The Department and each local governing body responsible for the construction of play areas may construct a communication board in an existing play area under its jurisdiction when making alterations to that play area.
Md. Code, Environment § 5-1107 — MD Code / Article gen / Title 5 / Subtitle 11 / Section 5-1107
§5–1107.
Status: in_force

Any person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, or imprisonment not exceeding 1 year, or both, for each violation.
Md. Code, Corporations and Associations § 5-6B-25.1 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-25.1
§5–6B–25.
Status: in_force

§5–6B–25.1.

(a) (1) Notwithstanding language contained in the governing documents of the cooperative housing corporation, the board of directors may authorize any meetings of the cooperative housing corporation, the board of directors, or a committee of the cooperative housing corporation to be conducted or attended by telephone conference, video conference, or similar electronic means.

(2) If a meeting is conducted by telephone conference, video conference, or similar electronic means, the equipment or system used must permit any member, board member, or committee member in attendance to hear and be heard by all other members participating in the meeting.

(3) A link or instructions on how to access the meeting by telephone conference, video conference, or similar electronic means shall be included in the notice of the meeting.

(4) No specific authorization from members shall be required to hold a meeting electronically.

(b) Any member, board member, or committee member attending a meeting by telephone conference, video conference, or similar electronic means shall be deemed present for quorum and voting purposes.

(c) (1) (i) Any matter requiring a vote of the cooperative housing corporation may be set by the board of directors for a vote at the meeting, and a ballot may be delivered to members with notice of the meeting.

(ii) Only those members present during the telephone conference, video conference, or similar electronic meeting shall be authorized to vote a ballot in accordance with this subsection.

(iii) Members who are not present at the meeting may:

1. Vote by proxy in accordance with the requirements of the governing documents and this title; and

2. Be considered present for quorum purposes through their proxy.

(2) (i) The board of directors may set a reasonable deadline for return of a ballot to the cooperative housing corporation, including return by electronic transmission.

(ii) The deadline for return of the ballot shall be not later than 24 hours after the conclusion of the meeting.

(d) Notwithstanding language contained in the governing documents of the cooperative housing corporation, nominations from the floor at the meeting are not required if at least one candidate has been nominated to fill each open board position.

(e) The inability of a member to join a meeting due to technical difficulties with the member’s telephone, computer, or other electronic device does not invalidate the meeting or any action taken at the meeting.
Md. Code, Transportation § 5-611 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-611
§5–611.
Status: in_force

(a) To facilitate the enforcement of airport zoning regulations adopted under this subtitle, a political subdivision may establish a system and adopt rules and regulations for the granting of permits to:

(1) Establish or construct any new structure;

(2) Make any new use of any existing structure or land;

(3) Substantially alter any existing structure or use of land; or

(4) As to any tree or other vegetation:

(i) Plant or replant any of such a height as to be an airport hazard;

(ii) Allow any to grow to such a height as to be an airport hazard; or

(iii) Even if it is nonconforming, allow any that is an existing airport hazard to grow any higher.

(b) (1) Whether or not a permit system is established under subsection (a) of this section, before any work is started to substantially alter any nonconforming structure and before any growth described in subsection (a) of this section is allowed of a tree or other vegetation, a permit shall be obtained from the administrative agency authorized to administer and enforce the zoning regulations.

(2) The administrative agency shall issue a permit as a matter of right for the replacement or alteration of a nonconforming use or structure, except that the agency may not issue any permit that will allow a structure or tree or other vegetation to be higher than or to be a greater hazard to air navigation than it was when the applicable airport zoning regulation was adopted.

(c) If the administrative agency grants a permit under this section that does not have to be issued as a matter of right, it may condition the permit so as to require the owner of the land or structure to which the permit applies to install, operate, and maintain at his expense the markers and lights necessary to indicate to aircraft the presence of an airport hazard.
Md. Code, Criminal Law § 5-903 — MD Code / Article gcr / Title 5 / Subtitle 9 / Section 5-903
§5–903.
Status: in_force

(a) In manufacturing or distributing a controlled dangerous substance, a person may not willfully use a registration number that is fictitious, revoked, suspended, or issued to another.

(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 $100,000 or both.
Md. Code, Health - General § 5-706 — MD Code / Article ghg / Title 5 / Subtitle 7 / Section 5-706
§5–706.
Status: in_force

(a) The purpose of the local team is to prevent child deaths by:

(1) Promoting cooperation and coordination among agencies involved in investigations of child deaths or in providing services to surviving family members;

(2) Developing an understanding of the causes and incidence of child deaths in the county;

(3) Developing plans for and recommending changes within the agencies the members represent to prevent child deaths; and

(4) Advising the State Team on changes to law, policy, or practice to prevent child deaths.

(b) To achieve its purpose, the local team shall:

(1) In consultation with the State Team, establish and implement a protocol for the local team;

(2) Set as its goal the investigation of child deaths in accordance with national standards;

(3) Meet at least quarterly to review the status of child fatality cases, recommend actions to improve coordination of services and investigations among member agencies, and recommend actions within the member agencies to prevent child deaths;

(4) Collect and maintain data as required by the State Team;

(5) Provide requested reports to the State Team, including discussion of individual cases, steps taken to improve coordination of services and investigations, steps taken to implement changes recommended by the local team within member agencies, and recommendations on needed changes to State and local law, policy, and practice to prevent child deaths; and

(6) In consultation with the State Team:

(i) Define “near fatality”; and

(ii) Develop procedures and protocols that local teams and the State Team may use to review cases of near fatality.

(c) In addition to the duties specified in subsection (b) of this section, a local team may investigate the information and records of a child convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality described in § 5–707 of this subtitle.
Md. Code, Economic Development § 5-2608 — MD Code / Article gec / Title 5 / Subtitle 26 / Section 5-2608
§5–2608.
Status: in_force

(a) On or before October 1 each year, the Commission shall submit a report to the Governor, the Maryland Economic Development Commission, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(b) The report shall include:

(1) a summary of the activities of the Commission during the preceding fiscal year; and

(2) a current copy of the strategic plan developed under § 5–2606 of this subtitle.
Md. Code, General Provisions § 5-518.1 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-518.1
§5–518.
Status: in_force

§5–518.1.

(a) Unless the alleged victim objects, the Joint Ethics Committee shall refer a complaint for evaluation to an outside and independent investigator selected by the Joint Ethics Committee if the complaint alleges that a member of the General Assembly has:

(1) violated the antiharassment policy and procedures of the General Assembly; or

(2) retaliated against an individual for reporting or participating in the investigation of a violation of the antiharassment policy and procedures of the General Assembly.

(b) The investigator shall submit its findings and recommendations regarding a complaint evaluated under subsection (a) of this section to the Joint Ethics Committee.

(c) (1) If the investigator does not recommend dismissal of the complaint after completing the evaluation, the investigator shall investigate the complaint.

(2) After the investigator completes the evaluation and at the recommendation of the investigator, the Joint Ethics Committee may dismiss a complaint before the completion of an investigation.

(d) The investigator shall submit its findings and recommendations regarding a complaint investigated under subsection (c)(1) of this section to the Joint Ethics Committee for further proceedings in accordance with this subtitle.

(e) The Joint Ethics Committee shall advise the complainant of the findings and recommendations of the investigator and provide, in accordance with § 5–518(b)(2) of this subtitle, a notice of the Joint Ethics Committee’s actions.

(f) (1) The Joint Ethics Committee may remove an outside and independent investigator selected under this subsection only for good cause.

(2) If the Joint Ethics Committee refers a matter to a prosecuting authority, the Joint Ethics Committee may direct an outside and independent investigator to delay an investigation at the request of a prosecuting authority.
Md. Code, Courts and Judicial Proceedings § 5-702 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

(a) In this section, “Board” means the State Board of Environmental Health Specialists.

(b) A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
Md. Code, Financial Institutions § 5-207 — MD Code / Article gfi / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) At any time that the Commissioner considers necessary, the Commissioner may ask a banking institution or an other-state bank that maintains a branch in this State to submit a special financial report.

(b) Each report under this section shall be made in the same manner as provided in § 5-206 of this subtitle.
Md. Code, General Provisions § 5-801 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

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

(b) “Lobbying” means performing acts, of a nature comparable to acts requiring registration under Subtitle 7 of this title, before the local government involved.

(c) (1) In Baltimore City, “local official” includes:

(i) city employees and officials of the Baltimore City Health Department;

(ii) the Police Commissioner of Baltimore City and the civilian employees and police officers of the Police Department of Baltimore City; and

(iii) members and employees of the Civilian Review Board.

(2) In Baltimore County, “local official” includes:

(i) board members and the chief executive of the Baltimore County Revenue Authority; and

(ii) for the purpose of the financial disclosure provisions enacted by the governing body of Baltimore County, except for a member of the Baltimore County Board of Education, members of a board of a State agency that is wholly or partly funded by Baltimore County, regardless of whether a member is compensated.

(3) In Montgomery County, “local official” includes:

(i) members and employees of the Montgomery County Revenue Authority;

(ii) commissioners and employees of the Montgomery County Housing Opportunities Commission; and

(iii) county employees of the Montgomery County Department of Health and Human Services.

(4) In St. Mary’s County, “local official” includes commissioners and employees of the St. Mary’s County Metropolitan Commission.
Md. Code, Economic Development § 5-1007 — MD Code / Article gec / Title 5 / Subtitle 10 / Section 5-1007
§5–1007.
Status: in_force

(a) The Department shall adopt regulations to carry out this subtitle.

(b) The Department of Veterans and Military Families may adopt regulations concerning eligibility criteria for loans under this subtitle.
Md. Code, Health Occupations § 5-201 — MD Code / Article gho / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

There is a State Board of Dietetic Practice in the Department.
Md. Code, Corporations and Associations § 5-128 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-128
§5–128.
Status: in_force

A licensing unit may adopt regulations to administer this subtitle.
Md. Code, Transportation § 5-205 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

Any political subdivision may cooperate with the Administration in the development of aeronautics and aeronautics facilities in this State.
Md. Code, General Provisions § 5-611 — MD Code / Article ggp / Title 5 / Subtitle 6 / Section 5-611
§5–611.
Status: in_force

(a) An individual who is not an official shall disclose information annually if designated under subsection (b) of this section.

(b) For disclosure under this section:

(1) the Governor, by executive order, may designate:

(i) an employee of an executive unit; or

(ii) a noncompensated appointee of the Governor;

(2) the Chief Justice of the Supreme Court of Maryland, by order, may designate:

(i) an employee of the Judicial Branch; or

(ii) a noncompensated appointee of the Supreme Court of Maryland or the Chief Justice; and

(3) the presiding officers of the General Assembly, by order, may designate:

(i) an employee of the Legislative Branch; or

(ii) a noncompensated appointee of either or both of the presiding officers.

(c) A statement filed under this section is a public record and shall contain the relevant information concerning the financial affairs of the individual submitting the statement that is considered necessary by the applicable designating authority.

(d) (1) In complying with subsection (b)(1) of this section, the Governor, by executive order, shall designate any employee of an executive unit who is:

(i) a home inspector or licensed home inspector under § 16–101 of the Business Occupations and Professions Article;

(ii) a building code enforcement official employed by the State;

(iii) an accredited inspector of lead for the Department of the Environment under § 6–818 of the Environment Article; or

(iv) an environmental health specialist under Title 21 of the Health Occupations Article.

(2) An employee under paragraph (1) of this subsection shall file a statement in accordance with § 5–601 of this subtitle that:

(i) discloses any interest the employee may have in any real property in the State; and

(ii) discloses any other information the Ethics Commission considers a conflict of interest related to the employment of the employee.
Md. Code, Criminal Law § 5-604 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) In this section, “counterfeit substance” means a controlled dangerous substance, or its container or labeling, that:

(1) without authorization, bears a likeness of the trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the actual manufacturer, distributor, or dispenser; and

(2) thereby falsely purports or is represented to be the product of, or to have been distributed by, the other manufacturer, distributor, or dispenser.

(b) Except as otherwise provided in this title, a person may not:

(1) create or distribute a counterfeit substance; or

(2) possess a counterfeit substance with intent to distribute it.

(c) Except as otherwise provided in this title, a person may not manufacture, distribute, or possess equipment that is designed to print, imprint, or reproduce an authentic or imitation trademark, trade name, other identifying mark, imprint, number, or device of another onto a drug or the container or label of a drug, rendering the drug a counterfeit substance.
Md. Code, Family Law § 5-3B-01 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-01
§5–3B–01.
Status: in_force

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

(b) “Assisted reproduction” has the meaning stated in § 5–1001 of this title.

(c) “Identifying information” means information that reveals the identity or location of an individual.

(d) “Mother” has the meaning stated in § 5–1001 of this title.

(e) (1) “Parent” means an individual who, at any time before a court enters an order for adoption under this subtitle:

(i) meets a criterion in § 5–3B–05(a) of this subtitle;

(ii) is the mother; or

(iii) is a parent or is presumed to be a parent under Title 1, Subtitle 2 of the Estates and Trusts Article.

(2) “Parent” does not include an individual whom a court has adjudicated not to be a father or mother.

(f) “Prospective adoptee” means an individual who is the subject of a petition for adoption under this subtitle.
Md. Code, Family Law § 5-336 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-336
§5–336.
Status: in_force

(a) Subject to subsection (b) of this section, a juvenile court shall rule on an adoption petition under this Part III of this subtitle promptly but no later than 180 days after the petition is filed.

(b) A juvenile court may not enter an order for adoption of a child under this Part III of this subtitle before the later of:

(1) 30 days after the birth of the child;

(2) expiration of the time set for revocation of consent, and not waived, under § 5–339 of this subtitle; or

(3) expiration of the time to respond to show–cause orders issued under this subtitle.
Md. Code, Insurance § 5-704 — MD Code / Article gin / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

(a) An insurer may deposit cash or government securities eligible for deposit under § 5-701(b) of this subtitle in an amount greater than any deposit required or allowed under this article.

(b) (1) All or part of an excess deposit may be released to a solvent insurer on its request as provided in § 5-708(a)(2) of this subtitle.

(2) An excess deposit may be released to an insolvent insurer only as provided in § 5-708(a)(3) of this subtitle.
Md. Code, Corporations and Associations § 5-529 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-529
§5–529.
Status: in_force

(a) If raw agricultural products are delivered by members to a cooperative association under marketing contracts which entitle the members to net proceeds from the sale of the products in their raw or processed state and subject the members to assessments in the event of an operating loss, the financial statements for associations engaged in handling raw agricultural products shall be audited by the association’s independent certified public accountant. The audit shall be made in accordance with generally accepted auditing standards. Copies of the financial statements together with the independent certified public accountant’s report on the examination of the association’s financial statements shall be furnished to each member or stockholder of the association and the Maryland Secretary of Agriculture on an annual basis. An independent certified public accountant and legal counsel shall be appointed by the association’s board of directors. The certified public accountant shall explain the report orally to the board of directors and shall also certify to the Secretary of Agriculture that the audit has been made in accordance with generally accepted auditing standards.

(b) The requirements of this section shall be met also by all foreign cooperative associations engaged in handling raw agricultural products that have one or more Maryland residents as members or stockholders.
Md. Code, Economic Development § 5-2203 — MD Code / Article gec / Title 5 / Subtitle 22 / Section 5-2203
§5–2203.
Status: in_force

§5–2203. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 485 OF 2022 //

(a) To carry out the purpose of the Program, the Department may issue loans in accordance with this section to qualified covered individuals.

(b) (1) On a referral by an organization conducting an entrepreneurial development program under the New Start Grant Program established under § 11–606 of the Labor and Employment Article and subject to availability of funds in the Fund, a covered individual participating in that entrepreneurial development program may apply for a loan to establish a business.

(2) The referral shall include a recommendation by the organization conducting the entrepreneurial development program for the amount of the loan to be issued by the Department.

(3) The Department shall take a referral and recommendation provided by an organization conducting an entrepreneurial development program under this subsection into consideration when determining to issue a loan under this section but is not bound by the referral or recommendation.

(c) A loan issued under this section may not exceed $50,000.

(d) (1) Subject to paragraph (2) of this subsection, the Department shall specify the terms of the loan.

(2) The loan may not require the provision of any collateral.
Md. Code, Agriculture § 5-507 — MD Code / Article gag / Title 5 / Subtitle 5 / Section 5-507
§5–507.
Status: in_force

(a) A beekeeper whose apiary is located on the property of any other person shall post in a conspicuous place in the apiary its identification number, as assigned by the Department, or other identification approved by the Department.

(b) (1) The Department shall give to the owner of an abandoned apiary or to the owner of the property on which the abandoned apiary is located notice that, if the apiary remains abandoned for more than 30 days from the date of the notice, the Department may condemn the apiary and remove any colony.

(2) If an apiary remains abandoned for more than 30 days from the date that notice is given under this subsection, the Department may condemn and remove the apiary.
Md. Code, Transportation § 5-822 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-822
§5–822.
Status: in_force

(a) Appeals to the Board of Airport Zoning Appeals may be taken in the manner set forth in § 5–814 of this subtitle by any aggrieved person or by any officer or agency of a political subdivision affected by the decision of the Administration.

(b) The Board of Airport Zoning Appeals may grant variances for State–owned airports in the manner set forth in § 5–815 of this subtitle.

(c) The Board of Airport Zoning Appeals shall condition any variance prerequisite to the grant of a permit required by § 5–821 of this subtitle so as to require the applicant to:

(1) Construct the proposed structure so as to comply with all applicable noise insulation regulations promulgated by the Administration; and

(2) Grant to the Administration an avigation easement as defined by § 5–1201(d) of this title, such easement including a provision relinquishing any right to receive remuneration or other compensation or benefit under any program of this State designed to allay, abate, or compensate for the effects of aircraft noise and emissions in connection with the operation of Baltimore–Washington International Thurgood Marshall Airport.

(d) After consultation with the Board of Airport Zoning Appeals and affected local governments, the Administration shall adopt regulations to further the intent of this section and to meet the sound insulation goals set forth in § 5–815(a) of this subtitle.

(e) Any aggrieved person or any officer or agency of an affected political subdivision may appeal from a decision of the Board of Airport Zoning Appeals in the manner set forth in § 5–816 of this subtitle.

(f) Upon timely application, an affected political subdivision may intervene in any appeal taken under this subtitle to the Board of Airport Zoning Appeals or to a court of competent jurisdiction.
Md. Code, State Finance and Procurement § 5-403 — MD Code / Article gsf / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

(a) The Department:

(1) shall provide planning assistance, including surveys, land use studies, urban renewal plans, technical services, and other planning work, to local governments; and

(2) may provide financial and other planning assistance to local governments as provided in the State budget.

(b) The Department may provide financial or other planning assistance to regional planning agencies as provided in the State budget.

(c) Before providing the assistance, the Secretary shall consider the adequacy and competency of any regional or local planning agency that requests financial assistance from the Department.

(d) The Secretary may require any local government or regional planning agency that receives financial or other planning assistance from the State to submit to the Secretary a copy of its planning budget.

(e) (1) The Secretary may require any local government or regional planning agency that receives financial or other planning assistance from the State to submit to an annual audit of its financial operations related to planning.

(2) The audit shall be performed by the Legislative Auditor or by an auditor or accountant legally qualified to perform municipal audits.

(3) The Secretary may accept an audit by the federal unit for a local government that receives financial or other planning assistance from a unit of the federal government.

(f) Whenever the Department requests and receives financial or other assistance from any unit of the federal government for planning assistance to a local government or a regional planning agency, the Department shall satisfy any requirement imposed by federal law.
Md. Code, Family Law § 5-554 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-554
§5–554.
Status: in_force

The Department shall adopt regulations requiring:

(1) employers to verify periodically the continuing employment of an employee and the continuing assignment of a volunteer;

(2) State or local agencies that license, register, approve, or certify any of the facilities identified in § 5–551(a) of this subtitle to verify periodically the continuing licensure, registration, approval, or certification of a facility or the continuing assignment of individuals identified in § 5–551(d) of this subtitle; and

(3) child placement agencies that place a child as described in § 5–551(b) of this subtitle to verify periodically the continuing participation or presence of individuals identified in § 5–551(b) of this subtitle.
Md. Code, Financial Institutions § 5-808 — MD Code / Article gfi / Title 5 / Subtitle 8 / Section 5-808
§5–808.
Status: in_force

(a) The Commissioner may order any banking institution to cease and desist from:

(1) An unsafe or unsound banking practice;

(2) A practice that is injurious to the public interest; or

(3) A violation of a law, rule, or regulation that relates to the Commissioner’s supervision of the institution.

(b) To protect depositors, stockholders, or the public, the Commissioner may include in a cease and desist order a restriction on the withdrawal of money from any banking institution.

(c) The Commissioner may include in a cease and desist order a requirement that the officers or directors of a banking institution act affirmatively to correct any violation or practice.

(d) (1) Before a cease and desist order takes effect, the Commissioner shall give the banking institution an opportunity for a hearing.

(2) Notice of the hearing shall be given and the hearing shall be held in accordance with the Administrative Procedure Act.

(e) If the Commissioner determines that the violation or practice under subsection (a) of this section requires immediate action to protect depositors, stockholders, or the public, the Commissioner:

(1) May issue a cease and desist order that is effective on service; and

(2) Shall give the banking institution an opportunity for a hearing to rescind the order.
Md. Code, Business Regulation § 5-1002 — MD Code / Article gbr / Title 5 / Subtitle 10 / Section 5-1002
§5–1002.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, the Office of Cemetery Oversight, the provisions in this title relating to the Office, and all regulations adopted by the Office shall terminate and be of no effect after July 1, 2033.
Md. Code, Public Utilities § 5-501 — MD Code / Article gpu / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

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

(2) “Account holder” means the individual in whose name a utility account is established.

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

(b) If an account holder’s surviving spouse presents to a utility the account holder’s death certificate and their marriage certificate or a State or federal tax return filed jointly by the account holder and the surviving spouse in the immediately preceding year, the utility shall, without requiring any further information, other than updated contact information, or imposing any fee or penalty:

(1) temporarily keep the account open for a period of not less than 6 months and, during that time, treat the surviving spouse as a joint holder of the account; or

(2) transfer the account to the surviving spouse.

(c) Notwithstanding subsection (b)(1) of this section, a utility may:

(1) in accordance with any other applicable law, impose a fee or penalty or terminate an account for nonpayment; or

(2) at the request of the surviving spouse, close the account.
Md. Code, State Personnel and Pensions § 5-207 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) (1) The head of each principal unit shall appoint:

(i) a fair practices officer who:

1. except as provided in paragraph (3) of this subsection, reports directly to the head of the unit; and

2. is an assistant secretary or an employee of the unit with stature similar to that of an assistant secretary; and

(ii) an appropriate number of equal employment opportunity officers for the unit.

(2) If necessary, the fair practices officer of a unit may also be the unit’s equal employment opportunity officer.

(3) The fair practices officer of the Department of State Police:

(i) shall be an expert in diversity issues and equal employment law, procedures, and practices;

(ii) shall report directly to the Secretary of State Police; and

(iii) may not be a sworn law enforcement officer.

(4) All appointments under this subsection shall be made in accordance with position descriptions approved by the Secretary.

(b) The Department shall provide training, assistance, and advice for equal employment opportunity officers and fair practices officers.

(c) Each fair practices officer shall:

(1) implement the Program within the unit;

(2) investigate and, as appropriate, resolve complaints filed under § 5–211 of this subtitle; and

(3) coordinate activities of equal employment opportunity officers in the unit.

(d) An equal employment opportunity officer shall:

(1) monitor all personnel actions adopted by the unit;

(2) attest that procedures consistent with this article, the Governor’s Code on Fair Practices, and other State and federal equal employment opportunity laws were followed by the unit in taking a personnel action; and

(3) perform the duties assigned by the fair practices officer and any other duty required by this article.

(e) An appointing authority shall delay the effective date of any adverse personnel action that directly affects an equal employment opportunity officer for up to 45 days, pending review and resolution by the Coordinator.
Md. Code, Agriculture § 5-1002 — MD Code / Article gag / Title 5 / Subtitle 10 / Section 5-1002
§5–1002.
Status: in_force

The General Assembly finds that the proliferation of certain species of insects, including the group Simulium jenningsi, commonly known as black flies, while not posing a direct threat to the health of humans, animals, or plants, may constitute a public and common nuisance on land and waters used for recreation, employment, and tourism.
Md. Code, Family Law § 5-1021 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1021
§5–1021.
Status: in_force

(a) The attorney for the Administration may request any individual named in a paternity complaint to submit to a blood or genetic test.

(b) If the individual refuses the attorney for the Administration’s request to submit to a blood or genetic test, the attorney for the Administration may apply to the circuit court for an order that directs the individual to submit to the test.
Md. Code, Health Occupations § 5-202 — MD Code / Article gho / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) (1) The Board consists of nine members.

(2) Of the nine Board members:

(i) Seven shall be dietitian-nutritionists licensed on or after July 1, 2004 to practice dietetics in Maryland, including:

1. One member who is engaged primarily in clinical dietetic practice;

2. One member who is engaged primarily in community or public health dietetic practice;

3. One member who is engaged primarily in administrative dietetic practice;

4. One member who is engaged primarily in consulting dietetic practice;

5. One member who is a faculty member in the field of dietetics or nutritional science; and

6. Two members who are certified nutrition specialists and who may not be registered dietitians; and

(ii) Two shall be consumer members.

(3) The Governor shall appoint the licensed dietitian-nutritionist members with the advice of the Secretary and with the advice and consent of the Senate from a list submitted as provided in subsection (b) of this section.

(4) The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.

(b) (1) For each licensed dietitian–nutritionist vacancy, the Board shall compile a list of names to be submitted to the Secretary in accordance with this subsection, including at least three names for each of the vacancies.

(2) The Board shall notify all licensed dietitian–nutritionists in the State of the vacancy to solicit nominations to fill the vacancy.

(3) The Maryland Academy of Nutrition and Dietetics or the Maryland Nutritionists Association shall nominate qualified individuals to fill the vacancy within 30 days after the notice required in paragraph (2) of this subsection is given.

(4) The Maryland Academy of Nutrition and Dietetics may comment on an individual nominated by the Maryland Nutritionists Association under paragraph (3) of this subsection within 30 days after the nomination and before the list is submitted to the Secretary.

(5) The Maryland Nutritionists Association may comment on an individual nominated by the Maryland Academy of Nutrition and Dietetics under paragraph (3) of this subsection within 30 days after the nomination and before the list is submitted to the Secretary.

(c) (1) Each licensed dietitian-nutritionist member of the Board shall:

(i) Be a citizen of the United States;

(ii) Be a resident of the State; and

(iii) Have practiced dietetics for at least 5 of the last 10 years.

(2) The consumer member of the Board:

(i) Shall be a citizen of the United States;

(ii) Shall be a resident of this State;

(iii) May not be a licensed dietitian-nutritionist or have a household member who is a licensed dietitian-nutritionist;

(iv) May not have a financial interest in the provision of goods or services to licensed dietitian-nutritionists; and

(v) May not have a financial interest in the provision of dietary goods or services to consumers.

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

(2) The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 1985.

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

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

(5) To the extent practicable, the Governor shall fill any vacancy on the Board within 75 days of the date of the vacancy.

(6) A member may not serve more than 2 consecutive full terms.

(e) Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.
Md. Code, Criminal Procedure § 5-213 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-213
§5–213.
Status: in_force

(a) A court may issue a bench warrant for the arrest of a defendant who violates a condition of pretrial release.

(b) After a defendant is presented before a court, the court may:

(1) revoke the defendant’s pretrial release; or

(2) continue the defendant’s pretrial release with or without conditions.
Md. Code, General Provisions § 5-102 — MD Code / Article ggp / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) (1) The General Assembly of Maryland, recognizing that our system of representative government is dependent on maintaining the highest trust by the people in their government officials and employees, finds and declares that the people have a right to be assured that the impartiality and independent judgment of those officials and employees will be maintained.

(2) It is evident that the people’s confidence and trust are eroded when the conduct of the State’s business is subject to improper influence or even the appearance of improper influence.

(b) For the purpose of guarding against improper influence, the General Assembly enacts this Maryland Public Ethics Law to require certain government officials and employees to disclose their financial affairs and to set minimum ethical standards for the conduct of State and local business.

(c) The General Assembly intends that this title, except its provisions for criminal sanctions, be construed liberally to accomplish this purpose.
Md. Code, General Provisions § 5-208 — MD Code / Article ggp / Title 5 / Subtitle 2 / Section 5-208
§5–208.
Status: in_force

(a) With advice from the Secretary of Budget and Management and in accordance with § 5–103 of this title, the Ethics Commission shall determine whether an individual in an executive unit is a public official for the purposes of this title.

(b) The Secretary of Budget and Management shall provide advice under subsection (a) of this section to the Ethics Commission:

(1) annually; and

(2) at any other time on request of the Ethics Commission.

(c) On request of the Ethics Commission, the following entities shall provide to the Ethics Commission in a timely manner any information necessary for the Ethics Commission to make a determination under subsection (a) of this section:

(1) the secretary of a principal department in the Executive Branch;

(2) the president of a public senior higher education institution, as defined in § 10–101 of the Education Article; and

(3) a unit of State government.
Md. Code, Environment § 5-505 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

Each application for a permit required by this subtitle shall be accompanied by maps, drawings, and specifications of proposed use or waterway obstruction, changes, additions, or repairs proposed to be made, and other data and information the Department requires.
Md. Code, Family Law § 5-321 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-321
§5–321.
Status: in_force

(a) (1) Consent of a parent to guardianship may include a waiver of the right to notice of:

(i) the filing of a petition under this subtitle; and

(ii) a hearing under this subtitle.

(2) Consent to guardianship entered into before a judge on the record shall include a waiver of a revocation period.

(3) Consent of a party to guardianship is not valid unless:

(i) the consent is given in a language that the party understands;

(ii) if given in a language other than English, the consent:

1. is given before a judge on the record; or

2. is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;

(iii) the party has received written notice or on–the–record notice before a judge of:

1. the revocation provisions in subsections (a)(2) and (c)(1) of this section;

2. the search rights of adoptees and parents under § 5–359 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and

3. the right to file a disclosure veto under § 5–359 of this subtitle;

(iv) if signed after counsel enters an appearance for a parent, the consent is accompanied by an affidavit of counsel stating that:

1. counsel reviewed the consent with the parent; and

2. the parent consents knowingly and voluntarily; and

(v) the consent is accompanied by an affidavit of counsel appointed under § 5–307(a) of this subtitle stating that a parent who is a minor or has a disability consents knowingly and voluntarily.

(b) (1) Whenever a local department receives consent to guardianship of an individual before a guardianship petition is filed, the local department promptly shall:

(i) file the consent in the individual’s CINA case; and

(ii) serve a copy of the consent on:

1. each living parent of the individual;

2. the parent’s last attorney of record in the CINA case; and

3. the individual’s last attorney of record in the CINA case.

(2) Whenever a party obtains consent to guardianship after a guardianship petition is filed, the party promptly shall:

(i) file the consent with the juvenile court in which the petition is pending; and

(ii) serve a copy of the consent on each other party.

(c) (1) Subject to paragraph (2) of this subsection, a person may revoke consent to guardianship any time within the later of:

(i) 30 days after the person signs the consent; or

(ii) 30 days after the consent is filed as required under this section.

(2) Consent to guardianship under subsection (a)(2) of this section is irrevocable.

(d) If, at any time before a juvenile court enters an order for adoption of a child, the juvenile court finds that a condition of consent to guardianship will not be fulfilled, the consent or acquiescence becomes invalid.
Md. Code, Family Law § 5-1010 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1010
§5–1010.
Status: in_force

(a) A complaint need not be in any particular form.

(b) The complaint shall be written in simple, nontechnical language.

(c) The complaint shall state the facts on which the complaint is based.

(d) (1) Except as otherwise provided in this subsection, a complaint filed under this subtitle shall be supported by the oath of the mother or pregnant woman, whether or not she is a party to the paternity proceeding.

(2) The complaint may be filed without the oath if the mother or pregnant woman:

(i) is dead;

(ii) refuses to file a complaint;

(iii) refuses to disclose the identity of the father of the child;

(iv) is mentally or physically incapable of making an oath; or

(v) refuses to make the oath.

(3) If the complaint is filed without an oath under paragraph (2) of this subsection:

(i) the complainant shall verify the fact of the pregnancy or birth; and

(ii) if the mother or pregnant woman is living, she shall be made a defendant.

(e) (1) Except as provided in paragraph (2) of this subsection, the clerk of court may not receive a complaint starting paternity proceedings unless the consent of the attorney for the Administration is attached to the complaint.

(2) The consent of the attorney for the Administration is not required if, after considering testimony or information given by affidavit, or both, the court:

(i) finds that the complaint is meritorious; and

(ii) rules that the consent is not required.

(3) Except by an order of court for good cause shown, a proceeding under this subtitle may not be dismissed voluntarily without the consent of the attorney for the Administration.
Md. Code, Human Services § 5-410 — MD Code / Article ghu / Title 5 / Subtitle 4 / Section 5-410
§5–410.
Status: in_force

Each local department shall:

(1) administer this part in its county in accordance with the regulations the Administration adopts; and

(2) report to the Administration as the Administration directs.
Md. Code, Transportation § 5-1205 — MD Code / Article gtr / Title 5 / Subtitle 12 / Section 5-1205
§5–1205.
Status: in_force

(a) No real property for which a specific variance has been granted by the Board under Subtitle 8 of this title, or that is encumbered by an avigation easement granted to the Administration, may be selected for participation in the pilot program established by § 5-1204 of this subtitle.

(b) The Board may not grant any variance under Subtitle 8 of this title from noise zone regulations for any proposed residential or educational use of real property during the period that the pilot program established by § 5-1204 of this subtitle is in operation.
Md. Code, Family Law § 5-514 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-514
§5–514.
Status: in_force

A license issued under this subtitle is effective until the license is revoked or suspended under § 5-515 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 5-109 — MD Code / Article gab / Title 5 / Subtitle 1 / Section 5-109
§5–109.
Status: in_force

(a) This section applies only to a franchisor that annually produces 20,000 or fewer barrels of beer in aggregate, in conjunction with any affiliate.

(b) (1) Subject to § 5–107 of this subtitle, and except as provided in subsection (d) of this section, before termination of or refusal to renew a beer franchise agreement, a franchisor shall enter into a termination agreement with the terminated franchisee.

(2) The termination agreement shall:

(i) compensate the terminated franchisee for the fair market value of the terminated franchise; and

(ii) provide for the repurchase of all the franchisor’s beer at an amount equal to the laid–in cost of the franchisee’s inventory of the franchisor’s products that are in the warehouse or in transit to the franchisee.

(c) (1) If an agreement on the compensation authorized under subsection (b)(2)(i) of this section is not reached within 45 days after the franchisor provides the notice required by § 5–107(b)(1)(i) of this subtitle, the matter shall be submitted to binding arbitration for the purpose of determining the compensation.

(2) The binding arbitration shall:

(i) be administered under the rules of the commercial arbitration rules of the American Arbitration Association;

(ii) take place in the State;

(iii) be heard by one arbitrator who shall be appointed in accordance with the commercial arbitration rules; and

(iv) be limited to 45 days, unless otherwise agreed to by the parties.

(3) During the period of arbitration, the beer franchise agreement shall remain in effect and may terminate only on the decision of the arbitrator.

(4) The arbitrator shall be governed by the laws of the State, the Maryland Rules, and the commercial arbitration rules.

(5) In determining the fair market value of the terminated franchise, the arbitrator:

(i) may consider only the period before the franchisor provided the notice required by § 5–107(b)(1)(i) of this subtitle; and

(ii) may not consider any period following the providing of that notice.

(6) The ruling of the arbitrator shall be final and subject to enforcement in the courts of the State.

(7) The cost of the arbitration shall be shared equally by the parties.

(d) By written mutual agreement, the franchisor and the franchisee may determine another method of terminating the franchise agreement and providing compensation to the terminated franchisee.

(e) Until resolution regarding fair market value is reached under subsection (b) or (c) of this section and the terminated franchisee has received payment in accordance with the determination of fair market value:

(1) the franchisor and the terminated franchisee shall support the franchisor’s products to at least the same extent that the products had been previously supported immediately before the franchisor provided the notice required by § 5–107(b)(1)(i) of this subtitle; and

(2) the terminated franchisee shall continue to distribute the products.
Md. Code, Corporations and Associations § 5-112 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-112
§5–112.
Status: in_force

(a) A corporation may elect to be a professional corporation under this subtitle by including in the articles of incorporation a statement that:

(1) The corporation is a professional corporation; and

(2) The corporation’s purpose is to render the professional services specified.

(b) A corporation incorporated in the State may elect professional corporation status by amending its articles of incorporation to comply with subsection (a) of this section and §§ 5-106 through 5-108 of this subtitle.

(c) A corporation that, prior to the effective date of this subtitle, was a duly organized professional corporation in the State shall be deemed a duly organized professional corporation under this subtitle.
Md. Code, Family Law § 5-706.2 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-706.2
§5–706.
Status: in_force

§5–706.2.

(a) (1) A local department or a law enforcement agency may receive a report under § 5–704.1 of this subtitle that a child is at substantial risk of sexual abuse.

(2) If a law enforcement agency receives the report, the law enforcement agency shall immediately refer the report to the local department.

(3) The Secretary of Human Services shall adopt regulations governing:

(i) how staff in a local department should elicit information when receiving a report under § 5–704.1 of this subtitle; and

(ii) the definition of substantial risk of sexual abuse as used in this subtitle.

(b) (1) Except as provided in paragraph (3) of this subsection, after confirming that the allegations in the report regarding the individual’s history are accurate and that there is specific information that the child is at substantial risk of sexual abuse, the local department shall make a thorough investigation to protect the health, safety, and welfare of any child or children who may be at substantial risk of sexual abuse.

(2) The local department shall conduct the investigation jointly with an appropriate law enforcement agency.

(3) If a subsequent report is received regarding an individual with a history of sexual abuse that alleges substantially the same facts as a report that the local department has previously investigated, the local department may decline to make an investigation of the subsequent report.

(c) Within 5 days after receiving the report, the local department and the appropriate law enforcement agency shall:

(1) see the child in person;

(2) attempt to have an on–site interview with the child’s caregiver and the individual identified in the report as an individual registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child;

(3) decide on the safety and level of risk to the child, wherever the child is, and of other children in the household; and

(4) decide on the safety and level of risk of other children in the care or custody of the individual identified in the report as an individual registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child.

(d) To the extent possible, an investigation under this section shall be completed as soon as practicable but not later than 30 days after receipt of the report.

(e) As part of the investigation, the local department shall:

(1) determine whether the child is safe;

(2) determine whether sexual abuse of the child has occurred;

(3) if appropriate, offer services to the family; and

(4) immediately decide whether to file a petition alleging that the child is in need of assistance.
Md. Code, Environment § 5-908 — MD Code / Article gen / Title 5 / Subtitle 9 / Section 5-908
§5–908.
Status: in_force

In cooperation with other State, local, and federal agencies, the Department may prepare comprehensive watershed management plans which address nontidal wetland protection, creation, and restoration, cumulative impacts, flood protection, and water supply concerns. Completed watershed management plans will be used as the basis for consistent permitting decisions and creating and restoring nontidal wetlands.
Md. Code, General Provisions § 5-609 — MD Code / Article ggp / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, a member of a board who is described in § 5–601(d) of this subtitle shall file the statement required by § 5–601 of this subtitle.

(2) The member shall be required to disclose the information specified in § 5–607 of this subtitle only as to those interests, gifts, compensated positions, and liabilities that may create a conflict, as described in Subtitle 5 of this title, between the member’s personal interests and the member’s duties on the board.

(b) (1) The Ethics Commission shall adopt regulations, subject to the approval of the Administrative, Executive, and Legislative Review Committee, specifying:

(i) the information to be disclosed under subsection (a) of this section; and

(ii) the circumstances under which the information is to be disclosed.

(2) The regulations adopted under this subsection shall be based on the experience of the Ethics Commission in:

(i) implementing Subtitle 5 of this title; and

(ii) reviewing statements under this subtitle.
Md. Code, Labor and Employment § 5-321 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-321
§5–321.
Status: in_force

(a) An applicant for a temporary variance shall:

(1) give a copy of the application to its employees or their authorized representative;

(2) post, where notices to employees normally are posted, a statement that summarizes the application and specifies where a copy of the application may be examined; and

(3) give notice by using any other appropriate means.

(b) An applicant for a permanent variance shall give each employee whom the variance would affect notice:

(1) of the application; and

(2) that the Commissioner shall give each employee whom the variance would affect an opportunity to participate in a hearing on the application.
Md. Code, Election Law § 5-905 — MD Code / Article gel / Title 5 / Subtitle 9 / Section 5-905
§5–905.
Status: in_force

(a) If only a single Governor and Lieutenant Governor unit files for the nomination of a political party, and the candidate for Governor dies, withdraws the candidacy, or is disqualified for any reason after the filing deadline specified under § 5–303 of this title, the remaining candidate for Lieutenant Governor is disqualified.

(b) (1) In the event of a vacancy in nomination under subsection (a) of this section, the State central committee of the political party to which the candidates belong shall select a successor candidate for Governor.

(2) The State central committee shall make its selection by the 10th day following the death, withdrawal, or disqualification of the gubernatorial candidate.

(3) The candidate disqualified for the office of Lieutenant Governor under subsection (a) of this section is eligible to be chosen as the successor candidate for Governor.

(c) (1) The successor candidate for Governor selected by the State central committee under subsection (b) of this section promptly shall select a successor candidate for Lieutenant Governor.

(2) If the former candidate for Lieutenant Governor is not selected as the successor candidate for Governor, that individual is eligible to be selected again as the candidate for Lieutenant Governor.

(d) By the deadline date specified under subsection (b)(2) of this section for the selection of the successor candidate for Governor by the appropriate State central committee, in accordance with Subtitle 3 of this title:

(1) the State central committee making the selection shall file a certificate of designation for those offices with the State Board for:

(i) its successor candidate for Governor; and

(ii) the successor candidate for Lieutenant Governor designated under subsection (c)(1) of this section; and

(2) the successor candidates for Governor and Lieutenant Governor each shall file a certificate of candidacy for those offices with the State Board.
Md. Code, Economic Development § 5-519 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-519
§5–519.
Status: in_force

The Authority shall use the Fund to implement this part.
Md. Code, Labor and Employment § 5-306 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this Part I of this subtitle shall terminate on July 1, 2034.
Md. Code, Health - General § 5-614 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-614
§5–614.
Status: in_force

(a) The withholding or withdrawal of life-sustaining procedures in accordance with the provisions of this subtitle shall not, for any purpose, constitute a suicide.

(b) (1) The making of an advance directive under this subtitle does not affect the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance.

(2) A policy of life insurance shall not be legally impaired or invalidated by the withholding or withdrawal of life-sustaining procedures from an insured patient in accordance with this subtitle, notwithstanding any term of the policy to the contrary.

(c) A person may not be required to make an advance directive as a condition for being insured for, or receiving, health care services.

(d) Any declaration of a patient or any designation of an agent made prior to October 1, 1993 shall be given full force and effect as provided in this subtitle.
Md. Code, Health - General § 5-801 — MD Code / Article ghg / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

§5–801. IN EFFECT

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

(b) “Aggregate incident data” means information or statistics maintained by the Office of Health Care Quality on the reported incidents of Level III serious injuries at health care facilities.

(c) “Committee” means the Mortality and Quality Review Committee.

§5–801. // EFFECTIVE DECEMBER 31, 2032 PER CHAPTER 221 OF 2022 //

In this subtitle, “Committee” means the Mortality Review Committee.
Md. Code, Courts and Judicial Proceedings § 5-119 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-119
§5–119.
Status: in_force

(a) (1) This section does not apply to a voluntary dismissal of a civil action or claim by the party who commenced the action or claim.

(2) This section applies only to a civil action or claim that is dismissed once for failure to file a report in accordance with § 3–2A–04(b)(3) of this article.

(b) If a civil action or claim is commenced by a party within the applicable period of limitations and is dismissed without prejudice, the party may commence a new civil action or claim for the same cause against the same party or parties on or before the later of:

(1) The expiration of the applicable period of limitations;

(2) 60 days from the date of the dismissal; or

(3) August 1, 2007, if the action or claim was dismissed on or after November 17, 2006, but before June 1, 2007.
Md. Code, Natural Resources § 5-2B-01 — MD Code / Article gnr / Title 5 / Subtitle 2B / Section 5-2B-01
§5–2B–01.
Status: in_force

§5–2B–01. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 568 OF 2024 //

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

(b) (1) “Alteration” means a change to an existing play area that affects the usability of the play area.

(2) “Alteration” does not include normal maintenance to an existing play area that does not affect the usability of the play area.

(c) “Communication board” means a device that displays photos, symbols, or illustrations with words and braille to supplement or replace spoken language as a means of expression and communication.

(d) “Local governing body” has the meaning stated in § 5–901 of this title.

(e) “Pilot program” means the Maryland Recreation Communication Boards Pilot Program established under § 5–2B–03 of this subtitle.

(f) “Play area” means a portion of a site containing play components designed and constructed for children.

(g) “Site” means:

(1) A parcel of land with boundaries marked by a property line; or

(2) A designated portion of a public right–of–way.
Md. Code, Courts and Judicial Proceedings § 5-624 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-624
§5–624.
Status: in_force

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

(2) “Emergency evaluee” has the meaning stated in § 10-620 of the Health - General Article.

(3) “Emergency facility” has the meaning stated in § 10-620 of the Health - General Article.

(4) “Peace officer” has the meaning stated in § 10-620 of the Health - General Article.

(b) Any petitioner who, in good faith and with reasonable grounds, submits or completes a petition under Title 10, Subtitle 6, Part IV of the Health - General Article is not civilly or criminally liable for submitting or completing the petition.

(c) Any peace officer who, in good faith and with reasonable grounds, acts as a custodian of an emergency evaluee is not civilly or criminally liable for acting as a custodian.

(d) An emergency facility that, in good faith and with reasonable grounds, acts in compliance with the provisions of Title 10, Subtitle 6, Part IV of the Health - General Article is not civilly or criminally liable for that action.

(e) An agent or employee of an emergency facility who, in good faith and with reasonable grounds, acts in compliance with the provisions of Title 10, Subtitle 6, Part IV of the Health - General Article is not civilly or criminally liable for that action.
Md. Code, Corporations and Associations § 5-6B-23 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-23
§5–6B–23.
Status: in_force

(a) In this section, “candidate sign” means a sign on behalf of a candidate for public office or a slate of candidates for public office.

(b) Except as provided in subsection (c) of this section, a recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a cooperative housing corporation may not prohibit or restrict the display of:

(1) A candidate sign; or

(2) A sign that advertises the support or defeat of any question submitted to the voters in accordance with the Election Law Article.

(c) A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a cooperative housing corporation may restrict the display of a candidate sign or a sign that advertises the support or defeat of any proposition:

(1) In any areas constituting those portions of a cooperative project possessed in common by the members;

(2) In accordance with provisions of federal, State, and local law; or

(3) If a limitation to the time period during which signs may be displayed is not specified by a law governing the jurisdiction in which the cooperative housing corporation is located, to a time period not less than:

(i) 30 days before the primary election, general election, or vote on the proposition; and

(ii) 7 days after the primary election, general election, or vote on the proposition.
Md. Code, Family Law § 5-334 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-334
§5–334.
Status: in_force

(a) Promptly after a petition for adoption is filed under this Part III of this subtitle, a juvenile court shall issue a show–cause order that requires the party to whom issued to respond as required under the Maryland Rules.

(b) On issuance of a show–cause order as to adoption of a child under this section, a petitioner shall serve the order on:

(1) each of the child’s living parents who has not consented to the adoption;

(2) each living parent’s last attorney of record in the CINA case; and

(3) the child’s last attorney of record in the CINA case.

(c) Service under this section shall be:

(1) on a parent, by:

(i) first–class mail; and

(ii) 1. personal service; or

2. certified mail, restricted delivery, return receipt requested; and

(2) on an attorney, by:

(i) personal service; or

(ii) certified mail, return receipt requested.

(d) Service on a parent under this section shall be attempted as provided in § 5–316(d), (e), and (f) of this subtitle.
Md. Code, Natural Resources § 5-426 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-426
§5–426.
Status: in_force

(a) (1) The Department shall establish and administer an urban and community forestry program to provide State or federal financial assistance, on a matching basis, to:

(i) A county or municipal corporation that implements a local urban and community forestry program within its jurisdiction; or

(ii) A nonprofit corporation that participates in the implementation of a local urban and community forestry program.

(2) The county or municipal corporation may hire an individual to direct its program with the cooperation of the Department.

(b) The Department’s urban and community forestry program shall provide technical assistance to counties, municipal corporations, nonprofit corporations, and individuals for the retention and management of forests and trees. This technical assistance may include:

(1) Street tree inventories;

(2) Technical evaluation of site development plans;

(3) Management recommendations for the retention, protection, and utilization of forests and trees in developments;

(4) Assistance to planning and zoning departments;

(5) Advice on insect and disease control;

(6) Advice to counties and municipal corporations in implementing and conducting their own urban and community forestry program; and

(7) Advice to nonprofit corporations participating in the implementation of an urban and community forestry program.
Md. Code, Family Law § 5-1401 — MD Code / Article gfl / Title 5 / Subtitle 14 / Section 5-1401
§5–1401.
Status: in_force

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

(b) “Nonconsensual sexual conduct” means an act committed by a respondent against the other parent that is prohibited under:

(1) § 3–303 or § 3–304(a)(1) or (2) of the Criminal Law Article; or

(2) § 3–323 of the Criminal Law Article, if the other parent is a minor and the respondent was at least 4 years older than the other parent at the time of the act.

(c) “Respondent” means the parent against whom an action for termination of parental rights is filed under this subtitle.
Md. Code, Public Safety § 5-147 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-147
§5–147.
Status: in_force

(a) In this section, “Department” means the Department of State Police.

(b) (1) The Department shall transmit to each e–mail address on file with the Department that is associated with the purchaser or transferee of a regulated firearm or a person who has registered a regulated firearm with the Department a summary of each new law or change to each existing law pertaining to firearms that was passed by the General Assembly during each legislative session as provided in paragraph (2) of this subsection.

(2) The summary described in paragraph (1) of this subsection shall be transmitted:

(i) within 45 days after the General Assembly adjourns Sine Die in a legislative session;

(ii) for each act establishing a new law or change to an existing law pertaining to firearms, 30 days before the effective date of the act; and

(iii) if an act is designated as an emergency act, as soon as practicable.
Md. Code, General Provisions § 5-604 — MD Code / Article ggp / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) Except as provided under subsection (c) of this section, an individual who, other than by reason of death, leaves an office for which a statement is required by § 5–601(a) of this subtitle shall file the statement within 60 days after leaving the office.

(b) The statement shall cover:

(1) the calendar year immediately preceding the year in which the individual left office, unless a statement covering that year has already been filed by the individual; and

(2) the portion of the current calendar year during which the individual held the office.

(c) This section does not require the filing of a statement if:

(1) the individual has left office to become an official in another office for which a statement is required under this subtitle; and

(2) the disclosure requirements of the new office are at least as extensive as those of the old office.
Md. Code, Real Property § 5-103 — MD Code / Article grp / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

No corporeal estate, leasehold or freehold, or incorporeal interest in land may be assigned, granted, or surrendered, unless it is in writing signed by the party assigning, granting, or surrendering it, or his agent lawfully authorized by writing, or by act and operation of law.
Md. Code, Insurance § 5-604 — MD Code / Article gin / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) An insurer may not make an investment or loan unless the investment or loan is authorized by:

(1) the board of directors of the insurer; or

(2) a committee authorized by the board of directors of the insurer to supervise or make investments and loans.

(b) The committee described in subsection (a)(2) of this section shall:

(1) record its minutes; and

(2) submit regular reports of the committee to the board of directors.
Md. Code, Family Law § 5-4A-06 — MD Code / Article gfl / Title 5 / Subtitle 4A / Section 5-4A-06
§5–4A–06.
Status: in_force

A person who submits a claim for payment or for reimbursement for services or benefits or makes a statement in connection with a claim for payment or reimbursement for services or benefits pursuant to § 5-4A-05 of this subtitle which the person knows or should know is false, misleading, or fraudulent is guilty of perjury and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both.
Md. Code, Public Safety § 5-202 — MD Code / Article gps / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

This subtitle does not apply to a short-barreled rifle or short-barreled shotgun that is:

(1) an antique firearm as defined in § 4-201 of the Criminal Law Article;

(2) a device designed or redesigned for use other than as a weapon;

(3) a device designed or redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or

(4) a firearm that cannot:

(i) discharge a projectile by an explosive; and

(ii) be readily restored to a firing condition.
Md. Code, Corporations and Associations § 5-5A-04 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-04
§5–5A–04.
Status: in_force

Any 5 or more adult individuals, or 2 or more entities operating on a cooperative basis, may incorporate under this subtitle.
Md. Code, Natural Resources § 5-305 — MD Code / Article gnr / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

An approved applicant may receive cost–share assistance in the amount determined and approved by the Department, provided:

(1) No assistance may exceed 75 percent of the actual cost incurred by the applicant in implementing the approved practice on a particular tract of land;

(2) An eligible landowner may not receive more than $5,000 in a calendar year for all approved practices implemented by the landowner, unless the owner has submitted a 3–year plan for woodland resource development under item (3) of this section; and

(3) If the Department has approved a 3–year plan for woodland resource development, an eligible landowner may not receive more than $15,000 during the 3–year period for all approved practices implemented by the landowner.
Md. Code, Natural Resources § 5-604 — MD Code / Article gnr / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

The Department may promulgate rules and regulations to administer this subtitle. The Secretary shall enforce every provision of this subtitle, and offer assistance to any district board. He shall disseminate information concerning minimum rules of forest practice adopted in the forestry districts in the State, maintain inspection of forest management practices necessary to make this subtitle effective, and enforce any rule or regulation the Department adopts.
Md. Code, Human Services § 5-313 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-313
§5–313.
Status: in_force

(a) Except as provided in subsection (b) of this section and in regulations that the Secretary adopts, a local department may not pay temporary cash assistance to:

(1) a family that includes an adult who has received more than 60 cumulative months of temporary cash assistance funded wholly or partly by federal funds; or

(2) a family that includes an adult who:

(i) has received more than 24 cumulative months of temporary cash assistance funded wholly or partly by federal funds; and

(ii) is not participating in a work activity.

(b) The Secretary shall adopt regulations that establish:

(1) standards and procedures under which a local department may exempt a family from the limitation under subsection (a)(1) of this section because of hardship; and

(2) a separate State program that:

(i) is funded entirely from State general funds that may be counted toward any federal maintenance of effort requirement;

(ii) pays temporary cash assistance to a family that is exempted under item (1) of this subsection but cannot receive federal funds because of federal limitations; and

(iii) is subject to all FIP requirements under this subtitle.

(c) The provisions of this section are subject to federal law and regulation.
Md. Code, Business Occupations and Professions § 5-202 — MD Code / Article gbo / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) (1) The Board consists of seven members.

(2) Of the seven members of the Board:

(i) four shall be licensed cosmetologists;

(ii) one shall be a licensed esthetician;

(iii) one shall be affiliated with a private cosmetology school as an educator or owner; and

(iv) one shall be a consumer member.

(3) The Governor shall appoint the members with the advice of the Secretary.

(b) Each cosmetologist member of the Board:

(1) shall have practiced cosmetology actively for at least 5 years before appointment;

(2) shall be a citizen of the State;

(3) may not be affiliated directly or indirectly with any cosmetology school;

(4) may not be affiliated with any person who manufactures or sells any article, supply, or merchandise that is commonly used in a beauty salon; and

(5) may not be a graduate of the same school of cosmetology as any other member of the Board.

(c) The consumer member of the Board:

(1) shall be a member of the general public;

(2) may not be a licensee or otherwise be subject to regulation by the Board;

(3) may not be required to meet the qualifications for the professional members of the Board; and

(4) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.

(d) While a member of the Board, the consumer member may not:

(1) have a financial interest in or receive compensation from a person regulated by the Board; or

(2) grade any examination given by or for the Board.

(e) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

(f) (1) The term of a member is 3 years and begins on July 1.

(2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.

(3) A member may not serve more than 2 consecutive terms.

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

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

(g) (1) The Governor may remove a member for incompetence or misconduct.

(2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

(3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

(4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Estates and Trusts § 5-304 — MD Code / Article get / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) (1) Unless a timely request for judicial probate has been filed pursuant to subsection (b) of this section, or unless a request has been filed pursuant to § 5–402 of this title within 6 months of administrative probate, any action taken after administrative probate shall be final and binding as to all interested persons.

(2) Except as provided in subsection (b) of this section, a defect in a petition or proceeding relating to administrative probate shall not affect the probate or the grant of letters.

(b) An administrative probate may be set aside and a proceeding for judicial probate instituted if, following a request by an interested person within 18 months of the death of decedent, the court finds that:

(1) The proponent of a later offered will, in spite of the exercise of reasonable diligence in efforts to locate any will, was actually unaware of the existence of a will at the time of the prior probate;

(2) The notice provided in § 2–210 of this article was not given to such interested person nor did the interested person have actual notice of the petition for probate; or

(3) There was fraud, material mistake, or substantial irregularity in the prior probate proceeding.
Md. Code, Family Law § 5-708 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-708
§5–708.
Status: in_force

Any person who makes or participates in making a report of abuse or neglect under § 5–704, § 5–705, or § 5–705.1 of this subtitle or a report of substantial risk of sexual abuse under § 5–704.1 of this subtitle or participates in an investigation or a resulting judicial proceeding shall have the immunity described under § 5–620 of the Courts and Judicial Proceedings Article from civil liability or criminal penalty.
Md. Code, Economic Development § 5-404 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) The Authority shall:

(1) work to increase the utilization of the programs and funds established under the Authority to assist minority and women–owned businesses in the State; and

(2) consider incentives to encourage the use of the Authority’s credit insurance services.

(b) (1) Subject to paragraph (2) of this subsection, the Authority shall develop and implement a marketing plan to increase awareness of the Authority’s credit insurance services.

(2) The marketing plan implemented under paragraph (1) of this subsection shall identify methods to increase the utilization of the Authority’s credit insurance services by community banks and other financial institutions that make loans to historically disadvantaged businesses and businesses in rural areas of the State.
Md. Code, Economic Development § 5-417 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-417
§5–417.
Status: in_force

Even though a determination of the Authority about financial assistance is subject to the Maryland Public Ethics Law, the existence of a conflict of interest or a violation of the Maryland Public Ethics Law does not affect:

(1) the validity of a finding or determination made under this subtitle;

(2) the enforceability of an agreement that the Authority makes under this subtitle; or

(3) the validity or enforceability of a bond that the Authority issues.
Md. Code, Environment § 5-903 — MD Code / Article gen / Title 5 / Subtitle 9 / Section 5-903
§5–903.
Status: in_force

(a) There is a statewide program within the Department for the conservation, regulation, enhancement, creation, monitoring, and wise use of nontidal wetlands.

(b) The Department shall:

(1) Coordinate with other State agencies, federal agencies, other states, local governments, and interested persons in the regulation of nontidal wetlands;

(2) Assist local governments in undertaking nontidal wetland management planning, including mapping, technical assistance, and expediting the permit process;

(3) Develop certification programs to ensure uniform and professional standards for the identification, delineation, functional assessment, and mitigation of nontidal wetlands;

(4) Evaluate proposed activities on nontidal wetlands and grant or deny permits or other approvals of proposed activities;

(5) Conduct watershed studies and educational programs and disseminate information concerning the nontidal wetlands program;

(6) Prepare, adopt, and periodically revise guidance maps of nontidal wetlands;

(7) Adopt standards for planning, regulating, restoring, creating, and enhancing nontidal wetlands;

(8) Purchase, restore, and create nontidal wetlands; and

(9) Conduct periodic monitoring, cumulative impact assessment, and evaluation of activities authorized under this subtitle.

(c) By December 31, 1989 the Department shall adopt final regulations necessary to administer this subtitle, in accordance with § 10-111(a) of the State Government Article.
Md. Code, General Provisions § 5-837 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-837
§5–837.
Status: in_force

At any time before final action on an application, a party of record may file with the clerk of the County Council competent evidence of:

(1) a payment or contribution by an applicant or agent covered under § 5–835 of this subtitle; or

(2) an ex parte communication covered under § 5–836 of this subtitle.
Md. Code, Family Law § 5-3B-03 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-03
§5–3B–03.
Status: in_force

(a) The General Assembly finds that the policies and procedures of this subtitle are desirable and socially necessary.

(b) The purposes of this subtitle are to:

(1) timely provide permanent and safe homes for children consistent with their best interests;

(2) protect children from unnecessary separation from their parents;

(3) ensure adoption only by individuals fit for the responsibility;

(4) protect parents from making hurried or ill-considered agreements to terminate their parental rights;

(5) protect prospective adoptive parents by giving them information about prospective adoptees and their backgrounds; and

(6) protect adoptive parents from future disturbances of their relationships with adoptees by former parents.
Md. Code, Human Services § 5-321 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-321
§5–321.
Status: in_force

(a) Any assistance granted under this subtitle is subject to future amendment or repeal of this subtitle.

(b) A recipient is not entitled to compensation if the recipient’s assistance is affected by amendment or repeal of this subtitle.
Md. Code, Family Law § 5-609 — MD Code / Article gfl / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

This compact shall not apply to:

(1) the sending or bringing of a child into a receiving state by the child’s parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or guardian and leaving the child with any such relative or non-agency guardian in the receiving state.

(2) any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.
Md. Code, Family Law § 5-712.1 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-712.1
§5–712.
Status: in_force

§5–712.1.

(a) In this section, “health care practitioner” has the meaning stated in § 1–301 of the Health Occupations Article.

(b) If requested by a health care practitioner or another agency, institution, or program providing treatment or care to a child who is the subject of a report of child abuse or neglect for a purpose relevant to the treatment or care being provided, the Department or local department shall provide to the requestor:

(1) information regarding the condition and well–being of the child;

(2) information regarding the medical, mental health, and developmental needs of the child;

(3) the name of any other health care practitioner identified in the record as providing care or treatment to the child; and

(4) any other relevant information in the record or report.

(c) In providing information under subsection (b) of this section, the Department or local department may not release information related to the identity of the person who reported the child abuse or neglect.
Md. Code, Transportation § 5-510 — MD Code / Article gtr / Title 5 / Subtitle 5 / Section 5-510
§5–510.
Status: in_force

Except as provided in this subtitle, a person may not use any land located within any airport zoning district created under this subtitle for any:

(1) Transformer station;

(2) High-tower transmission line;

(3) Manufacturing establishment or other use that produces smoke that would interfere with the safe use of the airport;

(4) Rifle range or private landing field that would interfere with the health, safety, or general welfare of the public in the use of the airport;

(5) Plant or business of any kind that emits smoke, gases, or odors that would interfere with the health, safety, or general welfare of the public in the use of the airport;

(6) Business or structure of any kind that may be detrimental to the health, safety, or general welfare of the public in the use of the airport; or

(7) Use that would:

(i) Create electrical interference with radio communication between the airport and aircraft;

(ii) Make it difficult for airmen to distinguish between airport lights and other lights;

(iii) Cause glare in the eyes of airmen using the airport;

(iv) Impair visibility in the vicinity of the airport; or

(v) Otherwise endanger the landing, taking off, or maneuvering of aircraft.
Md. Code, State Finance and Procurement § 5A-331 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-331
§5A–331.
Status: reserved

(a) In this section, a “qualified cooperating nonprofit organization” means a nonprofit organization in good standing with the State Department of Assessments and Taxation that:

(1) is based in the State;

(2) operates statewide; and

(3) has demonstrated experience:

(i) rehabilitating historic structures;

(ii) managing preservation funds; and

(iii) holding preservation easements.

(b) (1) A qualified cooperating nonprofit organization may use funds provided by the Trust only:

(i) to pay for the qualified cooperating nonprofit organization to acquire historic properties or interests in historic properties for resale or lease;

(ii) to pay costs, including preparation and administrative costs, to restore or rehabilitate historic properties owned by the qualified cooperating nonprofit organization for resale or lease;

(iii) to make loans to other nonprofit organizations, political subdivisions, and business entities to acquire, rehabilitate, restore, or refinance historic properties;

(iv) to make loans to individuals to rehabilitate or restore historic properties recognized by the National Park Service as National Historic Landmarks; or

(v) for necessary administrative and programmatic expenses associated with carrying out the transfer of funds.

(2) A qualified cooperating nonprofit organization shall develop a competitive process for making awards of financial assistance with funds received from the Trust.

(c) A qualified cooperating nonprofit organization receiving funds from the Trust, in coordination with the Director, shall adopt appropriate guidelines to carry out the purposes enumerated in subsection (b) of this section.

(d) A qualified cooperating nonprofit organization shall make the following information available on its website:

(1) the guidelines established under subsection (c) of this section;

(2) the availability of funds; and

(3) information on projects receiving financial assistance from the transferred funds.

(e) (1) On or before June 30 each year, a qualified cooperating nonprofit organization shall provide an annual report to the Trust outlining all funds received.

(2) The annual financial review or audit of the organization shall be provided at the request of the Trust to confirm the intended use of the transferred funds.
Md. Code, Corporations and Associations § 5-652 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-652
§5–652.
Status: in_force

(a) (1) Without authorization by the members and on the conditions the board of directors determines, the board of directors of a cooperative may authorize the execution and delivery of a mortgage or deed of trust of, or the pledging or encumbering of, any or all of the assets of the cooperative, whether acquired or to be acquired, and wherever located, and the revenues and income from the assets, to secure any indebtedness of the cooperative to:

(i) The United States or an agency or instrumentality of the United States; or

(ii) 1. A national financing institution that is organized on a cooperative plan for the purpose of financing its members’ programs, projects, and undertakings, and in which the cooperative holds membership; or

2. Any other financing institution.

(2) A loan described in paragraph (1) of this subsection is not subject to § 4–106(b) of the Real Property Article.

(b) (1) A cooperative may not sell, lease, or otherwise dispose of all or a substantial portion of its assets unless:

(i) The sale, lease, or disposition is authorized at a meeting of the members by the affirmative vote of not less than a majority of all the members of the cooperative; and

(ii) The notice of the meeting contained notice of the proposed sale, lease, or disposition.

(2) Notwithstanding any other provision of law, on the authorization of a majority of the members of the cooperative present at a meeting of the members, the board of directors may sell, lease, or otherwise dispose of all or a substantial portion of its assets to:

(i) Another cooperative or a foreign corporation doing business in the State under this subtitle; or

(ii) The holder of any note, bond, or other evidence of indebtedness of the cooperative issued to the United States or an agency or instrumentality of the United States.
Md. Code, Agriculture § 5-306 — MD Code / Article gag / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) To accomplish the purpose of this subtitle, the Secretary may enter any public or private land or property, vehicle, vessel or aircraft in the State to inspect, destroy, treat, or experiment with dangerously injurious plant pests. It is unlawful to deny access to, offer any resistance to, hinder, misrepresent or conceal facts from the Secretary or his agent in the performance of their duties.

(b) If the Secretary determines that any dangerously injurious plant pest can be controlled without destroying the plant, then he shall order it treated. If the person notified fails to comply with the order, the Secretary shall apply the appropriate control measures and the owner shall pay the cost. If the owner refuses to pay the cost, it shall be collected as provided in § 5-307. The Secretary may treat any suspicious plant found in dangerous proximity to those infested or infected in order to prevent dissemination.
Md. Code, Labor and Employment § 5-103 — MD Code / Article gle / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) Except as provided in subsection (b) of this section, this title applies to the working conditions at each work place in the State.

(b) This title does not apply to a working condition of:

(1) an employee of the federal government or its units; or

(2) an employee whose occupational safety and health is protected under:

(i) the Federal Mine Safety and Health Act of 1977;

(ii) the Longshore and Harbor Workers’ Compensation Act; or

(iii) the Atomic Energy Act of 1954.
Md. Code, Education § 5-327 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-327
§5–327.
Status: in_force

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

(2) “Baseline total cost of ownership” means the typical total cost of ownership of a new school building or a school facility renewal, as calculated by the Interagency Commission.

(3) “Estimated total cost of ownership” means the total cost of ownership of a new school building or a school facility renewal and the concomitant analysis as estimated by a local education agency before the construction of a new school building or a school facility renewal begins.

(4) (i) “Projected actual total cost of ownership as constructed” means the total cost of ownership of a new school building or a school facility renewal and the concomitant analysis as calculated by a local education agency after the construction of the new school building or the school facility renewal is complete.

(ii) “Projected actual total cost of ownership as constructed” includes the sum of:

1. The actual costs of construction and operation of the new school building or the school facility renewal as of the date of the calculation; and

2. An estimation of future costs.

(5) “School facility renewal” means a capital improvement project for an existing school that, on completion:

(i) Will reduce the school’s facility condition index, as defined in § 5–310 of this subtitle, to 0.15 or lower; and

(ii) Results in a like–new operational condition for the school.

(6) “State share percentage” means the percentage of eligible costs, as defined in regulations adopted in accordance with § 5–303 of this subtitle, for the construction of a new school building or a school facility renewal paid for by the State.

(b) If a project for the construction of a new school building or a school facility renewal has an estimated total cost of ownership that is at least 15% less than the baseline total cost of ownership, the county shall receive a 5 percentage point increase in the State share percentage for that project.

(c) (1) Subject to paragraph (2) of this subsection, if a project has a projected actual total cost of ownership as constructed that is not at least 15% less than the baseline total cost of ownership, the county that received a 5 percentage point increase in the State share percentage for that project shall repay that amount to the Interagency Commission.

(2) The Interagency Commission shall establish a process for a county to repay the Interagency Commission the amount of the 5% increase in the State share percentage of a project that met the requirements under subsection (b) of this section, if approximately 12 to 17 months after the date on which construction is complete and the local education agency begins using the building or renewal for its intended purpose, the projected actual total cost of ownership as constructed is not at least 15% less than the baseline total cost of ownership.

(d) The Interagency Commission, in coordination with the Department and the Department of General Services, shall develop life cycle cost analysis standards.

(e) The Interagency Commission shall adopt regulations to carry out this section.
Md. Code, Natural Resources § 5-1506 — MD Code / Article gnr / Title 5 / Subtitle 15 / Section 5-1506
§5–1506.
Status: in_force

The Board of Public Works shall approve each acquisition of a conservation easement or a fee simple or other interest in property proposed by the Department under this subtitle.
Md. Code, Education § 5-307 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) The Interagency Commission shall assist the Prince George’s County Board of Education in developing an education facility master plan that encourages and supports the neighborhood school concept to improve the quality of education for all students in Prince George’s County.

(b) The education facility master plan under subsection (a) of this section shall be updated annually.

(c) To the extent the Prince George’s County Board of Education and the county consider appropriate, the neighborhood school concept of the education facility master plan may include interagency utilization of neighborhood schools, including joint use of school facilities and property of:

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

(2) The Prince George’s County library system;

(3) The Prince George’s County Health Department;

(4) The Prince George’s County Police Department;

(5) The Prince George’s County Department of Social Services; and

(6) The Prince George’s County Department of Family Services.

(d) Notwithstanding any other provision of law, the Prince George’s County Board of Education may construct a school facility planned for joint use by the county board and a public agency listed in subsection (c) of this section on property owned by a public agency other than the county board.
Md. Code, Education § 5-318 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-318
§5–318.
Status: in_force

(a) (1) There is a solar energy pilot program to promote the use of solar energy systems to generate electricity in public school buildings in the State.

(2) The pilot program shall be implemented and administered by the Interagency Commission and shall operate as provided in this section.

(b) The Interagency Commission shall:

(1) Encourage all local boards in the State to study, design, and construct or renovate school buildings that are energy efficient and use solar energy systems to generate electricity to meet some of the school building’s electrical energy needs, electrical energy demand, or a combination of the electrical energy needs and electrical energy demand;

(2) Provide grants out of State funds dedicated for this program to local boards to assist in implementing the use of solar energy systems at existing public schools or in new or renovated school building projects; and

(3) Develop a procedure for a local board to apply for a grant in accordance with subsection (c) of this section.

(c) (1) A local board may apply to the Interagency Commission for a grant to cover 90% of the cost to purchase and install a solar energy system to generate a portion of the school building’s electrical energy needs or electrical energy demand.

(2) A local board that receives a grant under this subsection shall pay:

(i) 10% of the cost to purchase and install the solar energy system; and

(ii) All architectural or engineering fees for the design and supervision of the installation of the solar energy system.

(3) The Interagency Commission may award a grant under this section for a solar energy system project.

(d) Local school systems are encouraged to seek private funding to implement the pilot program.

(e) The total savings of electrical energy needs and electrical energy demand costs that result from the installation and use of solar energy systems under this section shall remain with the local school system.

(f) (1) The Interagency Commission and the Maryland Energy Administration shall cooperate with, assist, provide technical assistance to, and advise school systems to identify appropriate existing public school buildings and public school construction projects that would benefit from the installation of solar energy systems.

(2) The Interagency Commission shall adopt procedures necessary to implement this section.
Md. Code, Commercial Law § 5-115 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-115
§5–115.
Status: in_force

An action to enforce a right or obligation arising under this article must be commenced within 1 year after the expiration date of the relevant letter of credit or 1 year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach.
Md. Code, Election Law § 5-203 — MD Code / Article gel / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) (1) This subsection does not apply to a candidate for:

(i) President or Vice President of the United States; or

(ii) any federal office who seeks nomination by petition.

(2) Unless the individual is a registered voter affiliated with the political party, an individual may not be a candidate for:

(i) an office of that political party; or

(ii) except as provided in subsection (b) of this section, nomination by that political party.

(b) The requirements for party affiliation specified under subsection (a) of this section do not apply to a candidate for:

(1) a judicial office; or

(2) a county board of education.
Md. Code, Financial Institutions § 5-1002 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1002
§5–1002.
Status: in_force

This subtitle sets forth the conditions under which:

(1) An out-of-state bank may establish branches in this State; and

(2) A banking institution may establish branches within or outside this State.
Md. Code, Natural Resources § 5-709 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-709
§5–709.
Status: in_force

Every landowner shall clear the safety strips in accordance with the terms of Part II of this subtitle.
Md. Code, Public Utilities § 5-408 — MD Code / Article gpu / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

The power of a railroad company to condemn land and other property under this subtitle includes the power to condemn, for railroad purposes, private crossings or ways and land and other property to provide substitute outlets.
Md. Code, Courts and Judicial Proceedings § 5-524 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-524
§5–524.
Status: in_force

An owner or lessee of any motor vehicle registered under Title 13 of the Transportation Article may not raise the defense of sovereign or governmental immunity, to the extent of benefits provided by the security accepted by the Motor Vehicle Administration under § 17-103 of the Transportation Article, in any judicial proceeding in which the plaintiff claims that personal injury, property damage, or death was caused by the negligent use of the motor vehicle while in government service or performing a task of benefit to the government.
Md. Code, Financial Institutions § 5-702 — MD Code / Article gfi / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

For the purposes of this subtitle, the operation of an automated teller machine or the conduct of internal operations by a banking institution does not constitute being open for business.
Md. Code, Election Law § 5-101 — MD Code / Article gel / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

(a) This subtitle governs the process by which an individual becomes a candidate for a public or party office in an election governed by this article.

(b) An individual’s name may not be placed on the ballot and submitted to the voters at an election unless the individual complies with the requirements of this title.
Md. Code, Courts and Judicial Proceedings § 5-614 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-614
§5–614.
Status: in_force

(a) This section applies to:

(1) An individual licensed by the State to provide veterinary care, a student of veterinary medicine who works under the responsible direct supervision of a veterinary practitioner as defined by § 2–301(c) of the Agriculture Article, or a veterinary technician registered by the State under § 2–309 of the Agriculture Article;

(2) An individual who is licensed by this State to provide medical care;

(3) A member of any State, county, municipal, or volunteer fire department, ambulance and rescue squad, or law enforcement agency, or a corporate fire department;

(4) A volunteer fire department or ambulance and rescue squad whose members have immunity;

(5) A corporation when its fire department personnel are immune under item (3) of this subsection; and

(6) An individual employed or designated by a local government as an animal control officer while responding in the individual’s official capacity to a call in the community.

(b) A person is not civilly liable for any act or omission in giving any veterinary aid, care, or assistance to an animal where the owner or custodian of the animal is not available to grant permission if:

(1) The act or omission is not one of gross negligence;

(2) The veterinary aid, care, or assistance is provided without fee or other compensation from the owner or custodian of the animal; and

(3) The veterinary aid, care, or assistance is provided:

(i) At the scene of an emergency;

(ii) In transit to a veterinary facility; or

(iii) Through communications with licensed veterinary personnel providing emergency veterinary assistance.
Md. Code, Corporations and Associations § 5-328 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-328
§5–328.
Status: in_force

As to any local church in Garrett County that was affiliated formerly with the Evangelical United Brethren Church and that withdraws from the West Virginia United Methodist Conference, this part does not prevent the local church from retaining title to any assets controlled by it.
Md. Code, Public Safety § 5-312 — MD Code / Article gps / Title 5 / Subtitle 3 / Section 5-312
§5–312.
Status: in_force

(a) (1) A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request to appeal the decision of the Secretary to the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings within 10 days after receipt of written notice of the Secretary’s action.

(2) A person whose application for a permit or renewal of a permit is not acted on by the Secretary within 90 days after submitting the application to the Secretary may request a hearing before the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings.

(b) (1) Within 60 days after the receipt of a request under subsection (a) of this section from the applicant or the holder of the permit, the Office of Administrative Hearings shall schedule and conduct a de novo hearing on the matter, at which witness testimony and other evidence may be provided.

(2) Within 90 days after the conclusion of the last hearing on the matter, the Office of Administrative Hearings shall issue a written finding of facts and a decision.

(3) A party that is aggrieved by the decision of the Office of Administrative Hearings may appeal the decision to the circuit court.

(c) (1) Subject to subsection (b) of this section, any hearing and any subsequent proceedings of judicial review shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

(2) Notwithstanding paragraph (1) of this subsection, a court may not order the issuance or renewal of a permit or alter a limitation on a permit pending a final determination of the proceeding.

(d) (1) On or before January 1 each year, the Office of Administrative Hearings shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly the following information disaggregated by an applicant’s county of residence, race, ethnicity, age, and gender:

(i) the number of appeals of decisions by the Secretary that have been filed with the Office of Administrative Hearings within the previous year;

(ii) the number of decisions by the Secretary that have been sustained, modified, or reversed by the Office of Administrative Hearings within the previous year;

(iii) the number of appeals that are pending; and

(iv) the number of appeals that have been withdrawn within the previous year.

(2) On or before January 1 each year, the Secretary shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly the following information disaggregated by an applicant’s county of residence, race, ethnicity, age, and gender:

(i) the total number of permit applications that were submitted to the Secretary within the previous year;

(ii) the total number of permit applications that were granted by the Secretary within the previous year;

(iii) the total number of permit applications that were denied by the Secretary within the previous year;

(iv) the total number of permit applications that were revoked within the previous year; and

(v) the total number of permit applications filed with the Secretary that are pending at the time of the issuance of the report.
Md. Code, Family Law § 5-503 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) This section does not limit the powers of the Administration under this subtitle or the Department of Juvenile Services under Title 9 of the Human Services Article.

(b) An agent, officer, or representative of a Maryland corporation formed for the care, custody, or protection of minor children who has care or custody of a minor child has the authority and privileges of a law enforcement officer for any purpose related to the objectives of the corporation.

(c) (1) A person, including a person acting under claim or color of authority over a minor child as a parent, guardian, or otherwise, may not interfere with or obstruct an agent, officer, or representative described in subsection (b) of this section in relation to the care, custody, or protection of the minor child by the agent, officer, or representative.

(2) A person who violates this subsection is guilty of a misdemeanor.
Md. Code, Transportation § 5-401 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

In this subtitle, “establish or operate” includes plan, acquire, construct, equip, maintain, alter, enlarge, improve, reconstruct, repair, regulate, protect, or police.
Md. Code, Corporations and Associations § 5-105 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

(a) A domestic or foreign corporation may render professional services in the State only through individuals licensed or otherwise authorized in the State to render the professional services.

(b) Subsection (a) of this section does not:

(1) Require an individual employed by a professional corporation to be licensed to perform services for the corporation if a license is not otherwise required;

(2) Prohibit a licensed individual from rendering professional services in his individual capacity although he is a stockholder, director, officer, employee, or agent of a domestic or foreign professional corporation; or

(3) Prohibit an individual licensed in another state from rendering professional services for a domestic or foreign professional corporation in the State if not prohibited by the licensing unit in the State with jurisdiction over the professional service.
Md. Code, Health - General § 5-805 — MD Code / Article ghg / Title 5 / Subtitle 8 / Section 5-805
§5–805.
Status: in_force

(a) (1) Except as provided in paragraph (3) of this subsection, the Office of Health Care Quality shall review each death of an individual with developmental disabilities or with a mental illness who, at the time of death, resided in or was receiving services from any program or facility licensed or operated by the Developmental Disabilities Administration or operating by waiver under § 7–903(b) of this article, or any program approved, licensed, or operated by the Department under § 10–406 of this article or any program identified in § 10–713(a) of this article.

(2) The Office of Health Care Quality may not review the care or services provided in an individual’s private home, except to the extent needed to investigate a licensed provider that offered services at that individual’s home.

(3) Unless a member of the Committee requests a review, the Office of Health Care Quality may choose not to review a death if the circumstances, based on reasonable judgment, are readily explained and require no further investigation.

(b) Within 14 days of the completion of each investigation, the Office of Health Care Quality shall submit to the Committee its final report for each death.

(c) The Committee shall:

(1) Review each death report provided by the Office of Health Care Quality; or

(2) Appoint a subcommittee of at least four members, one of whom shall be a licensed physician or nurse, to review death reports and report and make recommendations to the full Committee.

(d) (1) On review of the death report, if the Committee or its subcommittee determines that further investigation is warranted, the Committee or subcommittee may request additional information, including consumer records, medical records, autopsy reports, and any deficiency statements and plans of correction.

(2) The Committee or subcommittee may choose to prepare questions for the provider, State residential center director, or other relevant person or may request the attendance of the provider, director, or other relevant person at a Committee or subcommittee meeting.

(3) Except as provided in paragraph (2) of this subsection, Committee members may not communicate directly with the provider, a State residential center director, a State psychiatric superintendent, or a family member or guardian of the individual who is the subject of a death report.
Md. Code, Family Law § 5-3A-37 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-37
§5–3A–37.
Status: in_force

If a petition to invalidate an order for adoption under this subtitle on the basis of a jurisdictional or procedural defect is filed more than 1 year after entry of the order, a court shall dismiss the petition.
Md. Code, Business Occupations and Professions § 5-205 — MD Code / Article gbo / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

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

(1) bylaws for the conduct of its proceedings;

(2) regulations for qualification and examination of applicants for licenses, registration, and permits and issuance of licenses, certificates of registration, and permits;

(3) regulations to govern the conduct of persons regulated under this title;

(4) regulations to govern sanitation and safety in practicing cosmetology, including regulations that establish precautions to prevent the spread of infectious and contagious diseases; and

(5) regulations to govern the direct supervision of the operation of limited practice beauty salons.

(b) (1) The Board shall adopt regulations that establish detailed curriculum standards for use by the State Board of Education or the Maryland Higher Education Commission in approving applications for instruction in the practice of cosmetology, the provision of esthetic services, the provision of eyelash extension services, the provision of hair services, and the provision of nail technician services at public schools or private career schools.

(2) The curriculum standards established under paragraph (1) of this subsection shall:

(i) incorporate modern methods and practices for:

1. practicing cosmetology;

2. providing esthetic services;

3. providing eyelash extension services;

4. providing hair services;

5. providing hair services – blow drying; and

6. providing nail technician services;

(ii) include a reference to each topic and the emphasis of each topic required of a comprehensive curriculum in the appropriate licensing area; and

(iii) be reviewed and updated periodically as determined by the Board.

(c) (1) The Board shall require a licensee renewing a license to complete at least six credit hours of continuing education approved by the Board.

(2) The Board shall adopt regulations that set standards for continuing education courses that, at a minimum, require:

(i) two hours of training in health, safety, and welfare subjects; and

(ii) four hours of training in general elective courses.
Md. Code, General Provisions § 5-869 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-869
§5–869.
Status: in_force

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

(b) (1) “Candidate” means an individual who files a certificate of candidacy for:

(i) election to the County Council; or

(ii) County Executive.

(2) “Candidate” includes an incumbent member of the County Council and an incumbent County Executive.

(c) “County Council” means the County Council of Anne Arundel County.

(d) “County Executive” means the County Executive of Anne Arundel County.
Md. Code, Transportation § 5-412 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-412
§5–412.
Status: in_force

(a) Except as otherwise provided by law, the Administration shall operate and administer all State-owned airports.

(b) Notwithstanding any other provision of law, the Administration may not enter into a contract for the provision of services at a State-owned airport that would result in the termination of State employees unless:

(1) The contract and all supporting information have been submitted to the Legislative Policy Committee for its review and comment; and

(2) Written comment from the Legislative Policy Committee has been received or 45 days have elapsed after the Legislative Policy Committee has received the contract.
Md. Code, Transportation § 5-407 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

Any power granted by this subtitle to the Administration may be exercised by the Administration jointly with the federal government, any other state, or any political subdivision or agency of this or any other state.
Md. Code, Education § 5-308 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: reserved

(a) Notwithstanding the provisions of Title 10, Subtitle 3 of the State Finance and Procurement Article, this State may not require reimbursement of debt service from a county for a school that:

(1) Was initially constructed on or before February 1, 1971;

(2) Is no longer used for school purposes;

(3) Has had title transferred to a county government; and

(4) Is being used for local governmental purposes other than public education; provided, however, that if a former school building is sold by a county government the State shall be reimbursed for outstanding debt service, and if more than 10 percent of usable space within a former school is rented for an amount exceeding the cost of operating and maintaining such space, such rental profit shall be used toward retiring outstanding bonded indebtedness.

(b) Subject to subsection (c) of this section, this State shall require reimbursement of outstanding debt service from a county for a school that:

(1) Was constructed under this subtitle;

(2) Was initially constructed or substantially altered by addition(s), alterations, or renovations and the cost of the construction at the time of execution exceeded $100,000 and the work was accomplished after February 1, 1971;

(3) Is no longer used for school purposes;

(4) Has had title transferred to a county government;

(5) Is being used for local governmental purposes by the State or a county or by any instrumentality of the State or a county other than public education; and

(6) Has outstanding debt which exceeds $5,000.

(c) (1) A county government is not required to reimburse the State for outstanding debt service for a school building that is transferred to the county government in accordance with subsection (b) of this section until 5 years after the school building is transferred.

(2) After the 5–year period in paragraph (1) of this subsection ends, the county government shall reimburse the State for outstanding debt service for a school building in the amount that the county government would have been required to pay when the school building was transferred to the county.
Md. Code, Human Services § 5-317 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-317
§5–317.
Status: in_force

(a) (1) The Secretary shall establish demonstration projects through grants to:

(i) nonprofit organizations;

(ii) local education agencies;

(iii) local management boards;

(iv) local health departments;

(v) religious organizations; and

(vi) institutions of higher education.

(2) The entities listed in paragraph (1) of this subsection shall jointly develop proposals for demonstration projects under this section with local departments.

(3) At least one of the demonstration projects under this section shall be located in a county other than the two counties with the largest numbers of FIP recipients.

(b) (1) The Secretary shall award grants for demonstration projects under this section through a competitive bid process that includes:

(i) the issuance of a request for proposals; and

(ii) the establishment of an evaluation panel to review competing proposals and to make a recommendation to the Secretary concerning which proposals have the greatest programmatic and financial merit.

(2) (i) Not more than 50% of the funds allocated for demonstration projects under this section may be allocated to a single demonstration project.

(ii) The funds allocated for demonstration projects under this section are incentive funds over and above any transfer of FIP benefits to a third party payee.

(3) Funds allocable to demonstration projects under paragraph (2) of this subsection shall, if feasible, be used for demonstration projects in the counties that generated the savings reallocated to demonstration projects under § 5-316(e) of this subtitle.

(4) When awarding grants under paragraph (1) of this subsection, the Secretary shall give priority in funding for at least 20% of the funds allocated to demonstration projects under this section to regional proposals from two or more counties in the State.

(5) Funds allocated to demonstration projects under this section may not be used in the furtherance of sectarian religious instruction or worship.

(c) In the request for proposals issued under subsection (b)(1)(i) of this section, the Secretary shall include requirements that:

(1) applicants specify what goods or services, or both, they will provide to participants; and

(2) each demonstration project:

(i) complement the local department FIP Plan; and

(ii) address specific, unmet local needs and barriers that prevent families from meeting the requirements of this subtitle.

(d) In addition to the demonstration projects funded under subsection (b) of this section, the Secretary shall encourage and facilitate demonstration projects that are supported through:

(1) the voluntary transfer of temporary cash assistance and food stamp benefits to the demonstration project;

(2) the transfer of administrative costs from the local department; and

(3) any nonstate funds available to the project.
Md. Code, Courts and Judicial Proceedings § 5-112 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-112
§5–112.
Status: in_force

No cause of action for damages accrues and a person may not seek contribution or indemnity for damages incurred for an error in a survey of land unless an action for damages is brought within 10 years of the survey, or within 3 years after the discovery of the error, whichever occurs first.
Md. Code, State Finance and Procurement § 5A-342 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-342
§5A–342.
Status: reserved

(a) Without a permit, a person may not excavate, remove, destroy, injure, deface, or disturb a terrestrial archaeological site on land that the State owns or controls.

(b) The Trust does not need a permit to do anything for which a permit is required under this section.

(c) The Trust may issue a permit to excavate a terrestrial archaeological site on land the State owns or controls to any person that the Trust determines is qualified to conduct an excavation to collect objects and materials of historical or archaeological value or interest.

(d) A terrestrial archaeological excavation may be conducted only to benefit a reputable museum, an institution of higher education, or another recognized scientific or historical institution or organization, so as to increase knowledge and appreciation of historical and archaeological objects and materials.

(e) The Trust may adopt regulations to ensure that objects and materials collected in a terrestrial archaeological excavation are properly safeguarded and preserved.

(f) The Director or the Director’s designee may enforce the provisions of this subtitle relating to terrestrial archaeological historic property in the same manner as provided in § 5A-341(i) of this subtitle for submerged archaeological historic property.
Md. Code, Courts and Judicial Proceedings § 5-5A-02 — MD Code / Article gcj / Title 5 / Subtitle 5A / Section 5-5A-02
§5–5A–02.
Status: in_force

(a) Except as otherwise provided by State law, a county and its officers and units may not raise the defense of sovereign immunity in a court of the State in a contract action based on a written contract executed on behalf of the county or its units by an official or employee acting within the scope of the official’s or employee’s authority.

(b) In a contract action described in subsection (a) of this section, a county and its officers and units are not liable for punitive damages.

(c) A claim is barred unless the claimant files suit within the later of 1 year after:

(1) The date on which the claim arose; or

(2) The date of completion of the contract that gave rise to the claim.

(d) The governing body of a county shall make available adequate money to satisfy any final judgment, after any right of appeal is exhausted, against the county or its officers or units in a contract action under this section.

(e) (1) A county may require, in connection with a construction contract to which the county is a party, that a dispute regarding the terms of or performance under the contract be subject to a final, binding determination by:

(i) A neutral person selected by, or under a procedure established by, the highest executive authority of the county; or

(ii) If the other party to the dispute does not accept as neutral the person selected under item (i) of this paragraph, an arbitration panel composed of:

1. One member designated by the highest executive authority of the county;

2. One member designated by the other party to the dispute; and

3. One member to be selected by mutual agreement of the two designated members from lists submitted by the parties to the dispute.

(2) Except as provided in paragraph (3) of this subsection, a county may not require, in connection with a construction contract to which the county is a party, that a dispute involving at least $10,000 regarding the terms of or performance under the contract be subject to a final, binding determination made by an officer or official body of the county.

(3) A county may require, in connection with a construction contract to which the county is a party, that questions of fact arising from a dispute involving at least $10,000 regarding the terms of or performance under the contract be subject to a determination by an officer or official body of the county if the decision of the officer or official body is subject to judicial review on the record.
Md. Code, Criminal Law § 5-702 — MD Code / Article gcr / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

(a) (1) This subsection applies to a person engaged in the business of selling prescription drugs, controlled dangerous substances, medicines, chemicals, or preparations for medical use or of compounding or dispensing these in accordance with physicians’ prescriptions.

(2) A person subject to this subsection may not knowingly sell or deliver to another a drug, medicine, chemical, or preparation for medicinal use that is recognized or authorized by the latest edition of the United States Pharmacopoeia and National Formulary or prepared according to the private formula of another that is:

(i) other or different from the prescription drug, controlled dangerous substance, medicine, chemical, or preparation that is ordered or called for by the person; or

(ii) except as authorized under § 12-504 of the Health Occupations Article, called for in a prescription of a physician or other authorized provider.

(b) Subsection (a) of this section applies to a person acting on the person’s own behalf or as an agent or employee of some other person.

(c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment of not less than 1 month and not exceeding 1 year or a fine of not less than $100 and not exceeding $500 or both.

(2) If a person convicted under this section holds a license under Title 12 of the Health Occupations Article, the license shall be revoked in accordance with § 12-313(c) of the Health Occupations Article.
Md. Code, Family Law § 5-1036 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1036
§5–1036.
Status: in_force

(a) Except as otherwise provided in this section, the court may award costs under this subtitle in accordance with the Maryland Rules.

(b) The court may order all or part of the costs to be paid by the county where the proceeding is instituted.

(c) The court may order any party to pay the costs of the proceeding.
Md. Code, Health - General § 5-1003 — MD Code / Article ghg / Title 5 / Subtitle 10 / Section 5-1003
§5–1003.
Status: in_force

(a) The State team shall:

(1) Meet at least quarterly to review suicide deaths, consistent with the requirements of this subtitle;

(2) Make determinations regarding:

(i) The following issues related to individuals at risk for suicide:

1. Trends;

2. Risk factors;

3. Current best practices in suicide prevention;

4. Lapses in systemic responses; and

5. Barriers to safety and well–being; and

(ii) Strategies for the prevention of suicide deaths;

(3) Report at least annually to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:

(i) The State team’s activities; and

(ii) The State team’s recommendations on:

1. Changing any law or policy in a manner that would promote the prevention of suicide deaths; and

2. Improving the availability of sources of information relating to the investigation of reported suicide fatalities;

(4) Undertake annual statistical studies of:

(i) The incidents and causes of suicide mortality in the State; and

(ii) Trends and patterns of suicide deaths in the State; and

(5) Disseminate findings and recommendations based on the studies conducted under item (4) of this subsection to policymakers, health care providers, health care facilities, and the public.

(b) The State team may periodically make available, in a general manner that does not reveal confidential information about individual cases, only the aggregate findings of the State team’s reviews and their recommendations for preventive actions.
Md. Code, Natural Resources § 5-217 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-217
§5–217.
Status: in_force

A person may not dispose of raw sludge sewage on State park land or State forest land, unless the disposal is part of a program designed and operated by the Department of Natural Resources or the Department of the Environment.
Md. Code, Family Law § 5-3B-18 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-18
§5–3B–18.
Status: in_force

A court may not enter an order for adoption under this subtitle until expiration of the revocation period.
Md. Code, Health - General § 5-308 — MD Code / Article ghg / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

(a) (1) A medical examiner shall investigate the death of a human being if the death occurs:

(i) By violence;

(ii) By suicide;

(iii) By casualty;

(iv) Suddenly, if the deceased was in apparent good health or unattended by a physician; or

(v) In any suspicious or unusual manner.

(2) A medical examiner shall investigate the death of a human fetus if:

(i) Regardless of the duration of the pregnancy, the death occurs before the complete expulsion or extraction of the fetus from the mother; and

(ii) The mother is not attended by a physician at or after the delivery.

(b) If a medical examiner’s case occurs, the police or sheriff immediately shall notify the medical examiner and State’s Attorney for the county where the body is found and give the known facts concerning the time, place, manner, and circumstances of the death.

(c) Immediately on notification that a medical examiner’s case has occurred, the medical examiner or an investigator of the medical examiner shall go to and take charge of the body. The medical examiner or the investigator shall investigate fully the essential facts concerning the medical cause of death and, before leaving the premises, reduce these facts and the names and addresses of witnesses to writing, which shall be filed in the medical examiner’s office.

(d) The medical examiner or the investigator shall take possession of and deliver to the State’s Attorney or the State’s Attorney’s designee any object or article that, in the opinion of the medical examiner or the investigator, may be useful in establishing the cause of death.

(e) (1) If the next of kin of the deceased is not present at the investigation, the police officer or sheriff at the investigation or, if a police officer or sheriff is not present, the medical examiner or the investigator shall:

(i) Take possession of all property of value found on the body;

(ii) In the report of the death, make an exact inventory of the property; and

(iii) Deliver the property to the appropriate sheriff or police department.

(2) The sheriff or police department shall surrender the property to the person who is entitled to its possession or custody.

(f) (1) If the case involves the unexpected death of a child, the medical examiner shall notify the chairperson of the local child fatality review team for the county in which the child resided.

(2) If the case involves the death of a child and the death is believed to be caused by abuse or neglect, or there is evidence suggesting that the child was a victim of abuse or neglect, the Office of the Chief Medical Examiner shall orally report the findings and deliver a copy of the child’s final autopsy report to the local department of social services and the local law enforcement agency of the county in which the child last resided in accordance with § 5–704 of the Family Law Article.
Md. Code, Economic Development § 5-1006 — MD Code / Article gec / Title 5 / Subtitle 10 / Section 5-1006
§5–1006.
Status: in_force

(a) There is a Uniformed Services Personnel and Veteran–Owned Small Business No–Interest Loan Fund.

(b) The purpose of the Fund is to provide no–interest loans consistent with this subtitle.

(c) The Secretary shall administer the Fund.

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

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

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

(e) The Fund consists of:

(1) money the State appropriates to the Fund;

(2) money made available to the Fund through federal programs or private contributions;

(3) repayments from loans provided by the Department under this subtitle;

(4) proceeds from the sale, disposition, lease, or rental of collateral related to loans provided by the Department under this subtitle; and

(5) any other money made available to the Fund.

(f) The Department may use money in the Fund to provide loans to eligible applicants under §§ 5–1002 through 5–1004 of this subtitle.
Md. Code, Economic Development § 5-315 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-315
§5–315.
Status: in_force

In accordance with § 2.5–109 of this article, the Department shall report on the number, amount, use, and economic benefits of financial assistance provided under this subtitle.
Md. Code, Education § 5-412 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-412
§5–412.
Status: in_force

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

(2) “CTE Committee” means the Career and Technical Education Committee established under § 21–207 of this article.

(3) “Program” means the CTE Expert Review Team Program.

(b) (1) The CTE Committee shall establish, administer, and supervise a CTE Expert Review Team Program for schools with career and technical education programs and pathways.

(2) Subject to the provisions of this subsection, the program will have the same purpose, structure, training, and reporting requirements as the Expert Review Team Program established by the Department under § 5–411 of this subtitle.

(3) (i) The CTE Committee shall select the members of CTE Expert Review Teams in the Program.

(ii) The CTE Committee shall select CTE Expert Review Team members who, to the extent practicable, reflect the geographic, racial, ethnic, linguistic, and gender diversity of the population of the public school students, from the following groups:

1. Highly regarded career and technical education teachers who are represented by teachers’ organizations that, for purposes of collective bargaining, represent a majority of teachers in the State or in a local school system;

2. School leaders;

3. Employers;

4. Trade unions; and

5. Apprenticeship and internship sponsors.

(4) During a school visit, a CTE Expert Review Team shall conduct interviews, observe classes, and use other data to:

(i) Determine whether student progress is insufficient toward successful completion of the CTE pathway; and

(ii) Develop recommendations, measures, and strategies to address the issues identified by the CTE Expert Review Team.

(5) After a CTE Expert Review Team issues a report, the school, the county board, the employers, and apprenticeship or internship sponsors shall:

(i) Review the report and recommendations; and

(ii) If necessary, submit a plan to the CTE Committee addressing the recommendations in the report.

(6) (i) Beginning on July 1, 2022, and ending July 1, 2031, the CTE Committee shall develop and submit to the Board, for approval, a plan to deploy the CTE Expert Review Teams in the following school year.

(ii) Subject to the Board’s approval, the CTE Committee shall schedule CTE Expert Review Team school visits in a manner designed to provide the CTE Committee and the Department with sufficient information to make informed decisions on the release of school funds conditioned on student performance, including adequate time for a school to respond to an Expert Review Team’s report and recommendations before decisions are made regarding the retaining of school funds.
Md. Code, Family Law § 5-515 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-515
§5–515.
Status: in_force

Subject to the hearing provisions of § 5-516 of this subtitle, if a licensee violates any provision of this subtitle or of a rule or regulation adopted under this subtitle, the Administration may:

(1) suspend the license for a period not exceeding 1 year; or

(2) revoke the license.
Md. Code, Criminal Law § 5-303 — MD Code / Article gcr / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

(a) Unless the Department determines that the issuance of the registration is inconsistent with the public interest, the Department shall register an applicant to manufacture or distribute controlled dangerous substances included in Schedule I through Schedule V.

(b) To determine the public interest, the Department shall consider:

(1) the maintenance of effective controls against diversion of particular controlled dangerous substances and any Schedule I or Schedule II substance compounded from a controlled dangerous substance into other than legitimate medical, scientific, or industrial channels;

(2) compliance with applicable federal, State, and local law;

(3) any convictions of the applicant under federal, State, and local laws relating to the manufacture, distribution, or dispensing of controlled dangerous substances;

(4) the applicant’s experience in the manufacture and distribution of controlled dangerous substances and the effectiveness of the applicant’s controls against diversion; and

(5) any other factor that is relevant to and consistent with public health and safety.

(c) (1) A registrant may manufacture or distribute only a controlled dangerous substance that is specified in the registration.

(2) A manufacturer or distributor who complies with federal law on registration, other than fees, is deemed to have complied with this section.

(d) (1) A registrant may distribute controlled dangerous substances in Schedule I and Schedule II only in accordance with an order form.

(2) A registrant who complies with federal law on order forms for Schedule I and Schedule II is deemed to have complied with this subsection.

(e) (1) A registrant distributor shall report to the Department and the Office of the Attorney General any suspicious order of controlled dangerous substances, including an order:

(i) of unusual size;

(ii) of unusual frequency; or

(iii) that deviates substantially from a normal pattern.

(2) A registrant distributor may satisfy the reporting requirement under paragraph (1) of this subsection by providing to the Department and the Office of the Attorney General copies of reports made under 21 C.F.R. § 1301.74(b).

(3) Unless disclosed in the course of an administrative, civil, or criminal investigation or proceeding initiated to enforce local, State, or federal law or to protect the public health, a report made under paragraph (1) of this subsection shall be maintained confidentially.
Md. Code, Transportation § 5-1007 — MD Code / Article gtr / Title 5 / Subtitle 10 / Section 5-1007
§5–1007.
Status: in_force

(a) A person may not operate an aircraft towing an advertisement for promotional purposes in violation of applicable federal aviation regulations that relate to altitude or horizontal radius over any public or private sporting arena in Baltimore City.

(b) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,500.
Md. Code, Education § 5-310.1 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-310.1
§5–310.
Status: in_force

§5–310.1.

(a) The Interagency Commission shall adopt facility mapping standards for the uniform mapping of the physical attributes of public schools in the State.

(b) Local school systems shall:

(1) Cooperate with the Interagency Commission in the development of uniform mapping standards; and

(2) Contribute data as requested by the Interagency Commission.
Md. Code, Economic Development § 5-335 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-335
§5–335.
Status: in_force

(a) There is a Brownfields Revitalization Incentive Program in the Department.

(b) The Department shall develop a program of financial assistance, including low-interest loans and grants, to assist persons who participate in the Brownfields Revitalization Incentive Program.
Md. Code, Public Safety § 5-203 — MD Code / Article gps / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) A person may not possess a short–barreled rifle or short–barreled shotgun unless:

(1) the person, while on official business is:

(i) a member of the law enforcement personnel of the federal government, the State, or a political subdivision of the State;

(ii) a member of the armed forces or the National Guard while on duty or traveling to or from duty;

(iii) a member of the law enforcement personnel of another state or a political subdivision of another state, while temporarily in this State;

(iv) a warden or correctional officer of a correctional facility in the State; or

(v) a sheriff or a temporary or full–time deputy sheriff; or

(2) the short–barreled shotgun or short–barreled rifle has been registered with the federal government in accordance with federal law.

(b) In a prosecution under this section, the defendant has the burden of proving the lawful registration of the short-barreled shotgun or short-barreled rifle.

(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 $5,000 or both.
Md. Code, Corporations and Associations § 5-133 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-133
§5–133.
Status: in_force

This subtitle may be cited as the Maryland Professional Service Corporation Act.
Md. Code, Transportation § 5-103 — MD Code / Article gtr / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) The law of this State defines and governs all crimes, torts, and other wrongs committed in flight over this State.

(b) All contractual and other legal relations entered into by any person while in flight over this State have the same effect as if entered into on the land or water beneath.
Md. Code, Environment § 5-5B-03 — MD Code / Article gen / Title 5 / Subtitle 5B / Section 5-5B-03
§5–5B–03.
Status: in_force

It is the policy of the State of Maryland to:

(1) Encourage investment in cost-effective measures that improve the efficiency with which water is used, treated, stored, and transmitted in the State;

(2) Reduce costs associated with treating, storing, and transmitting water; and

(3) Protect the State’s natural resources, including the fish and wildlife of the Potomac River, the Chesapeake Bay, and all other waters and waterways of the State.
Md. Code, Transportation § 5-416 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-416
§5–416.
Status: in_force

(a) As provided in this section, a political subdivision of this State, whether acting alone or jointly with another political subdivision, may:

(1) Establish or operate any airport, airport facility, or air navigation facility; and

(2) For this purpose, use any suitable property owned or controlled by the political subdivision.

(b) An airport or facility may be established under this section:

(1) By a county, only within its boundaries or the boundaries of any other county with which it is acting jointly; and

(2) By Baltimore City or a municipal corporation, either within or without its boundaries.
Md. Code, Environment § 5-10A-03 — MD Code / Article gen / Title 5 / Subtitle 10A / Section 5-10A-03
§5–10A–03.
Status: in_force

If the owner or operator of a junkyard, automotive dismantler and recycler facility, scrap metal processing facility, or automobile graveyard that produces, collects, retains, dumps, or deposits trash, junk, or other refuse has not erected retaining walls or other restraining devices or procedures approved by the Administration, the presence of trash, junk, automobiles, or automobile parts in waters of the State, or on embankments or other sites where it may readily fall into or be transported into the waters of the State, is prima facie evidence of a violation of § 5-10A-02 of this subtitle.
Md. Code, Family Law § 5-1014 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1014
§5–1014.
Status: in_force

(a) When a complaint is filed under this subtitle, the court may issue, to assure the appearance of the defendant at trial:

(1) a summons for the appearance of the defendant; or

(2) a warrant for the arrest of the defendant.

(b) (1) The summons shall state the time and place for the defendant to appear at trial.

(2) If the defendant fails to appear as directed in the summons, the court may issue, at any time, a warrant for the defendant’s arrest.

(c) The arrest warrant shall direct any officer of this State who is authorized to execute warrants to bring the defendant before the court to answer and have the matters in the complaint adjudicated.

(d) (1) If a defendant is arrested under a warrant, the defendant shall be taken before:

(i) the court that issued the warrant; or

(ii) a commissioner of the District Court.

(2) The court or commissioner shall set bond for the defendant. The bond shall be conditioned on:

(i) the defendant’s appearance in the issuing court on the date and at the time specified in the warrant; and

(ii) the defendant’s obedience to any order of the court in the proceedings.

(3) The court or commissioner may require on the bond the securities or sureties the court or the commissioner considers appropriate.

(4) If the defendant does not give bond, the court or commissioner shall order the defendant imprisoned in the city or county jail until bond is given or until the issuing court discharges the defendant.
Md. Code, Courts and Judicial Proceedings § 5-1001 — MD Code / Article gcj / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: in_force

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

(b) (1) “Administrative remedy” means any procedure for review of a prisoner’s complaint or grievance, including judicial review, if available, that is provided by the Department, the Division of Correction, or any county or other municipality or political subdivision, and results in a written determination or disposition.

(2) “Administrative remedy” includes a proceeding under Title 10, Subtitle 2 of the State Government Article or Title 10, Subtitle 2 of the Correctional Services Article.

(c) (1) “Civil action” means a legal action seeking money damages, injunctive relief, declaratory relief, or any appeal filed in any court in the State that relates to or involves a prisoner’s conditions of confinement.

(2) “Civil action” includes:

(i) An appeal of an administrative remedy to any court;

(ii) A petition for mandamus against the prisoner’s custodian, its officers or employees, or any official or employee of the Department;

(iii) Any tort claim against a custodian, the custodian’s officers or employees, or any employee or official of the Department;

(iv) Any action alleging a violation of civil rights against a custodian, the custodian’s officers and employees, or any official or employee of the Department; or

(v) Any appeal, application for leave to appeal, or petition for certiorari.

(3) “Civil action” does not include a postconviction petition or petition for habeas corpus relief.

(d) “Conditions of confinement” means any circumstance, situation or event that involves a prisoner’s custody, transportation, incarceration, or supervision.

(e) “Custodian” means the institution or agency that has custody of the prisoner.

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

(g) (1) “Prisoner” means a person who is in the custody of the Department or a local detention center.

(2) “Prisoner” includes pretrial detainees.
Md. Code, General Provisions § 5-104 — MD Code / Article ggp / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section and in § 5–871 of this title, this title shall be administered and implemented by the Ethics Commission.

(b) The Joint Ethics Committee, acting as an advisory body, shall administer and implement Subtitle 5 of this title as it applies to members of the General Assembly.

(c) The Commission on Judicial Disabilities, the Judicial Ethics Committee, or another body designated by the Supreme Court of Maryland, acting as an advisory body, shall administer and implement Subtitles 5 and 6 of this title as those subtitles apply to State officials of the Judicial Branch.
Md. Code, Corporations and Associations § 5-322 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-322
§5–322.
Status: in_force

A religious corporation subject to this part may be incorporated only in conformity with the discipline of the United Methodist Church, as authorized and declared by the general conference of that church.
Md. Code, Financial Institutions § 5-604 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

After the Commissioner takes possession of a banking institution, the Commissioner promptly shall give notice of that fact to:

(1) Each person who has any asset of the institution; and

(2) The general public, by notice published in an appropriate newspaper.
Md. Code, State Personnel and Pensions § 5-203 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

Except as provided in § 5–209 of this subtitle, in addition to any right to file an employment discrimination complaint with the Commission on Civil Rights, with the Equal Employment Opportunity Commission, or in court, an employee may elect to pursue an allegation of employment discrimination under the complaint resolution procedures of this subtitle.
Md. Code, Education § 5-312 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-312
§5–312.
Status: in_force

(a) In this section, “high performance building” has the meaning stated in § 3–602.1 of the State Finance and Procurement Article.

(b) This section applies to the construction of new schools that have not initiated a Request For Proposal for the selection of an architectural and engineering consultant on or before July 1, 2009.

(c) Except as provided in subsection (d) of this section, a new school that receives State public school construction funds shall be constructed to be a high performance building.

(d) (1) The Interagency Commission shall establish a process to allow a school system to obtain a waiver from complying with subsection (c) of this section.

(2) The waiver process shall:

(i) Include a review by the Interagency Commission to determine if the construction of a high performance building is not practicable; and

(ii) Require the approval of a waiver by the Interagency Commission.

(e) For fiscal years 2010 through 2014 only, the State shall pay 50% of the local share of the extra costs, identified and approved by the Interagency Commission, that are incurred in constructing a new school to meet the high performance building requirements of this section.

(f) The Interagency Commission shall adopt regulations to implement the requirements of this section.
Md. Code, Natural Resources § 5-1015 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1015
§5–1015.
Status: in_force

(a) On presentation of a valid veteran identification card, a driver’s license that indicates the license holder is a veteran, or any other form of identification accepted by the Department that establishes the holder’s veteran status:

(1) A veteran may enter a State park without paying any day–use entry fee that has been established; and

(2) A vehicle of which a veteran is an occupant may enter a State park without paying any per–vehicle fee that has been established.

(b) This section does not exempt a veteran or other individual from paying any other facility use services fees not described in subsection (a) of this section.
Md. Code, State Personnel and Pensions § 5-401 — MD Code / Article gsp / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

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

(2) “State facility” has the meaning stated in § 8–306(a) of the State Government Article.

(3) “Unit” means a unit of the Executive Branch of State government.

(b) If a traumatic event occurs in a State facility of a unit and results in the death of an individual, the unit shall obtain mental health support services for any employee of the unit affected by the traumatic event.

(c) The services required under this section shall be provided within 48 hours after the traumatic event occurs.
Md. Code, Economic Development § 5-901 — MD Code / Article gec / Title 5 / Subtitle 9 / Section 5-901
§5–901.
Status: in_force

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

(b) (1) “Dredged material” means material that is dredged from the Chesapeake Bay or its tributaries.

(2) “Dredged material” includes sand, silt, sediment, shell, rock, soil, and waste matter.

(c) “Dredged material reuse facility” means a facility that dewaters, analyzes for contaminants, dries, and processes dredged material for reuse.

(d) “Program” means the Dredged Material Disposal Alternatives Program under this subtitle.

(e) “Reuse” means the recycling of dredged material for use in another product, including commercial and industrial uses.
Md. Code, Natural Resources § 5-711 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-711
§5–711.
Status: in_force

Every engine or boiler, operated in, through, or near forest or brush which does not burn oil as fuel, shall be provided with any appliance approved by the Department to prevent escape of fire and sparks. Any person who violates this section is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction is subject to a fine of at least $10 and not exceeding $100.
Md. Code, Agriculture § 5-408 — MD Code / Article gag / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

A person who fails to comply with the requirements of an order served under § 5–406 of this subtitle is guilty of a misdemeanor and on conviction is subject to:

(1) For a first offense, a fine not exceeding $1,000; and

(2) For a second or subsequent offense, a fine not exceeding $5,000.
Md. Code, Corporations and Associations § 5-511 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-511
§5–511.
Status: reserved

(a) Within 30 days after the Department accepts for record the articles of incorporation of a cooperative or the articles of amendment and restatement of a corporation converting into a cooperative, the cooperative shall adopt bylaws not inconsistent with law or its charter for the regulation and management of its affairs.

(b) The bylaws of a cooperative may be adopted, altered, amended, or repealed only by the affirmative vote of two thirds of the members voting in person or by mail.

(c) The original or a certified copy of the bylaws and all amendments shall be kept at the principal office of the cooperative.
Md. Code, Economic Development § 5-505 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

There is a Maryland Small Business Development Financing Authority in the Department.
Md. Code, Family Law § 5-534 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-534
§5–534.
Status: in_force

(a) (1) In this section, “kinship caregiver” means an individual:

(i) with whom a child who is in the care, custody, or guardianship of the local department may be placed for temporary or long–term care other than adoption; and

(ii) who is approved by the local department under subsection (e) of this section.

(2) “Kinship caregiver” includes:

(i) a kinship parent;

(ii) an individual who is related to the child through blood or marriage, adoption, tribal law or custom, or cultural custom or practice; and

(iii) an individual who is unrelated to the child but has a strong familial or other significant bond with the child, or is a person identified by the child’s parent.

(b) The Secretary of Human Services shall establish and maintain a kinship care program.

(c) (1) In selecting a placement that is in the best interests of a child in need of out–of–home placement, in the absence of good cause to the contrary, the local department shall give preference to placement with a kinship caregiver.

(2) The local department shall exhaust all reasonable resources to make proactive, thorough, and timely efforts to locate a kinship caregiver for initial placement of the child.

(3) If the local department cannot locate a kinship caregiver at the time of the initial placement, then preference shall be given to a placement that most approximates a family in which the child’s special needs, if any, may be met, taking into account the following:

(i) the proximity of the placement to the child’s home, extended family, or siblings;

(ii) the child’s culture or language continuity;

(iii) the child’s age; and

(iv) the child’s developmental and educational needs.

(4) If a kinship caregiver is located subsequent to the placement of a child in a foster care setting, the local department shall, in the best interest of the child, place the child with the kinship caregiver.

(d) A kinship caregiver may not be under the age of 18 years.

(e) (1) The local department shall approve an individual as a kinship caregiver if:

(i) the individual is related to the child through blood or marriage, adoption, tribal law or custom, or cultural custom or practice;

(ii) the individual has a strong familial or other significant bond to the child or the child’s family or is a person identified by the child’s parent; and

(iii) placement with the individual is in the child’s best interest.

(2) A prospective kinship caregiver shall provide to the local department any information the local department requests to enable the local department to determine whether the individual meets the criteria specified in paragraph (1) of this subsection.

(f) The Administration shall adopt regulations and policies consistent with this section.
Md. Code, Health Occupations § 5-207 — MD Code / Article gho / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

A person shall have immunity from the liability described under § 5–719 of the Courts Article for giving information to the Board or otherwise participating in its activities.
Md. Code, Corporations and Associations § 5-305 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

If a church forms a religious corporation, any assets held in trust for the church by any person shall be conveyed immediately to the religious corporation.
Md. Code, General Provisions § 5-714.1 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-714.1
§5–714.
Status: in_force

§5–714.1.

(a) A regulated lobbyist may report to the Ethics Commission that a member of the General Assembly violated the antiharassment policy and procedures of the General Assembly.

(b) If a report is made under subsection (a) of this section, the Ethics Commission shall refer the report to the Joint Ethics Committee.
Md. Code, Transportation § 5-504 — MD Code / Article gtr / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

(a) A person may not, in violation of this subtitle or any regulation adopted under it:

(1) Establish or construct any new structure;

(2) Make any new use of any existing structure or land;

(3) Substantially alter any existing structure or use of land; or

(4) As to any tree or other vegetation:

(i) Plant or replant any of such a height as to be an airport hazard;

(ii) Allow any to grow to such a height as to be an airport hazard; or

(iii) Even if it is nonconforming, allow any that is an existing airport hazard to grow any higher.

(b) If any person violates any provision of this section, the Administration, in addition to any other remedy, may institute any appropriate judicial action to prevent, restrain, correct, or abate the unlawful action or condition.
Md. Code, Public Safety § 5-606 — MD Code / Article gps / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

(a) (1) A final extreme risk protective order may be modified or rescinded during the term of the extreme risk protective order after:

(i) giving notice to all affected persons and the respondent; and

(ii) a hearing.

(2) For good cause shown, a judge may extend the term of a final extreme risk protective order for 6 months beyond the period specified in § 5–605(f) of this subtitle after:

(i) giving notice to all affected persons and the respondent; and

(ii) a hearing.

(3) (i) If, during the term of a final extreme risk protective order, a petitioner files a motion to extend the term of the order under paragraph (2) of this subsection, the court shall hold a hearing on the motion within 30 days after the motion is filed.

(ii) If the hearing on the motion is scheduled after the original expiration date of the final extreme risk protective order, the court shall extend the order and keep the terms of the order in full force and effect until the hearing on the motion.

(b) (1) If a District Court judge grants or denies a petition filed under this subtitle, a respondent or a petitioner may appeal to the circuit court for the county in which the District Court is located.

(2) An appeal taken under this subsection to the circuit court shall be heard de novo in the circuit court not later than 60 days after the date the appeal is filed.

(3) (i) If an appeal is filed under this subsection, the District Court judgment shall remain in effect until superseded by a judgment of the circuit court.

(ii) Unless the circuit court orders otherwise, modification or enforcement of the District Court order shall be by the District Court.
Md. Code, Natural Resources § 5-102.1 — MD Code / Article gnr / Title 5 / Subtitle 1 / Section 5-102.1
§5–102.
Status: in_force

§5–102.1.

(a) (1) In this section, the term “forestry” includes activities prescribed by a licensed professional forester in accordance with § 7–101 of the Business Occupations and Professions Article.

(2) “Forestry” does not include the clearing of land as a prelude to a change in the use of land.

(b) Forestry, as prescribed by a person licensed as a forester under Title 7 of the Business Occupations and Professions Article and in accordance with accepted silvicultural principles, as defined by the Society of American Foresters, constitutes a traditional, fundamental, beneficial, and desirable use of the State’s forest resource. Forestry is an important land management tool that contributes significantly to the economy of the State by the support of a vital forest products industry, as well as to the health of forests and their wildlife, water quality, and recreational benefits by the sustainment of forest productivity and wildlife habitats.

(c) In Maryland, forestry, including the harvest and transport of forest products, is often carried out in close proximity to populated areas. Other than development for more intensive uses, this harvest of timber may represent a major source of income for the profitable use of private property.

(d) (1) Retention, management, and expansion of the State’s forested resources are critical to the health and vitality of the Chesapeake Bay watershed, rural Maryland, and forest resource–based industries.

(2) It is the intent of this subsection to:

(i) Encourage forestry practices in local comprehensive plans developed in accordance with Title 1, Subtitle 4 or Title 3 of the Land Use Article; and

(ii) To express the General Assembly’s intent that local planning and zoning restrictions that impact silvicultural practices may not be more stringent than restrictions imposed by State law and regulation.

(e) Since it is in the State and public interests to preserve the forest land base and other natural resources, a local government with planning and zoning powers shall support forestry by a reasonable exercise of these powers, including the consideration, development, and interpretation of planning and zoning requirements that beneficially impact the efficient and economic practice of forestry in a manner consistent with the local government’s implementation of the visions listed in § 1–201 of the Land Use Article.