Md. Code, Education § 5-230 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-230
§5–230.
Status: in_force

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

(2) “Accreditation” means the determination that a program meets quality standards defined by the accrediting agency beyond State child care regulations.

(3) “Accrediting agency” means a State agency or national organization that has developed a recognized accrediting process.

(4) “Credentialing” means the process through which an individual is awarded a professional certificate based on education and experience.

(5) “Early Childhood Education Enhancement Grant” means a grant that is distributed under subsection (f) of this section.

(6) “Full day” means a period of time during the day that:

(i) Meets the needs of families; and

(ii) Is not less than 7 hours or more than 12 hours per day.

(7) “Judy Center” means a site where comprehensive early childhood education services are provided to young children and their families for the purpose of promoting school readiness through collaboration with participating agencies and programs.

(8) “Judy Center Grant” means a grant that is distributed under subsection (d) of this section.

(9) “Local management board” means a local management board as defined under § 8–101(l) of the Human Services Article.

(10) “Participating agencies and programs” includes:

(i) Public prekindergarten and kindergarten programs;

(ii) Head Start programs;

(iii) Family literacy programs and services;

(iv) Local infants and toddlers programs;

(v) Child care centers and family child care homes;

(vi) Family support centers;

(vii) Healthy family sites;

(viii) Parent involvement programs;

(ix) Early childhood programs affiliated with institutions of higher education; and

(x) Other home visiting, community health, family support services, and child care resource and referral agencies.

(11) “Preschool Services Grant” means a grant that is distributed under subsection (e) of this section.

(12) “Program” means the Judith P. Hoyer Early Childhood Education Enhancement Program established under this section.

(b) (1) There is a Judith P. Hoyer Early Childhood Education Enhancement Program in the Department.

(2) The purpose of the Program is to promote school readiness through the development and expansion of collaborative approaches to the delivery of high quality, comprehensive, full–day early childhood education programs and family support services.

(c) (1) The Program shall be funded as provided in the State budget.

(2) Funds that are allocated to the Program in the State budget may be used:

(i) To cover the costs incurred by the Department in implementing and administering the Program;

(ii) For Judy Center Grants:

1. As provided under subsection (d) of this section; and

2. If the Department awards multiyear funding under subsection (h) of this section, for planning and development of a Judy Center in the first year of multiyear funding;

(iii) For Preschool Services Grants, as provided under subsection (e) of this section;

(iv) For Early Childhood Education Enhancement Grants, as provided under subsection (f) of this section; and

(v) To fund the statewide implementation of the Department’s Early Childhood Assessment System, as provided under subsection (g) of this section.

(3) (i) For each of fiscal years 2021 through 2025, the State shall provide funding for 9 additional Judy Centers per year.

(ii) For each of fiscal years 2026 through 2030, the State shall provide funding for 18 additional Judy Centers per year.

(iii) The Governor shall appropriate, in each of fiscal years 2021 through 2030, $330,000 for each additional Judy Center required under this paragraph.

(iv) The State shall prioritize increasing the number of Judy Centers in communities with Title I schools.

(d) The Department may distribute a Judy Center Grant to a county board if the county board submits an application to the Department that includes:

(1) A memorandum of understanding between the county board, the participating agencies and programs, and, in the discretion of the county board, the local management board that includes:

(i) The terms of the collaboration to be undertaken by the county board, the participating agencies and programs, and, if applicable, the local management board, including the roles and responsibilities of each of these entities; and

(ii) A plan for establishing ongoing communication between private service providers and public school early education programs; and

(2) Documentation that shows that:

(i) The Department’s Early Childhood Assessment System will be implemented at the Center;

(ii) All participating agencies and programs that provide early childhood education services through the Center have voluntarily obtained accreditation or, by the date of the Grant application, have voluntarily initiated and are actively pursuing the process of obtaining accreditation; and

(iii) The Center will provide comprehensive, full–day early childhood education services and family support services.

(e) (1) The Department may distribute a Preschool Services Grant to be used to provide prekindergarten services for 4–year–old children whose birthdays fall on or before September 1 of the school year during which services will be provided and whose family income is below a level set by the Department.

(2) Private providers that have voluntarily obtained accreditation or have voluntarily initiated and are actively pursuing accreditation by the date of the grant application must obtain accreditation before receiving a grant award.

(f) The Department may distribute an Early Childhood Education Enhancement Grant to a private provider of early childhood education services to be used:

(1) To assist the provider in voluntarily obtaining accreditation; or

(2) For professional development activities leading to increased competency and appropriate credentialing that is related to early childhood education services.

(g) The Department may distribute funds to a county board for the purpose of implementing the Department’s Early Childhood Assessment System in the county’s public schools.

(h) (1) The Department shall:

(i) Establish application procedures for obtaining Judy Center Grants, Preschool Services Grants, and Early Childhood Education Enhancement Grants as provided under this section;

(ii) Supervise and monitor the use of Grant funds distributed under this section; and

(iii) Evaluate whether Grant recipients are meeting annual benchmarks established by the Department.

(2) For Judy Center Grants, the Department may award multiyear funding.

(i) A county board that is selected to receive a Judy Center Grant or a private provider that has been selected for a Preschool Services Grant or an Early Childhood Education Enhancement Grant shall:

(1) Administer the Grant award;

(2) Submit fiscal and program reports as required by the Department; and

(3) Coordinate the involvement of participating agencies and programs in any evaluation process conducted by the Department.

(j) Grants awarded under this section may not be used:

(1) To supplant existing funding for any services provided by participating agencies and programs; or

(2) For capital improvements.

(k) The Department shall conduct an evaluation process to measure the effectiveness of:

(1) The Judy Centers; and

(2) Early childhood education services and family support services that are purchased with funds from Preschool Services Grants and Early Childhood Education Enhancement Grants.

(l) On or before November 1 each year, the Department shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report on the implementation of the Program and the participating agencies and programs, including a description of the Program’s and the participating agencies’ and programs’ expenditures, enrollment, and statewide performance data, including school readiness data disaggregated by program and by jurisdiction.

(m) The Department may adopt regulations as necessary to implement the Program.
Md. Code, Courts and Judicial Proceedings § 5-611 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-611
§5–611.
Status: in_force

A federal law enforcement officer who exercises the powers set forth under § 2-104 of the Criminal Procedure Article has the same legal status and immunity from suit as a State Police officer.
Md. Code, State Personnel and Pensions § 5-201 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

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

(b) “Coordinator” means the Equal Employment Opportunity Coordinator.

(c) “Program” means the Equal Employment Opportunity Program established under this subtitle.

(d) “Unit” means a unit of the Executive Branch of State government.
Md. Code, Public Utilities § 5-411 — MD Code / Article gpu / Title 5 / Subtitle 4 / Section 5-411
§5–411.
Status: in_force

A water company may acquire by condemnation, in accordance with Title 12 of the Real Property Article, any land or water rights that the company is authorized to acquire to lay pipes or construct its work, if:

(1) the company cannot agree with the owner of the land or water rights; or

(2) an owner:

(i) is a minor, is adjudged to be mentally incompetent, or is under any other legal disability to contract; or

(ii) when the company needs the land or water rights, is absent from the county or city in which the property is located.
Md. Code, Criminal Law § 5-618 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-618
§5–618.
Status: in_force

(a) Except as authorized in this title, a person may not possess or purchase a noncontrolled substance that the person reasonably believes is a controlled dangerous substance.

(b) To determine if a person has violated this section, the court shall include in its consideration:

(1) whether the noncontrolled substance was packaged in a manner normally used to illegally distribute a controlled dangerous substance;

(2) if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and

(3) whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.

(c) It is not a defense to a prosecution under this section that the substance a person possessed or purchased was not a controlled dangerous substance if the person reasonably believed that it was a controlled dangerous substance.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
Md. Code, Transportation § 5-815 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-815
§5–815.
Status: in_force

(a) Subject to the provisions of this subtitle, the board of appeals may grant specific variances from noise zone regulations adopted under this part, if the design of a proposed structure or the repair, replacement, or change of a structure or use of land provides for sound insulation adequate to insure that interior noise levels resulting from airport operations will not exceed those levels that would occur if the structure or land use were outside of the noise zone.

(b) Any person who desires to use his property in a manner prohibited by a noise zone regulation adopted under this part may apply to the board for a variance from the regulation.

(c) The board may condition any variance so as to require the owner of any structure or land use to which the variance applies to construct the proposed structure or to repair, replace, or change the structure or use of land at his expense in a way that meets the requirements of subsection (a) of this section.

(d) When reviewing a request for a variance under the airport noise zone regulations, the board shall consider any facts and circumstances relevant to the request for variance, including any testimony or evidence presented regarding possible impacts on the surrounding community of the grant or denial of the proposed variance.
Md. Code, Criminal Law § 5-608.1 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-608.1
§5–608.
Status: in_force

§5–608.1.

(a) A person may not knowingly violate § 5–602 of this subtitle with:

(1) a mixture that contains heroin and a detectable amount of fentanyl or any analogue of fentanyl; or

(2) fentanyl or any analogue of fentanyl.

(b) A person who violates this section is guilty of a felony and, in addition to any other penalty imposed for a violation of § 5–602 of this subtitle, on conviction is subject to imprisonment not exceeding 10 years.

(c) A sentence imposed under this section shall be consecutive to and not concurrent with any other sentence imposed under any other provision of law.
Md. Code, Estates and Trusts § 5-707 — MD Code / Article get / Title 5 / Subtitle 7 / Section 5-707
§5–707.
Status: in_force

A final report under modified administration shall include:

(1) A statement representing the continued qualification for modified administration;

(2) An itemized schedule of the decedent’s property and the basis of its valuation;

(3) An itemized schedule of liens, debts, taxes, and funeral expenses of the decedent and administration expenses of the estate; and

(4) Schedules setting forth distributive shares of the estate and the applicable inheritance tax.
Md. Code, Agriculture § 5-601 — MD Code / Article gag / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

A person may not possess or import into the State any live rabbit, of the type now commonly known as the “San Juan rabbit”, for any purpose. Each rabbit imported or possessed in violation of this section constitutes a separate offense. In addition to any other penalty provided by this article, any person who violates this section shall forfeit any live San Juan rabbits he possesses.
Md. Code, Corporations and Associations § 5-134 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-134
§5–134.
Status: in_force

The provisions of the Maryland General Corporation Law apply to professional corporations unless:

(1) The context of the provisions clearly requires otherwise; or

(2) Specific provisions of this subtitle or other subtitles governing specific classes of corporations provide otherwise.
Md. Code, State Finance and Procurement § 5-815 — MD Code / Article gsf / Title 5 / Subtitle 8 / Section 5-815
§5–815.
Status: in_force

(a) From among its voting members, the Commission shall elect a Chairman.

(b) From among its voting members, the Commission may elect a vice chairman and any other officers it requires.

(c) The manner of election of officers and their terms of office shall be as the Commission determines.
Md. Code, Insurance § 5-305 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

(a) (1) Except as provided in § 5–306 of this subtitle and subject to paragraph (3) of this subsection, this section applies to:

(i) all individual annuity contracts and pure endowment contracts issued on or after the operative date of this section; and

(ii) all annuities and pure endowments purchased on or after the operative date under group annuity contracts and pure endowment contracts.

(2) This section does not apply to any disability or accidental death benefit in a contract.

(3) The operative date of this section is:

(i) January 1, 1979; or

(ii) the date or dates before January 1, 1979, specified by the insurer in a written notice filed with the Commissioner before January 1, 1979, of the insurer’s election of an earlier date or dates.

(b) For an individual annuity contract or pure endowment contract issued on or before June 30, 1980, the applicable table and interest rate for the minimum standard for the valuation of the contract are:

(1) the 1971 Individual Annuity Mortality Table or a modification of that table approved by the Commissioner; and

(2) interest at:

(i) 6% per year for a single premium immediate annuity contract; and

(ii) 4% per year for any other individual annuity contract or pure endowment contract.

(c) For an individual single premium immediate annuity contract issued on or after July 1, 1980, the applicable table and interest rate for the minimum standard for the valuation of the contract are:

(1) (i) the 1971 Individual Annuity Mortality Table;

(ii) an individual annuity mortality table adopted after 1980 by NAIC and approved by regulation of the Commissioner for use in determining the minimum standard of valuation for the contract; or

(iii) a modification of a table specified by subitem (i) or (ii) of this item approved by the Commissioner; and

(2) interest at 7.5% per year.

(d) For an individual annuity contract or pure endowment contract issued on or after July 1, 1980, other than a single premium immediate annuity contract, the applicable table and interest rate for the minimum standard for the valuation of the contract are:

(1) (i) the 1971 Individual Annuity Mortality Table;

(ii) an individual annuity mortality table adopted after 1980 by NAIC and approved by regulation of the Commissioner for use in determining the minimum standard of valuation for the contract; or

(iii) a modification of a table specified in subitem (i) or (ii) of this item approved by the Commissioner; and

(2) interest at:

(i) 5.5% per year for a single premium deferred annuity contract or pure endowment contract; and

(ii) 4.5% per year for any other individual annuity contract or pure endowment contract.

(e) For an annuity or pure endowment purchased on or before June 30, 1980, under a group annuity contract or pure endowment contract, the applicable table and interest rate for the minimum standard for the valuation of the contract are:

(1) the 1971 Group Annuity Mortality Table or a modification of that table approved by the Commissioner; and

(2) interest at 6% per year.

(f) For an annuity or pure endowment purchased on or after July 1, 1980, under a group annuity contract or pure endowment contract, the applicable table and interest rate for the minimum standard for the valuation of the contract are:

(1) (i) the 1971 Group Annuity Mortality Table;

(ii) a group annuity mortality table adopted after 1980 by NAIC and approved by regulation of the Commissioner for use in determining the minimum standard of valuation for the annuity or pure endowment; or

(iii) a modification of a table specified in subitem (i) or (ii) of this item approved by the Commissioner; and

(2) interest at 7.5% per year.
Md. Code, Family Law § 5-3B-16 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-16
§5–3B–16.
Status: in_force

(a) Except as provided in § 5–3B–27 of this subtitle and subject to subsection (c) of this section, before ruling on a consensual adoption petition under § 5–3B–20(b)(1) of this subtitle, a court may order a court investigator or child placement agency to conduct any investigation that the court considers necessary.

(b) Except as provided in subsection (c) of this section, before ruling on a nonconsensual adoption petition under §§ 5–3B–20(b)(2) and 5–3B–22 of this subtitle, a court shall order a court investigator or an appropriate child placement agency to investigate and submit a report that includes summaries of:

(1) the prospective adoptee’s emotional ties with and feelings toward the prospective adoptee’s parents, the prospective adoptee’s siblings, and others who may affect the prospective adoptee’s best interests significantly; and

(2) the prospective adoptee’s adjustment to:

(i) community;

(ii) home; and

(iii) school.

(c) If a prospective adoptee is an adult, the court may order an investigation under subsection (a) or (b) of this section only for good cause shown.
Md. Code, Corporations and Associations § 5-338 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-338
§5–338.
Status: in_force

(a) (1) Each religious corporation subject to this part shall adopt bylaws to govern its corporate and temporal affairs.

(2) Bylaws may be adopted by a majority of the qualified voters voting at a regular or special congregational meeting called for that purpose.

(b) Each religious corporation subject to this part is subject at all times to the constitution and canons of the convention of the Protestant Episcopal Church in the Diocese of Easton and of the Protestant Episcopal Church in the United States of America.
Md. Code, Criminal Law § 5-710 — MD Code / Article gcr / Title 5 / Subtitle 7 / Section 5-710
§5–710.
Status: in_force

(a) In this section, “human growth hormone” means:

(1) somatrem, somatropin, and any of their analogues; or

(2) a substance labeled as being or containing somatrem or somatropin and any analogue of somatrem or somatropin.

(b) This section applies to an athletic facility, commercial health club, public recreation center, weight training gym, school gymnasium, or other establishment operated primarily for the exercise, physical fitness, athletic training, or physical education of the individuals who use the facility.

(c) The operator of a facility subject to this section shall obtain and affix at least one warning notice in each locker room maintained in the facility.

(d) (1) The lettering in each warning notice shall be at least 1 inch high and shall be conspicuously placed for maximum possible visibility.

(2) The warning notice shall read:

Warning

The nonprescription use, possession, or distribution of anabolic steroids or human growth hormone is illegal in the State of Maryland. On conviction, violators are subject to imprisonment or a fine or both.
Md. Code, Family Law § 5-539.3 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-539.3
§5–539.
Status: in_force

§5–539.3.

(a) The members of the State Board and the Board’s designees and staff:

(1) may not disclose to any person or government official any identifying information about any specific child protection case about which the State Board is provided information; and

(2) may make public other information unless prohibited by law.

(b) In addition to any other penalties provided by law, the Secretary of Human Services may impose on any person who violates subsection (a) of this section a civil penalty not exceeding $500 for each violation.
Md. Code, Family Law § 5-342 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-342
§5–342.
Status: in_force

If a petition to invalidate an order for adoption under this Part III of this subtitle on the basis of a jurisdictional or procedural defect is filed more than 1 year after entry of the order, a juvenile court shall dismiss the petition.
Md. Code, Criminal Law § 5-612 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-612
§5–612.
Status: in_force

(a) A person may not manufacture, distribute, dispense, or possess:

(1) 50 pounds or more of cannabis;

(2) 448 grams or more of cocaine;

(3) 448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of cocaine;

(4) 448 grams or more of cocaine base, commonly known as “crack”;

(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;

(6) 28 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;

(7) 5 grams or more of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration;

(8) 28 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration;

(9) 1,000 dosage units or more of lysergic acid diethylamide;

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

(11) 16 ounces or more of phencyclidine in liquid form;

(12) 448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of phencyclidine;

(13) 448 grams or more of methamphetamine; or

(14) 448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of methamphetamine.

(b) For the purpose of determining the quantity of a controlled dangerous substance involved in individual acts of manufacturing, distributing, dispensing, or possessing under subsection (a) of this section, the acts may be aggregated if each of the acts occurred within a 90–day period.

(c) (1) (i) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of a felony and on conviction shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000.

(ii) The court may not suspend any part of the mandatory minimum sentence of 5 years.

(iii) Except as provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

(2) A person who violates subsection (a)(1) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $50,000 or both.
Md. Code, Economic Development § 5-301 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

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

(b) “Aquaculture project” means a project that encourages innovation, expansion, and modernization of the seafood processing industry or aquaculture industry.

(c) “Arts and entertainment district” means an area designated by the Secretary as an arts and entertainment district under Title 4, Subtitle 7 of this article.

(d) “Arts and entertainment enterprise” means a for–profit or nonprofit entity that is:

(1) located in an arts and entertainment district; and

(2) dedicated to the visual or performing arts.

(e) “Arts and entertainment project” means a project that promotes or enhances the development of an arts and entertainment district.

(f) (1) “Associated development and carrying costs” means costs that are associated with the acquisition and maintenance of an asset.

(2) “Associated development and carrying costs” includes:

(i) settlement costs;

(ii) insurance;

(iii) interest;

(iv) taxes;

(v) government fees;

(vi) utilities; and

(vii) the costs of managing and securing the asset.

(g) “Authority” means the Maryland Economic Development Assistance Authority.

(h) “Brownfields Revitalization Incentive Program” means the program in the Department that provides financial assistance from the Fund for the redevelopment of qualified brownfields sites, as provided in Part VI of this subtitle.

(i) (1) “Brownfields site” means a property that:

(i) is located in a county or municipal corporation that elects to participate in the Brownfields Revitalization Incentive Program in accordance with § 5–336 of this subtitle; and

(ii) is:

1. an eligible property, as defined in § 7–501 of the Environment Article, that is owned or operated by an inculpable person, as defined in § 7–501 of the Environment Article; or

2. a property where there is a release, discharge, or threatened release of oil, as defined in § 4–401 of the Environment Article, that is subject to Title 4 of the Environment Article.

(2) “Brownfields site” does not include property that is owned or operated by:

(i) a responsible person as defined in § 7–201 of the Environment Article; or

(ii) a person responsible for the discharge, as defined in § 4–401 of the Environment Article.

(j) “Child care facility” means a facility that is required to be licensed as a child care center under Title 9.5, Subtitle 4 of the Education Article.

(k) “Child care special loan” means a direct loan to expand or improve child care services at a child care facility, as provided in Part VII of this subtitle.

(l) “Corporation” means the Maryland Economic Development Corporation.

(m) “Financial assistance” means a grant, loan, or investment provided under this subtitle.

(n) “Fund” means the Maryland Economic Development Assistance Fund.

(o) “Local economic development fund” means a revolving, nonlapsing fund that one or more local governments establish for economic development in the areas under their jurisdiction.

(p) “Local economic development opportunity” means a project that:

(1) is determined by the Department or Authority to provide a valuable economic development opportunity to the jurisdiction in which the project is located; and

(2) is a priority for and endorsed by the governing body of that jurisdiction.

(q) “Local government” means:

(1) a county;

(2) a municipal corporation;

(3) a designated agency or instrumentality of a county; or

(4) a designated agency or instrumentality of a municipal corporation.

(r) “Qualified brownfields site” means a brownfields site that is determined by the Department to be eligible for financial assistance under this subtitle.

(s) “Responsible person” has the meaning stated in § 7–201 of the Environment Article.

(t) “Significant strategic economic development opportunity” means a project that is determined by the Department or Authority to provide a valuable economic development opportunity of statewide, regional, or strategic industry impact.

(u) “Specialized economic development opportunity” means:

(1) an aquaculture project;

(2) an arts and entertainment enterprise;

(3) an arts and entertainment project;

(4) the redevelopment of a qualified brownfields site; or

(5) a project to create or expand a child care facility.

(v) “Tier I county project” means a project that a local government or the Corporation carries out in a Tier I county.

(w) “Working capital” means money to be used for current operations of a business.
Md. Code, Business Regulation § 5-605 — MD Code / Article gbr / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

(a) The terms of a trust to provide for perpetual care shall be designated in a written agreement between the registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle and trustee.

(b) The terms of the trust agreement:

(1) shall conform to this subtitle; and

(2) may include provisions about:

(i) payment of income;

(ii) accumulation of income;

(iii) reinvestment of income;

(iv) administration of the trust fund; and

(v) powers of the trustee as to investments.

(c) (1) A trust agreement shall be irrevocable.

(2) However, a trust agreement may:

(i) give the registered cemeterian, permit holder, or other person subject to the trust requirements of this subtitle the right to remove the trustee and appoint another qualified trustee; and

(ii) provide for the appointment of individuals as cotrustees and successor cotrustees with a corporate trustee.
Md. Code, Corporations and Associations § 5-317 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-317
§5–317.
Status: in_force

In addition to the requirements of § 5-305 of this subtitle, if a congregation forms a religious corporation under this part, any gift, devise, or bequest made to and intended to enure to the benefit of the congregation enures to the benefit of the religious corporation, whether or not the religious corporation was designated or described accurately in the gift, devise, or bequest.
Md. Code, Insurance § 5-916 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-916
§5–916.
Status: in_force

(a) The Commissioner may adopt:

(1) regulations to carry out this subtitle; and

(2) rules and regulations applicable to reinsurance arrangements described in subsection (b) of this section.

(b) (1) A rule or regulation adopted under subsection (a)(2) of this section may apply only to reinsurance relating to:

(i) life insurance policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits;

(ii) universal life insurance policies with provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period;

(iii) variable annuities with guaranteed death or living benefits;

(iv) long–term care insurance policies; or

(v) other life and health insurance and annuity products as to which the National Association of Insurance Commissioners adopts model regulatory requirements with respect to credit for reinsurance.

(2) A rule or regulation adopted under subsection (a)(2) of this section that applies to reinsurance relating to policies specified under paragraph (1)(i) or (ii) of this subsection may apply to any treaty containing:

(i) policies issued on or after January 1, 2015; or

(ii) policies issued before January 1, 2015, if the risk pertaining to the pre–2015 policies is ceded in connection with the treaty, in whole or in part, on or after January 1, 2015.

(3) A rule or regulation adopted under subsection (a)(2) of this section may require the ceding insurer, in calculating the amounts or forms of security required to be held under regulations adopted under subsection (a)(2) of this section, to use the valuation manual adopted by the National Association of Insurance Commissioners in accordance with § 5–313 of this title, including all amendments adopted by the National Association of Insurance Commissioners and in effect on the date the calculation is made, to the extent applicable.

(4) A rule or regulation adopted under subsection (a)(2) of this section may not apply to a cession to an assuming insurer that:

(i) meets the conditions set forth in § 5–917 of this subtitle;

(ii) is certified in this State in accordance with § 5–904(f) of this subtitle; or

(iii) 1. maintains at least $250,000,000 in capital and surplus when determined in accordance with the National Association of Insurance Commissioners Accounting Practices and Procedures Manual, including all amendments adopted by the National Association of Insurance Commissioners, excluding the impact of any permitted or prescribed practices; and

2. A. is licensed in at least 26 states; or

B. is licensed in at least 10 states and is licensed or accredited in a total of at least 35 states.

(c) The authority of the Commissioner to adopt regulations under subsection (a)(2) of this section does not limit the Commissioner’s general authority to adopt regulations under subsection (a)(1) of this section.
Md. Code, Courts and Judicial Proceedings § 5-1112 — MD Code / Article gcj / Title 5 / Subtitle 11 / Section 5-1112
§5–1112.
Status: in_force

The Attorney General may adopt regulations to carry out this subtitle.
Md. Code, Local Government § 5-214 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-214
§5–214.
Status: in_force

(a) Section 18–301 of this article applies to the use of federal or State financial assistance for commercial or industrial redevelopment projects.

(b) (1) In this subsection, “authority” means a commercial district management authority.

(2) A municipality may establish an authority for any commercial district in the municipality.

(3) For each authority established, a municipality shall:

(i) specify the membership, organization, jurisdiction, and geographical limits of the authority;

(ii) provide financing for the authority through fees that may be charged to, or taxes that may be imposed against, any business subject to the authority’s jurisdiction; and

(iii) specify the purposes of the authority, including:

1. promotion;

2. marketing; or

3. the provision of security, maintenance, or amenities in the district.

(4) An authority may not:

(i) exercise the power of eminent domain;

(ii) purchase, sell, construct, or lease, as lessor, office or retail space; or

(iii) except as otherwise authorized by law, engage in competition with the private sector.

(5) Any fee or tax imposed under this subsection shall be used only for the purposes stated in this subsection and may not revert to the general fund of the municipality.
Md. Code, Natural Resources § 5-907 — MD Code / Article gnr / Title 5 / Subtitle 9 / Section 5-907
§5–907.
Status: in_force

No land may be acquired for any State park in excess of the number of acres approved by the General Assembly for the park. Approval of the General Assembly shall be required for any revision to the Maryland Land Preservation and Recreation Plan prior to the initiation of any action to obtain additional land for any State park.
Md. Code, Education § 5-204 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) (1) Except for money appropriated for the purposes of § 5–301(b) through (j) of this title, all money appropriated by the General Assembly to aid in support of public schools constitutes the General State School Fund.

(2) Money in the General State School Fund may be spent only as appropriated in the annual budget bill.

(3) (i) The Department shall notify the Senate Budget and Taxation Committee and the House Committee on Appropriations of any intent to transfer funds from budget program R00A02, Aid to Education, to any other budgetary unit.

(ii) The Senate Budget and Taxation Committee and the House Committee on Appropriations shall have 45 days to review and comment on the planned transfer prior to its effect.

(b) Money in the General State School Fund may be appropriated by the General Assembly to the Annuity Bond Fund, as provided in the State budget, and shall be used for principal and interest payments on State debt incurred for public school construction or public school capital improvements.
Md. Code, Public Safety § 5-146 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-146
§5–146.
Status: in_force

(a) A dealer or any other person who sells or transfers a regulated firearm shall notify the purchaser or recipient of the regulated firearm at the time of purchase or transfer that the purchaser or recipient is required to report a lost or stolen regulated firearm to the local law enforcement agency as required under subsection (b) of this section.

(b) If a regulated firearm is lost or stolen, the owner of the regulated firearm shall report the loss or theft to the local law enforcement agency within 72 hours after the owner first discovers the loss or theft.

(c) On receipt of a report of a lost or stolen regulated firearm, a local law enforcement agency shall report to the Secretary and enter into the National Crime Information Center (NCIC) database, to the extent known, the caliber, make, model, manufacturer, and serial number of the regulated firearm and any other distinguishing number or identification mark on the regulated firearm.

(d) (1) A knowing and willful first–time violation of this section is a civil offense punishable by a fine not exceeding $500.

(2) A person who knowingly and willfully violates this section for a second or subsequent time is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

(e) The imposition of a civil or criminal penalty under this section does not preclude the pursuit of any other civil remedy or criminal prosecution authorized by law.
Md. Code, Health - General § 5-802 — MD Code / Article ghg / Title 5 / Subtitle 8 / Section 5-802
§5–802.
Status: in_force

§5–802. IN EFFECT

(a) There is a Mortality and Quality Review Committee established within the Department.

(b) The purpose of the Committee is to prevent avoidable injuries and avoidable deaths and to improve the quality of care provided to persons with developmental disabilities.

§5–802. // EFFECTIVE DECEMBER 31, 2032 PER CHAPTER 221 OF 2022 //

(a) There is a Mortality Review Committee established within the Department.

(b) The purpose of the Committee is to prevent avoidable deaths and to improve the quality of care provided to persons with developmental disabilities.
Md. Code, Human Services § 5-101 — MD Code / Article ghu / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Administration” means the Family Investment Administration.

(c) “Department” means the Department of Human Services.

(d) “Executive Director” means the Executive Director of Family Investment.

(e) “Local department” means:

(1) a local department of social services created or continued in a county under § 3–201 of this article; or

(2) in Montgomery County, the Montgomery County government.

(f) “Local director” means the director of a local department.

(g) “Secretary” means the Secretary of Human Services.
Md. Code, General Provisions § 5-514 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-514
§5–514.
Status: in_force

(a) (1) Except as provided in paragraph (2) or (3) of this subsection, a member of the General Assembly, a filed candidate for election to the General Assembly, or a member–elect of the General Assembly may not receive earned income from:

(i) an executive unit; or

(ii) a political subdivision of the State.

(2) The Joint Ethics Committee may exempt an individual from the provisions of paragraph (1) of this subsection if the earned income is for:

(i) educational instruction provided by the member, candidate, or member–elect;

(ii) a position that is subject to a merit system hiring process;

(iii) a human services position; or

(iv) a career promotion, change, or progression that is a logical transition from a pre–existing relationship as described in paragraph (3)(ii) of this subsection.

(3) This subsection does not apply to compensation to a member, candidate, or member–elect derived from:

(i) employment as a nonelected law enforcement officer or a fire or rescue squad worker; or

(ii) a transaction or relationship that existed before the individual:

1. filed a certificate of candidacy for election to the General Assembly while the individual was not an incumbent member of the General Assembly; or

2. was appointed to fill a vacancy.

(b) (1) A legislator shall report the following information in writing to the Joint Ethics Committee at the times and in the manner required by the Joint Ethics Committee:

(i) subject to paragraph (2) of this subsection, if representing a person for compensation before a State or local government agency, except in a judicial proceeding or in a quasi–judicial proceeding, the name of the person represented, the services performed, and the consideration;

(ii) if representing a State or local government agency for compensation, the name of the agency, the services performed, and the consideration;

(iii) the name of any business enterprise subject to regulation by a State agency in which the legislator and a member of the legislator’s immediate family (spouse and children living with the legislator), together or separately, have:

1. the lesser of:

A. 10% or more of the capital stock of any corporation; or

B. capital stock of any corporation with a cumulative value of $35,000 or more; and

2. any interest in a partnership, limited liability partnership, or limited liability company;

(iv) except for employment as a legislator, details, including the subject matter and consideration, of any financial or contractual relationship, including a financial or contractual relationship involving a business entity whose interests are attributable to the legislator under § 5–608 of this title, with:

1. the University of Maryland Medical System;

2. a governmental entity of the State or a local government in the State; or

3. a quasi–governmental entity of the State or a local government in the State;

(v) details of any transaction with a governmental entity of the State or a local government in the State involving a monetary consideration;

(vi) except for employment as a legislator, the name of any:

1. primary employer of the legislator;

2. primary employer of the legislator’s spouse; and

3. business from which the legislator or the legislator’s spouse receives earned income as a result of an ownership interest in the business;

(vii) except in a judicial or quasi–judicial proceeding, the name of any client of the legislator or of a business entity in which the legislator has an ownership interest if the legislator:

1. is assisting the client in seeking a State or local government contract, license, or other competitive award; and

2. will receive or expects to receive a direct financial benefit as a result of the award of the contract, license, or other competitive award to the client; and

(viii) if the legislator’s spouse is an individual regulated lobbyist, the name of each entity that has engaged the lobbyist for lobbying purposes.

(2) A legislator, on the written advice of the Counsel to the Joint Ethics Committee, is not required to report any information under this subsection if reporting the information would violate standards of client confidentiality or professional conduct.

(3) The Joint Ethics Committee may adopt procedures to keep confidential the name of the person represented in a report filed under paragraph (1)(i) of this subsection if that information is privileged or confidential under any law governing proceedings before that State or local government agency.

(c) All reports filed under this section shall be:

(1) filed electronically on a form required by the Joint Ethics Committee; and

(2) maintained as a matter of public record as required in subsection (d) of this section.

(d) (1) The Department of Legislative Services shall:

(i) compile the reports filed under this section;

(ii) make the reports available for public inspection as provided in the Public Information Act; and

(iii) as to reports filed on or after January 1, 2013, and except as provided in paragraph (2) of this subsection, make the reports freely available to the public on the Internet through an online registration program.

(2) The Department of Legislative Services may not post on the Internet information related to consideration received that is reported under subsection (b) of this section.
Md. Code, Estates and Trusts § 5-605 — MD Code / Article get / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: reserved

(a) Property of the decedent discovered after the filing of the petition shall be reported immediately by supplemental petition.

(b) If no administration was had in accordance with § 5–603(a)(4) of this subtitle because of the failure to include after–discovered property in the original petition, the register shall direct appropriate proceedings.

(c) If after–discovered property increases the gross value of all property of the decedent subject to administration in Maryland to more than $50,000, or more than $100,000 if all property of the decedent subject to administration in Maryland is transferred to the spouse of the decedent, then any further proceeding may not be had under this subtitle, but the administration shall proceed under the other provisions of the estates of decedents law.
Md. Code, Courts and Judicial Proceedings § 5-642 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-642
§5–642.
Status: in_force

(a) In this section, “veteran” has the meaning stated in § 9–901 of the State Government Article.

(b) A licensed funeral establishment or holder of a permit to engage in the business of a crematory who acts in good faith is not civilly liable for transferring the unclaimed cremated remains of a veteran or an eligible dependent of a veteran to a veterans service organization for purposes of disposition as provided in § 5–803 of the Business Regulation Article and § 7–406 of the Health Occupations Article.

(c) A veterans service organization that acts in good faith is not civilly liable for receiving the unclaimed cremated remains of a veteran or an eligible dependent of a veteran for purposes of disposition as provided in § 5–803 of the Business Regulation Article and § 7–406 of the Health Occupations Article.
Md. Code, Labor and Employment § 5-310 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

(a) (1) The Board may ask for and the Commissioner may provide technical or other information that may help the Board to determine the need for a proposed regulation and to make a recommendation.

(2) The Commissioner may make any recommendation to the Board about a regulation that the Commissioner considers necessary to carry out this title.

(b) The Board or Commissioner may appoint a special committee, composed of employees, employers, experts, and at least 1 member of the general public, to help the Board to develop its recommendations on proposed regulations.

(c) The Board may use the advice and help of any individual or entity with special knowledge about a recommendation that the Board is considering.

(d) (1) The Board shall hold the public hearings needed to carry out its responsibilities under this subtitle.

(2) At least 30 days before a hearing under this subsection, the Commissioner shall publish notice of the hearing at least once in a newspaper that the Commissioner chooses.

(3) On request of any person, the Commissioner shall give that person notice of a hearing under this subsection.
Md. Code, Transportation § 5-422 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-422
§5–422.
Status: reserved

(a) (1) With the approval of the Secretary, the Administration may act as agent of any political subdivision to:

(i) Accept, receive, receipt for, disburse, or spend any federal or other public or private money made available to finance, wholly or partly, the establishment or operation of an airport, airport facility, or air navigation facility; and

(ii) Contract for and supervise the establishment or operation of the airport or facility.

(2) Each political subdivision may designate the Administration as its agent for any purpose of this subsection.

(b) All federal money accepted under this section shall be accepted and transferred or spent by the Administration on the terms and conditions that the federal government requires.

(c) Any political subdivision and, with the approval of the Secretary, the Administration, as principal for this State, may contract with each other, the federal government, or any other person to the extent required for a grant or loan of federal money for an airport, airport facility, or air navigation facility.

(d) (1) All money received by the Administration under this section:

(i) Shall be deposited in the State Treasury; and

(ii) Unless otherwise required by the person from whom the money was received, shall be kept in a separate fund designated for the purpose for which the money was made available and shall be held by this State in trust for that purpose.

(2) This money is not part of the Transportation Trust Fund and is not subject to § 3-216 of this article.
Md. Code, Transportation § 5-603 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

This subtitle does not apply to Baltimore County or to any part of any airport or property located in Baltimore County.
Md. Code, Criminal Procedure § 5-212 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-212
§5–212.
Status: in_force

(a) This section does not apply to a citation:

(1) for a violation of a parking ordinance or regulation adopted under Title 26, Subtitle 3 of the Transportation Article;

(2) adopted by the Chief Judge of the District Court under § 1–605(d) of the Courts Article, for use in traffic offenses; or

(3) issued by a Natural Resources police officer under § 1–205 of the Natural Resources Article.

(b) A bench warrant may be issued for the arrest of a defendant who fails to appear in court in response to a citation.

(c) A person who fails to appear in court in response to a citation is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 90 days or both.
Md. Code, Environment § 5-901 — MD Code / Article gen / 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) “Agricultural activity” means aquaculture and farming activities.

(2) “Agricultural activity” includes:

(i) Plowing, tillage, cropping, seeding, cultivating, and harvesting for the production of food and fiber products; and

(ii) The grazing of livestock.

(c) “Best management practices” means conservation practices or systems of practices and management measures that:

(1) Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment; and

(2) Minimize adverse impacts to the surface water and groundwater flow and circulation patterns, and to the chemical, physical, and biological characteristics of a nontidal wetland.

(d) “Compensation ratio” means the ratio of the area of wetland restored, created, or enhanced to the area of wetland for which mitigation is required.

(e) “Department” means the Department of the Environment.

(f) “Forestry activity” means planting, cultivating, thinning, harvesting, or any other activity undertaken to use forest resources or to improve their quality or productivity.

(g) “Hydrologic unit” means a drainage area within:

(1) A multilevel hierarchical drainage system established under the National Watershed Boundary Dataset as published by the U.S. Geological Survey and as amended, revised, or replaced from time to time; and

(2) Which drainage boundaries are established using hydrographic and topographic data to delineate an area of land upstream from a specific point on a river, stream, or a similar surface water.

(h) “Hydrologic unit code” means a numerical identifier that describes a hydrologic unit’s physical location and position within the drainage system hierarchy.

(i) “Instrument” means the formal written agreement between mitigation bank owners and the Department that establishes liability, performance standards, management and monitoring requirements, and the terms of bank credit approval.

(j) “Interagency review team” means an interagency group of federal, State, and local agencies that reviews documentation for, and advises the Department on, the establishment of proposed mitigation banks and the development of the instrument.

(k) “Isolated nontidal wetland” means a nontidal wetland that is not hydrologically connected, through surface or subsurface flow, to streams, tidal or nontidal wetlands, or tidal waters.

(l) “Mitigation banking” means wetland restoration, creation, or enhancement undertaken expressly for the purpose of providing compensation credits for wetland losses from future activities.

(m) (1) “Nontidal wetland” means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

(2) The determination of whether an area is a nontidal wetland shall be made in accordance with the publication known as the “Federal Manual for Identifying and Delineating Jurisdictional Wetlands”, published in 1989 and as may be amended.

(3) “Nontidal wetlands” do not include tidal wetlands regulated under Title 16 of this article.

(n) (1) “Regulated activity” means any of the following activities in a nontidal wetland or within a 25 foot buffer of the nontidal wetland:

(i) The removal, excavation, or dredging of soil, sand, gravel, minerals, organic matter, or materials of any kind;

(ii) The changing of existing drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics;

(iii) The disturbance of the water level or water table by drainage, impoundment, or other means;

(iv) The dumping, discharging of material, or filling with material, including the driving of piles and placing of obstructions;

(v) The grading or removal of material that would alter existing topography; and

(vi) The destruction or removal of plant life that would alter the character of a nontidal wetland.

(2) “Regulated activity” does not include an agricultural activity or forestry activity as defined in this section.

(o) “Service area” means the geographic area within which impacts can be mitigated at a specific mitigation bank, as designated in its instrument.

(p) “Soil conservation and water quality plan” means a land use plan for a farm that shows a farmer how to make best possible use of soil and water resources while protecting and conserving those resources for the future.
Md. Code, Corporations and Associations § 5-330 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-330
§5–330.
Status: in_force

A religious corporation subject to this part may be incorporated only in conformity with the constitution of the United Presbyterian Church in the United States of America and its successors.
Md. Code, Courts and Judicial Proceedings § 5-715 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-715
§5–715.
Status: in_force

(a) In this section, “Board” means the State Board of Physicians.

(b) A person who acts without malice and is a member of the Board or a legally authorized agent of the Board, is not civilly liable for investigating, prosecuting, participating in a hearing under § 14–405 of the Health Occupations Article, or otherwise acting on an allegation of a ground for Board action made to the Board.

(c) A person who acts without malice is not civilly liable for making an allegation of a ground for Board action to the Board or Faculty.

(d) Any person who acts in good faith is not civilly liable for giving any of the information required under § 14-413 or § 14-414 of the Health Occupations Article.
Md. Code, Corporations and Associations § 5-114 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-114
§5–114.
Status: in_force

(a) For purposes of this section the term “disqualified stockholder” shall include the personal representative of the estate of a deceased stockholder or a transferee as described in § 5-113 of this subtitle.

(b) (1) If an acquisition of stock is required under § 5-113 of this subtitle, the professional corporation shall send, by certified mail, postage prepaid, return receipt requested, a written notice to the disqualified stockholder, offering to purchase the stock at a price which the corporation represents to be the fair value of the stock as of the date of death, disqualification, or transfer.

(2) The offer notice under paragraph (1) of this subsection must be accompanied by:

(i) The corporation’s balance sheet for the fiscal year ending not more than 16 months before the effective date of the offer notice;

(ii) An income statement for that year;

(iii) A statement of changes in stockholders’ equity for that year; and

(iv) The latest available interim financial statements, if any.

(c) The disqualified stockholder may send, by certified mail, postage prepaid, return receipt requested, a written notice to the corporation demanding that the corporation commence a proceeding to determine the fair value of the stock if:

(1) The disqualified stockholder does not receive a written offer notice under subsection (b) of this section within 60 days after the date of disqualification, transfer, or appointment of the personal representative; or

(2) The disqualified stockholder rejects the corporation’s offer within 30 days of receipt of the offer by the disqualified stockholder.

(d) If the corporation fails to commence a proceeding under subsection (c) of this section to determine the fair value of stock within 60 days of written notice of demand by a disqualified stockholder, the disqualified stockholder may commence a proceeding against the corporation to determine the fair value of the stock.

(e) (1) If the disqualified stockholder accepts the corporation’s offer under subsection (b) of this section, the corporation shall make payment when the stockholder surrenders the stockholder’s stock.

(2) Unless a later time is agreed on, payment by the corporation and surrender of the stock by the stockholder shall occur within 60 days from the effective date of the offer notice.

(3) If the disqualified stockholder fails to respond to the corporation’s offer under subsection (b) of this section within 30 days after delivery of the notice, the stockholder shall be deemed to have accepted the offer.

(4) Paragraph (3) of this subsection does not apply to the personal representative of a deceased stockholder if the offer under subsection (b) of this section was made before the appointment of the personal representative; provided, however, that an offer under this paragraph shall be deemed accepted if the personal representative does not respond to the offer within 30 days after the personal representative is appointed.

(f) The corporation shall cancel on the books of the corporation the stock of a disqualified stockholder and the disqualified stockholder shall have no further interest as a stockholder in the corporation other than the right of payment of the fair value of the stock under § 5-113 of this subtitle if the corporation has not delivered an offer notice under subsection (b) of this section and the disqualified stockholder has not demanded that the corporation commence a proceeding to determine the fair value of the stock within 120 days of:

(1) Appointment of a personal representative of a deceased stockholder; or

(2) The date an acquisition of stock becomes required under § 5-113(c) of this subtitle.
Md. Code, Family Law § 5-540 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-540
§5–540.
Status: in_force

(a) Except as provided in subsection (b) of this section, there shall be at least 1 local board of review for minor children in out–of–home care in each county.

(b) Instead of a local board in each county, 2 or more counties may agree to establish a single multicounty local board in accordance with a memorandum of understanding executed by the participating counties.
Md. Code, Economic Development § 5-2106 — MD Code / Article gec / Title 5 / Subtitle 21 / Section 5-2106
§5–2106.
Status: in_force

A member of the Advisory Commission:

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

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, General Provisions § 5-405 — MD Code / Article ggp / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

(a) After the Ethics Commission considers all of the evidence presented at the hearing, the Ethics Commission shall make findings of fact and conclusions of law with respect to each alleged violation.

(b) If the Ethics Commission determines that the respondent has not violated this title, the Ethics Commission shall:

(1) dismiss the complaint in a signed order; and

(2) promptly send a copy of the order to the complainant and the respondent.

(c) If the Ethics Commission determines that the respondent has violated any provision of this title, the Ethics Commission may:

(1) issue an order of compliance directing the respondent to cease and desist from the violation;

(2) issue a reprimand; or

(3) recommend to the appropriate authority other appropriate discipline of the respondent, including censure or removal, if that discipline is authorized by law.

(d) If the Ethics Commission determines that a respondent has violated Subtitle 7 of this title, the Ethics Commission may:

(1) require a respondent who is a regulated lobbyist to file any additional reports or information that reasonably relates to information required under §§ 5–703 and 5–704 of this title;

(2) impose a fine not exceeding $5,000 for each violation; or

(3) subject to subsection (e) of this section, suspend the registration of a regulated lobbyist.

(e) (1) If the Ethics Commission determines it necessary to protect the public interest and the integrity of the governmental process, the Ethics Commission may issue an order to:

(i) suspend the registration of an individual regulated lobbyist if the Ethics Commission determines that the individual regulated lobbyist:

1. has knowingly and willfully violated Subtitle 7 of this title; or

2. has been convicted of a criminal offense arising from lobbying activities; or

(ii) revoke the registration of an individual regulated lobbyist if the Ethics Commission determines that, based on acts arising from lobbying activities, the individual regulated lobbyist has been convicted of bribery, theft, or other crime involving moral turpitude.

(2) If the Ethics Commission suspends the registration of an individual regulated lobbyist under paragraph (1) of this subsection, the individual regulated lobbyist may not engage in lobbying for compensation for a period, not to exceed 3 years, that the Ethics Commission determines as to that individual regulated lobbyist is necessary to satisfy the purposes of this subsection.

(3) If the Ethics Commission revokes the registration of an individual regulated lobbyist under paragraph (1) of this subsection, the individual regulated lobbyist may not engage in lobbying for compensation.

(4) If the Ethics Commission initiates a complaint based on a violation or conviction described in paragraph (1) of this subsection, the Ethics Commission shall initiate the complaint within 2 years after the earlier of:

(i) the Ethics Commission’s knowledge of the violation; or

(ii) the date the conviction becomes final.

(5) The termination or expiration of the registration of an individual regulated lobbyist does not limit the authority of the Ethics Commission to issue an order under this subsection.

(f) (1) An individual whose registration as an individual regulated lobbyist is revoked or suspended under subsection (e) of this section may apply to the Ethics Commission for reinstatement.

(2) The Ethics Commission may reinstate the registration of an individual whose registration as a regulated lobbyist has been revoked or suspended under subsection (e) of this section if the Ethics Commission determines that reinstatement of the individual would not be detrimental to the public interest and the integrity of the governmental process, based on:

(i) the nature and circumstances of the original misconduct or violation leading to revocation or suspension;

(ii) the individual’s subsequent conduct and reformation; and

(iii) the present ability of the individual to comply with the ethics law.

(g) (1) If the respondent is a regulated lobbyist, for each report required under Subtitle 7 of this title that is filed late, the respondent shall pay a fee of $10 for each late day, not to exceed a total of $1,000.

(2) If the respondent is an official, for each financial disclosure statement found to have been filed late, the respondent shall pay a fee of $5 for each late day, not to exceed a total of $500.

(h) A penalty, fine, or fee assessed under this section shall be distributed to the Fair Campaign Financing Fund established under § 15–103 of the Election Law Article.
Md. Code, General Provisions § 5-207 — MD Code / Article ggp / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) The Ethics Commission and its staff counsel each may:

(1) administer oaths; and

(2) issue subpoenas for the attendance of witnesses to testify or to produce other evidence.

(b) A subpoena issued under subsection (a) of this section may be enforced judicially.
Md. Code, Health - General § 5-806.1 — MD Code / Article ghg / Title 5 / Subtitle 8 / Section 5-806.1
§5–806.
Status: in_force

§5–806.1. IN EFFECT

// EFFECTIVE UNTIL DECEMBER 31, 2032 PER CHAPTER 221 OF 2022 //

(a) (1) The Office of Health Care Quality shall provide aggregate incident data to the Committee once every 3 months.

(2) When providing aggregate incident data to the Committee, to the extent practicable, the Office of Health Care Quality shall identify trends and patterns that may threaten the health, safety, or well–being of an individual.

(b) The Committee shall review the aggregate incident data and make findings and recommendations to the Department on system quality assurance needs.

(c) The Committee may consult with experts as needed to carry out the provisions of this section.
Md. Code, Transportation § 5-810 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-810
§5–810.
Status: in_force

(a) For airports not owned by this State, within 180 days after the Executive Director certifies and publishes a noise zone under Part II of this subtitle, each political subdivision that has a noise zone wholly or partly within its jurisdiction shall adopt, under its police power, noise zone regulations establishing local noise zones. These noise zones may not be less restrictive than the noise zone certified by the Executive Director.

(b) The political subdivision shall identify the noise zones established under this section on each zoning map, comprehensive plan, and other appropriate document.

(c) (1) If a political subdivision has or adopts a general zoning ordinance, any noise zone regulations adopted under this section for all or a part of the same area may be made a part of the general zoning regulations and administered and enforced with them.

(2) The legislative body of a political subdivision that adopts noise zone regulations under this section may delegate the duty of administering and enforcing the regulations to any administrative agency under its jurisdiction. However, the administrative agency may not be or include any member of the board of appeals.
Md. Code, Land Use § 5-103 — MD Code / Article glu / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) Before adoption of a subdivision regulation, the legislative body shall hold a public hearing on the subdivision regulation.

(b) The legislative body shall publish a notice of the public hearing at least once in a weekly or daily newspaper that circulates in the local jurisdiction.

(c) The notice shall contain:

(1) the text of the subdivision regulation or, at the discretion of the legislative body, a brief and accurate summary of the nature and contents of the subdivision regulation sufficient to inform an individual of ordinary intelligence of the nature and contents of the subdivision regulation; and

(2) the time and place of the public hearing.

(d) When the legislative body adopts a subdivision regulation, the legislative body shall file a certified copy of the subdivision regulation with the clerk of the circuit court in which the local jurisdiction is located for recording.
Md. Code, Environment § 5-5B-05 — MD Code / Article gen / Title 5 / Subtitle 5B / Section 5-5B-05
§5–5B–05.
Status: in_force

(a) In reviewing requests for new or expanded water appropriation permits by public water systems, as defined by this subtitle, the Department shall consider existing local initiatives and voluntary efforts and best management practices set forth for implementation within a permit application.

(b) In reviewing and prioritizing requests by public water systems, as defined by this subtitle, for State financial assistance through the Maryland Water Quality Revolving Loan Fund under § 9-1605 of this article and other State funding sources, the Department shall consider local initiatives and voluntary efforts, and the best management practices set forth for implementation within a financial assistance application.

(c) On or before October 1, 2003, the Department shall issue guidelines to public water systems on best management practices for improving water conservation and efficiency in water use, treatment, storage, and transmission, including:

(1) Costs and cost-savings associated with implementing examples of specific best management practices;

(2) Water conservation associated with implementing specific best management practices; and

(3) Priority eligibility for funding through State financial resources for drinking water and wastewater treatment improvements including the Maryland Water Quality Revolving Loan Fund under § 9-1605 of this article and other State or federal financial assistance when best management practices are implemented.

(d) The Department may adopt regulations to establish the minimum increase in the amount of water to be withdrawn under an expanded water appropriation permit that requires compliance with this subtitle.
Md. Code, Economic Development § 5-571 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-571
§5–571.
Status: in_force

The Authority may establish a surety bonding line to issue or guarantee multiple bonds to a principal within preapproved terms, conditions, and limitations.
Md. Code, Public Utilities § 5-101 — MD Code / Article gpu / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

(a) After providing notice and an opportunity for interested parties to be heard, the Commission may adopt regulations that prescribe standards for safe, adequate, reasonable, and proper service for any class of public service company or gas master meter operator.

(b) The standards adopted under subsection (a) of this section shall best promote, in the opinion of the Commission, the security or convenience of:

(1) the public;

(2) those employed in furnishing services; and

(3) those to whom services are rendered.

(c) The Commission may:

(1) enforce the standards adopted under this section; and

(2) by order, as the Commission considers necessary, require changes and additions in the service of any public service company or gas master meter operator, including:

(i) repairs or improvements in plant;

(ii) increase in motive power; and

(iii) change in schedule or manner of operations.
Md. Code, Family Law § 5-358 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-358
§5–358.
Status: in_force

(a) If, after a hearing on a petition of an adoptee or former parent, a juvenile court is satisfied that the adoptee or blood relative of the adoptee or former parent urgently needs medical information not in local department and juvenile court records, the juvenile court may appoint an intermediary to try to contact the adoptee or a former parent of the adoptee for the information.

(b) An intermediary appointed under this section:

(1) may only advise an adoptee or former parent of the need for medical information; and

(2) may not:

(i) reveal any identifying information about an adoptee or former parent; or

(ii) try, in any manner, to encourage or discourage contact between an adoptee and former parent.

(c) An intermediary appointed under this section shall file with the appointing juvenile court a confidential written report on the intermediary’s efforts to contact an adoptee or former parent.

(d) When a juvenile court receives a report from an intermediary, the juvenile court may disclose to the adoptee or former parent, without revealing identifying information about an adoptee or former parent:

(1) whether the intermediary advised an adoptee or former parent about the need for medical information; and

(2) medical information that the adoptee or a former parent provided.

(e) Notwithstanding any other provision of law, a juvenile court may order an adoptee or former parent to pay a reasonable fee for the services of an intermediary under this section.
Md. Code, Health - General § 5-622 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-622
§5–622.
Status: in_force

(a) (1) To facilitate the use of cloud–based technology for electronic advance directives, the Department shall issue a request for proposals from and contract with an electronic advance directives service or multiple electronic advance directives services to connect with health care providers at the point of care through the State–designated health information exchange.

(2) An electronic advance directives service shall:

(i) Be approved by the Maryland Health Care Commission; and

(ii) Meet the technology, security, and privacy standards set by the Maryland Health Care Commission.

(b) The Department shall carry out appropriate educational and outreach efforts to increase public awareness of an electronic advance directives service recognized by the Maryland Health Care Commission.
Md. Code, Corporations and Associations § 5-6B-22.1 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-22.1
§5–6B–22.
Status: in_force

§5–6B–22.1.

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

(2) “Family child care home” has the meaning stated in § 9.5–301 of the Education Article.

(3) “Family child care provider” has the meaning stated in § 9.5–301 of the Education Article.

(4) “Large family child care home” has the meaning stated in § 9.5–301 of the Education Article.

(b) This section does not apply to a cooperative housing corporation that is restricted for occupancy to individuals over a specified age.

(c) (1) Subject to the provisions of subsections (d) through (f) of this section, a provision in the articles of incorporation or a proprietary lease or a provision of the bylaws of a cooperative housing corporation may not prohibit or restrict:

(i) The establishment and operation of a family child care home or large family child care home; or

(ii) The use of the roads, sidewalks, and other common elements of the cooperative housing corporation by users of the family child care home or large family child care home.

(2) Subject to the provisions of subsection (d) of this section, the operation of a family child care home or large family child care home shall be:

(i) Considered a residential activity; and

(ii) A permitted activity.

(3) A provision in the articles of incorporation or a proprietary lease or a provision of the bylaws of a cooperative housing corporation may not limit the number of children for which a family child care home or large family child care home provides family child care to below the number authorized by the State Department of Education.

(d) A cooperative housing corporation may include in the articles of incorporation or a proprietary lease or the bylaws a provision that:

(1) Requires family child care providers to pay on a pro rata basis based on the total number of family child care homes or large family child care homes operating in the cooperative housing corporation any increase in insurance costs of the cooperative housing corporation that are solely and directly attributable to the operation of family child care homes or large family child care homes in the cooperative housing corporation; and

(2) Imposes a fee for use of common elements in a reasonable amount not to exceed $50 per year on each family child care home or large family child care home that is registered and operating in the cooperative housing corporation.

(e) The cooperative housing corporation may require residents to notify the cooperative housing corporation before opening a family child care home or large family child care home.

(f) (1) A family child care provider in a cooperative housing corporation:

(i) Shall obtain the liability insurance described under §§ 19–106 and 19–203 of the Insurance Article in at least the minimum amounts described under those statutes; and

(ii) May not operate without the liability insurance described under item (i) of this paragraph.

(2) A cooperative housing corporation may not require a family child care provider to obtain insurance in an amount greater than the minimum amount required under paragraph (1) of this subsection.
Md. Code, State Finance and Procurement § 5-506 — MD Code / Article gsf / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

The Department shall provide information to State and local officials and to the public to stimulate public interest and participation in the orderly, integrated development of the State and to foster public awareness and understanding of:

(1) the objectives of the State Development Plan; and

(2) the function of State, regional, and local planning.
Md. Code, Education § 5-101 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: reserved

(a) (1) Subject to the rules and regulations of the State Board and with the advice of the county superintendent, each county board shall prepare an annual budget according to:

(i) The major categories listed in this section; and

(ii) Any other major category required by the State Board.

(2) In addition to the information required by this section, the county fiscal authorities may require the county board to provide details to the service areas and activities levels in the account structure within the “Financial Reporting Manual for Maryland Public Schools”.

(3) With the annual budget, each county board shall provide:

(i) The number of full–time equivalent positions included within each major category; and

(ii) A description of any fund balances or other money held by any outside source, including an insurer, that are undesignated or unreserved and are under the direction and control of the county board.

(4) The State Board shall adopt a process for the uniform reporting of the information in subsection (b) of this section to timely share the information provided by a county board in subsection (b) of this section to a county governing body.

(b) The budget shall be prepared to include the following categories:

Part I

(1) Current expense fund, estimated receipts:

(i) Revenue from local sources;

(ii) Revenue from State sources;

(iii) Revenue from federal sources;

(iv) Unliquidated surplus, the actual from the previous fiscal year and the estimated from the current fiscal year, whether accrued from revenues or expenditures; and

(v) Revenue from all other sources with identification of the source.

(2) Current expense fund, requested appropriations:

(i) Administration, which means those activities associated with the general regulations, direction, and control of the county board, including:

1. Executive administration;

2. Business support services; and

3. Centralized support services;

(ii) Mid–level administration, including:

1. The office of the school principal; and

2. Staff providing administration and supervision to the school instructional programs;

(iii) Instructional salaries, which means those activities which deal directly with teaching students, including:

1. Teachers;

2. Aides;

3. Psychological personnel;

4. Guidance counselors; and

5. Library personnel;

(iv) Textbooks and classroom instructional supplies;

(v) Other instructional costs;

(vi) Special education with subcategories and items budgeted in this category to be determined by the State Board with the advice of the county board;

(vii) Student personnel services;

(viii) Health services;

(ix) Student transportation;

(x) Operation of plant and equipment;

(xi) Maintenance of plant;

(xii) Fixed charges;

(xiii) Food services; and

(xiv) Capital outlay.

(3) Current funds held in reserve, including:

(i) Revenue to and expenditures from funds held in reserve in the prior fiscal year; and

(ii) Appropriations planned in the upcoming fiscal year from funds held in reserve.

(4) The amount of any federal funds received in the last fiscal year, including:

(i) Expenditures of the federal funds in the prior fiscal year;

(ii) A description of whether the federal funds are committed for a particular purpose; and

(iii) The anticipated timing to appropriate the federal funds in the upcoming fiscal year.

(5) The amount of funds held in trust or otherwise dedicated toward long–term obligations for retiree health care costs or other postemployment benefits, and information used to calculate the county board’s obligation for those costs.

Part II

(6) School construction fund, estimated receipts:

(i) Revenue from local sources;

(ii) Sale of bonds;

(iii) State General Public School Construction Loan;

(iv) Revenue from State sources;

(v) Revenue from federal sources;

(vi) Unliquidated surplus, the actual from the previous fiscal year and the estimated for the current fiscal year, whether accrued from revenues or expenditures; and

(vii) Funds from all other sources, with identification of the source.

(7) School Construction Fund, requested appropriations:

(i) Land for school sites;

(ii) Buildings and the equipment that will be an integral part of a building by project;

(iii) School site improvement by project;

(iv) Remodeling by project;

(v) Additional equipment by project;

(vi) Debt service; and

(vii) An amount that is adequate to satisfy a final court judgment that, after exhaustion of the rights of appeal, is rendered against the county board of education or any of its officers or employees.

(c) In addition to all other information required by this section, the Montgomery County Board of Education, on request of the County Executive and County Council, shall provide with the annual budget the program implications of recommendations for reductions to or increases in its annual budget, at whatever different levels of funding and accompanied by whatever reasonable supporting detail and analysis, as may be specified by the County Executive and County Council. Prior to the submission of the annual budget, similar information shall be submitted by the Superintendent of Schools upon request by the County Executive or County Council.

(d) The budget document shall contain an addendum showing estimated expenditures for special education as defined by the “Financial Reporting Manual for Maryland Public Schools”.

(e) In addition to all other information required by this section, the Cecil County Board of Education, on request of the Cecil County Board of Estimates, shall provide with the annual budget separate information on the number of and costs associated with school–based noninstructional personnel.

(f) (1) In addition to all other information required by this section, the Prince George’s County Board of Education shall provide to the County Executive and County Council with the annual budget, information relating to each of the following categories:

(i) Instructional supplies and materials;

(ii) Additional equipment;

(iii) Replacement equipment; and

(iv) Availability payments related to any public–private partnership agreement entered into under §§ 4–126 and 4–126.1 of this article.

(2) For the categories specified in paragraph (1) of this subsection, the following information shall be provided for the public school system in the county:

(i) Proposed expenditures for the next school year based on the annual budget;

(ii) Estimated expenditures for the current school year; and

(iii) Actual expenditures for the prior school year.
Md. Code, Public Utilities § 5-205 — MD Code / Article gpu / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) Without prior authorization of the Commission, a person may not transfer a controlling interest in a water company or sewage disposal company to another person.

(b) The Commission may authorize the transfer of a controlling interest in a water company or sewage disposal company if the Commission finds that the transfer is consistent with the public convenience and necessity.
Md. Code, Environment § 5-303 — MD Code / Article gen / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

(a) There is a commission consisting of 3 members to act jointly with commissions appointed for like purposes by the state of West Virginia, the commonwealths of Pennsylvania and Virginia, the District of Columbia, and an additional 3 members to be appointed by the President of the United States and which, together with the other commissions appointed as mentioned, shall constitute and be known as the Interstate Commission on the Potomac River Basin. The Commission for the State of Maryland shall consist of the Governor of the State and 2 members to be named by the Governor, who shall be actual residents in the Potomac River Drainage Basin. The terms of the members appointed by the Governor shall be 2 years, the first of the appointments of 2 members to be made on June 1, 1939, and they shall serve without compensation, but shall be paid their actual expenses incurred in and incident to the performance of their duties as set forth. This State shall contribute to the Interstate Commission on the Potomac River Basin its pro rata share of the expenses of the Commission, which shall be the sums as may be appropriate for the purpose in the State budget.

(b) The Governor of the State is authorized and directed to execute a compact on behalf of the State of Maryland with the other states and the District referred to, who may by their legislative bodies so authorize a compact in form substantially as follows:

A COMPACT

WHEREAS, It is recognized that abatement of existing pollution and the control of future pollution of interstate streams can best be promoted through a joint agency representing the several states located wholly or in part within the area drained by any such interstate stream; and

WHEREAS, The Congress of the United States has given its consent to the states of Maryland and West Virginia, the commonwealths of Pennsylvania and Virginia, and the District of Columbia to enter into a compact providing for the creation of a conservancy district to consist of the drainage basin of the Potomac River and the main and tributary streams therein, for “the purpose of regulating, controlling, preventing, or otherwise rendering unobjectionable and harmless the pollution of the waters of said Potomac drainage area by sewage and industrial and other wastes”; and

WHEREAS, The regulation, control and prevention of pollution is directly affected by the quantities of water in said streams and the uses to which such water may be put, thereby requiring integration and co-ordination of the planning for the development and use of the water and associated land resources through co-operation with, and support and co-ordination of, the activities of federal, state, local and private agencies, groups, and interests concerned with the development, utilization and conservation of the water and associated land resources of the said conservancy district;

NOW THEREFORE, the states of Maryland and West Virginia, the commonwealths of Pennsylvania and Virginia, and the District of Columbia, hereinafter designated signatory bodies, do hereby create the Potomac Valley Conservancy District, hereinafter designated the Conservancy District, comprising all of the area drained by the Potomac River and its tributaries; and also, do hereby create, as an agency of each signatory body, the Interstate Commission on the Potomac River Basin, hereinafter designated the Commission, under the articles of organization as set forth below.

Article I.

The Interstate Commission on the Potomac River Basin shall consist of three members from each signatory body and three members appointed by the President of the United States. Said Commissioners, other than those appointed by the President, shall be chosen in a manner and for the terms provided by law of the signatory body from which they are appointed and shall serve without compensation from the Commission but shall be paid by the Commission their actual expenses incurred and incident to the performance of their duties.

(a) The Commission shall meet and organize within thirty days after the effective date of this compact, shall elect from its number a chairman and vice-chairman, shall adopt suitable bylaws, shall make, adopt and promulgate such rules and regulations as are necessary for its management and control, and shall adopt a seal.

(b) The Commission shall appoint and, at its pleasure, remove or discharge such officers and legal, engineering, clerical, expert and other assistants as may be required to carry the provisions of this compact into effect, and shall determine their qualifications and fix their duties and compensation. Such personnel as may be employed shall be employed without regard to any civil service or other similar requirements for employees of any of the signatory bodies. The Commission may maintain one or more offices for the transaction of its business and may meet at any time or place within the area of the signatory bodies.

(c) The Commission shall keep accurate accounts of all receipts and disbursements and shall make an annual report thereof and shall in such report set forth in detail the operations and transactions conducted by it pursuant to this compact. The Commission, however, shall not incur any obligations for administrative or other expenses prior to the making of appropriations adequate to meet the same nor shall it in any way pledge the credit of any of the signatory bodies. Each of the signatory bodies reserves the right to make at any time an examination and audit of the accounts of the Commission.

(d) A quorum of the Commission shall, for the transaction of business, the exercise of any powers, or the performance of any duties, consist of at least six members of the Commission who shall represent at least a majority of the signatory bodies; provided, however, that no action of the Commission relating to policy or stream classification or standards shall be binding on any one of the signatory bodies unless at least two of the Commissioners from such signatory body shall vote in favor thereof.

Article II.

The Commission shall have the power:

(a) To collect, analyze, interpret, co-ordinate, tabulate, summarize and distribute, technical and other data relative to, and to conduct studies, sponsor research and prepare reports on, pollution and other water problems of the Conservancy District.

(b) To co-operate with the legislative and administrative agencies of the signatory bodies, or the equivalent thereof, and with other commissions and federal, local governmental and nongovernmental agencies, organizations, groups and persons for the purpose of promoting uniform laws, rules or regulations for the abatement and control of pollution of streams and the utilization, conservation and development of the water and associated land resources in the said Conservancy District.

(c) To disseminate to the public information in relation to stream pollution problems and the utilization, conservation and development of the water and associated land resources of the Conservancy District and on the aims, views, purposes, and recommendations of the Commission in relation thereto.

(d) To co-operate with, assist, and provide liaison for and among, public and nonpublic agencies and organizations concerned with pollution and other water problems in the formulation and co-ordination of plans, programs and other activities relating to stream pollution or to the utilization, conservation or development of water or associated land resources, and to sponsor co-operative action in connection with the foregoing.

(e) In its discretion and at any time during or after the formulation thereof, to review and to comment upon any plan or program of any public or private agency or organization relating to stream pollution or the utilization, conservation or development of water or associated land resources.

(f) (1) To make and, if needful from time to time, revise and to recommend to the signatory bodies, reasonable minimum standards for the treatment of sewage and industrial or other wastes now discharged or to be discharged in the future to the streams of the Conservancy District, and also for cleanliness of the various streams in the Conservancy District.

(2) To establish reasonable physical, chemical and bacteriological standards of water quality satisfactory for various classifications of use. It is agreed that each of the signatory bodies through appropriate agencies will prepare a classification of its interstate waters in the District in entirety or by portions according to present and proposed highest use, and for this purpose technical experts employed by appropriate state water-pollution control agencies are authorized to confer on questions relating to classification of interstate waters affecting two or more states. Each signatory body agrees to submit its classification of its interstate waters to the Commission with its recommendations thereon.

The Commission shall review such classification and recommendations and accept or return the same with its comments. In the event of return, the signatory body will consider the comments of the Commission and resubmit the classification proposal, with or without amendment, with any additional comments for further action by the Commission.

It is agreed that after acceptance of such classification, the signatory body through its appropriate state water-pollution control agencies will work to establish programs of treatment of sewage and industrial wastes which will meet or exceed standards established by the Commission for classified waters. The Commission may from time to time make such changes in definitions of classifications and in standards as may be required by changed conditions or as may be necessary for uniformity and in a manner similar to that in which these standards and classifications were originally established.

It is recognized, owing to such variable factors as location, size, character and flow and the many varied uses of the waters subject to the terms of this compact, that no single standard of sewage and waste treatment and no single standard of quality of receiving waters is practical and that the degree of treatment of sewage and industrial wastes should take into account the classification of the receiving waters according to present and proposed highest use, such as for drinking water supply, bathing and other recreational purposes, maintenance and propagation of fish life, industrial and agricultural uses, navigation and disposal of wastes.

Article III.

For the purpose of dealing with the problems of pollution and of water and associated land resources in specific areas which directly affect two or more, but not all, signatory bodies, the Commission may establish sections of the Commission consisting of the Commissioners from such affected signatory bodies, provided, however, that no signatory body may be excluded from any section in which it wishes to participate. The Commissioners appointed by the President of the United States may participate in any section. The Commission shall designate, and from time to time may change, the geographical area with respect to which each section shall function. Each section shall, to such extent as the Commission may from time to time authorize, have authority to exercise and perform with respect to its designated geographical area any power or function vested in the Commission, and in addition may exercise such other powers and perform such functions as may be vested in such section by the laws of any signatory body or by the laws of the United States. The exercise or performance by a section of any power or function vested in the Commission may be financed by the Commission, but the exercise or performance of powers or functions vested solely in a section shall be financed through funds provided in advance by the bodies, including the United States, participating in such section.

Article IV.

The moneys necessary to finance the Commission in the administration of its business in the Conservancy District shall be provided through appropriations from the signatory bodies and the United States, in the manner prescribed by the laws of the several signatory bodies and of the United States, and in amounts as follows:

The pro rata contribution shall be based on such factors as population, the amount of industrial and domestic pollution; and a flat service charge, as shall be determined from time to time by the Commission, subject, however, to the approval, ratification and appropriation of such contribution by the several signatory bodies.

Article V.

Pursuant to the aims and purposes of this compact, the signatory bodies mutually agree:

1. Faithful co-operation in the abatement of existing pollution and the prevention of future pollution in the streams of the Conservancy District and in the planning for the utilization, conservation and development of the water and associated land resources thereof.

2. The enactment of adequate and, insofar as is practicable, uniform legislation for the abatement and control of pollution and control and use of such streams.

3. The appropriation of biennial sums on the proportionate basis as set forth in Article IV.

Article VI.

This compact shall become effective immediately after it shall have been ratified by the majority of the legislatures of the states of Maryland and West Virginia, the commonwealths of Pennsylvania and Virginia, and by the Commissioners of the District of Columbia, and approved by the Congress of the United States; provided, however, that this compact shall not be effective as to any signatory body until ratified thereby.

Article VII.

Any signatory body may by legislative act, after one year’s notice to the Commission, withdraw from this compact.
Md. Code, Natural Resources § 5-405 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

For his services in making examinations, as provided in § 5-403(a) of this subtitle, the Department shall pay the forest warden upon presentation and approval of his accounts with vouchers, for services in planting roadside trees, trimming, spraying, or otherwise caring for existing roadside trees, as provided in § 5-403(b) of this subtitle. The applicant who guarantees the cost of work shall reimburse the Department for the services of the forest warden and his helpers upon presentation of the forest warden’s accounts with vouchers, and upon the approval of the Department. The applicant shall pay for the forest warden’s services in examining conditions serving as a basis for permits applied for under § 5-406 of this subtitle, for issuing permits, and for supervising work authorized by the permits. The Department shall determine the rate to be paid under this section.
Md. Code, Correctional Services § 5-101 — MD Code / Article gcs / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Commissioner” means the Commissioner of Pretrial Detention and Services.

(c) “Division” means the Division of Pretrial Detention and Services.
Md. Code, Economic Development § 5-402 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

This subtitle shall be liberally construed to accomplish its purposes.
Md. Code, Family Law § 5-1035 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1035
§5–1035.
Status: in_force

(a) In an order passed under this subtitle, the court may include a provision, directed to any party, regarding:

(1) custody of the child;

(2) visitation privileges with the child;

(3) giving bond; or

(4) any other matter that is related to the general welfare and best interests of the child.

(b) In an order passed under this subtitle, the court may order any party:

(1) to remain in this State; or

(2) to report to the court any change of address.
Md. Code, Public Safety § 5-605 — MD Code / Article gps / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

(a) A respondent under § 5–604 of this subtitle shall have an opportunity to be heard on the question of whether the judge should issue a final extreme risk protective order.

(b) (1) (i) The temporary extreme risk protective order shall state the date and time of the final extreme risk protective order hearing.

(ii) Except as provided in § 5–604(c) of this subtitle and subparagraph (iii) of this paragraph, or unless continued for good cause, the final extreme risk protective order hearing shall be held not later than 7 days after the temporary extreme risk protective order is served on the respondent.

(iii) On request of the respondent, a final extreme risk protective order hearing may be rescheduled for a date not later than 30 days after the date on which the hearing was initially scheduled.

(2) The temporary extreme risk protective order shall include notice to the respondent:

(i) in at least 10 point bold type, that if the respondent fails to appear at the final extreme risk protective order hearing, a final extreme risk protective order may be entered in the respondent’s absence and the respondent may be served by first–class mail at the respondent’s last known address with the final extreme risk protective order and all other notices concerning the final extreme risk protective order;

(ii) of the contents of a final extreme risk protective order;

(iii) that the final extreme risk protective order shall be effective for the period stated in the order, not to exceed 1 year, unless the judge extends the term of the order under § 5–606(a)(2) of this subtitle;

(iv) that the respondent may consult an attorney regarding any matter related to the order, and that an attorney should be contacted promptly so that the attorney may assist the respondent;

(v) of the requirements for surrendering firearms and ammunition in the respondent’s possession to law enforcement authorities;

(vi) of the process for reclaiming firearms and ammunition on the expiration or termination of the order; and

(vii) in at least 10 point bold type, that the respondent must notify the court in writing of any change of address.

(c) (1) If the respondent appears before the court at a final extreme risk protective order hearing or has been served with an interim or temporary extreme risk protective order or if the court otherwise has personal jurisdiction over the respondent, the judge:

(i) may proceed with the final extreme risk protective order hearing; and

(ii) may enter a final extreme risk protective order to prohibit the respondent from possessing a firearm if the judge finds by clear and convincing evidence that the respondent poses a danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm.

(2) In determining whether to enter a final extreme risk protective order under this section, the judge shall consider:

(i) all relevant evidence presented by the petitioner and respondent; and

(ii) the amount of time that has elapsed since any of the events described in the petition.

(3) The final extreme risk protective order shall:

(i) order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent’s possession; and

(ii) prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the interim extreme risk protective order.

(4) If the judge finds probable cause to believe that the respondent meets the requirements for emergency evaluation under Title 10, Subtitle 6 of the Health – General Article, the judge may refer the respondent for emergency evaluation.

(d) (1) Before granting, denying, or modifying a final extreme risk protective order under this section, the court may review all relevant open and shielded court records involving the petitioner and the respondent, including records of proceedings under:

(i) the Criminal Law Article;

(ii) Title 3, Subtitle 15 of the Courts Article;

(iii) Title 4, Subtitle 5 of the Family Law Article;

(iv) Title 10, Subtitle 6 of the Health – General Article; and

(v) this article.

(2) The court’s failure to review records under this subsection does not affect the validity of an order issued under this section.

(e) (1) A copy of the final extreme risk protective order shall be served on the petitioner, the respondent, the appropriate law enforcement agency, and any other person the judge determines is appropriate in open court or, if the person is not present at the final extreme risk protective order hearing, by first–class mail to the person’s last known address.

(2) (i) A copy of the final extreme risk protective order served on the respondent in accordance with paragraph (1) of this subsection constitutes actual notice to the respondent of the contents of the final extreme risk protective order.

(ii) Service is complete on mailing.

(f) (1) Except as provided in paragraph (2) of this subsection, all relief granted in a final extreme risk protective order shall be effective for the period stated in the order, not to exceed 1 year.

(2) A subsequent circuit court order pertaining to any of the provisions included in the final extreme risk protective order shall supersede those provisions in the final extreme risk protective order.
Md. Code, Local Government § 5-101 — MD Code / Article glg / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

A municipality may impose a property tax to pay a judgment or decree against it in the State.
Md. Code, General Provisions § 5-812 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-812
§5–812.
Status: in_force

(a) If the Ethics Commission determines that a county or municipal corporation has not complied with and has not made good–faith efforts toward compliance with the requirements of this part, 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; and

(2) 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, Natural Resources § 5-1210 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1210
§5–1210.
Status: in_force

The purposes of Part II of this subtitle are supplemental to the purposes for which State forests and units of the State park and wildlife refuge systems are established and administered. Nothing in Part II of this subtitle may interfere with either the purpose for which State forests are established or modify the statutory authority under which units of the State park system are created and continued. The designation of any area of any park, monument, or other unit of the State park system as wildlands may not lower the standards evolved for the use and preservation of the park, monument, or other unit of the State park system.
Md. Code, Financial Institutions § 5-1004 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1004
§5–1004.
Status: in_force

A banking institution may establish a branch in another state by any means permitted by the laws of that state or by federal law.
Md. Code, Natural Resources § 5-903 — MD Code / Article gnr / Title 5 / Subtitle 9 / Section 5-903
§5–903.
Status: reserved

(a) (1) (i) Of the funds distributed to Program Open Space under § 13–209 of the Tax – Property Article, up to $3,000,000 may be transferred by an appropriation in the State budget, or by an amendment to the State budget under Title 7, Subtitle 2 of the State Finance and Procurement Article, to the Maryland Heritage Areas Authority Financing Fund established under Title 13, Subtitle 11 of the Financial Institutions Article to be used for the purposes provided in that subtitle.

(ii) Of the amount transferred under subparagraph (i) of this paragraph, up to $300,000 may be distributed to the Maryland Historical Trust within the Department of Planning to be awarded as noncapital historic preservation grants.

(2) (i) 1. Of the remaining funds not appropriated under paragraph (1)(i) of this subsection:

A. One half of the funds shall be used for recreation and open space purposes by the Department and the Historic St. Mary’s City Commission; and

B. 20% of the funds or $21,000,000, whichever is greater, shall be appropriated to the Forest and Park Service in the Department to operate State forests and parks.

2. Except as otherwise provided in this section, any funds the General Assembly appropriates to the State under this subsection shall be used only for land acquisition projects.

(ii) 1. As specified in subsubparagraph 2 of this subparagraph, a portion of the State’s share of funds available under subparagraph (i)1A of this paragraph for this program shall be utilized to make grants to Baltimore City for projects which meet park purposes. The grants shall be in addition to any funds Baltimore City is eligible to receive under subsection (b) of this section, and may be used for acquisition or development. In order for Baltimore City to be eligible for a State grant, the Department shall review projects or land to be acquired within Baltimore City, and upon the Department’s recommendation, the Board of Public Works may approve projects and land including the cost. Title to the land shall be in the name of the Mayor and City Council of Baltimore City. The State is not responsible for costs involved in the development or maintenance of the land.

2. The grants to Baltimore City under subsubparagraph 1 of this subparagraph shall be made in the following amounts:

A. For fiscal year 2017, $1,500,000;

B. For fiscal year 2018, $3,500,000;

C. For fiscal year 2019, $5,500,000;

D. For fiscal years 2020 through 2023, $6,000,000; and

E. For fiscal year 2024 and each fiscal year thereafter, $10,000,000.

3. The grants made under this subparagraph supplement rather than supplant any other funding for park purposes in Baltimore City, no matter the source.

4. For fiscal year 2018, the grant funds to Baltimore City in excess of $1,500,000 under subsubparagraph 1 of this subparagraph may only be used for capital purposes related to the following projects in the amounts specified:

A. $400,000 for Herring Run Park;

B. $500,000 for Clifton Park;

C. $300,000 for Druid Hill Park Trail Head;

D. $300,000 for athletic field renovations at Gwynns Falls Park;

E. $300,000 for Patterson Park; and

F. $200,000 for field lights and other improvements at Frederic B. Leidig Recreation Center.

5. For fiscal year 2019, a portion of the grant funds to Baltimore City in excess of $1,500,000 under subsubparagraph 1 of this subparagraph may only be used for capital purposes related to the following projects in the amounts specified:

A. $100,000 for Herring Run Park;

B. $100,000 for Clifton Park; and

C. $100,000 for field lights and other improvements at Frederic B. Leidig Recreation Center.

(iii) 1. A portion of the State’s share of funds available under subparagraph (i)1A of this paragraph for this program not to exceed $8,000,000 for each fiscal year may be transferred by an appropriation in the State budget to the Rural Legacy Program under Subtitle 9A of this title.

2. In each fiscal year, up to $2 million of the funds transferred under this subparagraph to the Rural Legacy Program may be used to purchase zero coupon bonds for easements.

3. Sums allocated to the Rural Legacy Program may not revert to the General Fund of the State.

(iv) In addition to the $3,000,000 under paragraph (1)(i) of this subsection that may be transferred to the Maryland Heritage Areas Authority Financing Fund, up to $3,000,000 of the State’s share of funds available under subparagraph (i)1A of this paragraph may be transferred by an appropriation in the State budget or by an amendment to the State budget under Title 7, Subtitle 2 of the State Finance and Procurement Article to the Maryland Heritage Areas Authority Financing Fund established under Title 13, Subtitle 11 of the Financial Institutions Article to be used for the purposes provided in that subtitle.

(v) The Department may acquire real property under subparagraph (i)1A of this paragraph based on an offer by the State that is less than the lowest approved appraisal for the property.

(vi) A portion of the State’s share of funds available under subparagraph (i)1A of this paragraph for this program shall be transferred by an appropriation in the State budget to the Greenspace Equity Program established under Subtitle 9D of this title as follows:

1. For fiscal year 2025, up to $5,000,000;

2. For fiscal year 2026, up to $7,000,000; and

3. For fiscal year 2027 and each fiscal year thereafter, up to $10,000,000.

(b) (1) The General Assembly shall appropriate the remaining funds not appropriated under subsection (a) of this section to assist local governing bodies in acquisition and development of land for recreation and open space purposes, including the provision of public access to the land.

(2) Except as provided in paragraph (3) of this subsection, funds appropriated under paragraph (1) of this subsection for development of land for recreation and open space purposes may be used for indoor or outdoor recreation and open space purposes, including the construction of indoor or outdoor recreational facilities such as aquatic, golf, community, and nature centers.

(3) An indoor recreational facility funded under paragraph (1) of this subsection shall:

(i) If the facility is 7,500 square feet or greater, meet or exceed the current version of the U.S. Green Building Council’s LEED Green Building Rating System Silver rating, however, the facility is not required to be certified through the LEED certification process; and

(ii) Incorporate, to the maximum extent practicable, the nonstructural site design practices in the Maryland Stormwater Design Manual, incorporated by reference in COMAR 26.17.02.

(c) (1) A committee, appointed by the Governor, shall prepare and adopt an apportionment formula relating to the percent of the total funds each subdivision will receive. The committee consists of two members of the Senate, three members of the House of Delegates, and four members of the public at large.

(2) The Secretary of the Department of Planning and the Secretary shall serve as advisers to the committee.

(3) The committee shall meet at least annually to review and update the apportionment formula. In determining the allocation formula, the committee shall take into account for each subdivision:

(i) Current population;

(ii) Projected population; and

(iii) Other factors it deems desirable.

(4) In determining the apportionment for any year the committee may consider under–utilization of available funds and may transfer or advance unused allocations that have not been utilized within a given period. The committee may reallocate funds, subject however to the policy that over the 10–year period any subdivision shall be allocated in the aggregate the funds it would have been entitled to receive if able to utilize them.

(5) Before adopting an apportionment formula and before allocating funds for any year, the committee shall notify the governing bodies of every affected subdivision of its intended action and, after reasonable notice, afford an opportunity for hearings on the apportionment or allocation.

(d) Any funds previously or subsequently appropriated or reimbursed to the Department from the Land and Water Conservation Fund of the United States Department of the Interior, National Park Service shall be used to supplement the acquisition and development program of the Department and of other eligible State agencies and local government bodies.

(e) (1) The Department may, with the approval of the Board of Public Works, use acquisition funds to make matching or refundable grants to land trusts for the acquisition of interests or rights in real property for recreational or open space purposes.

(2) Subject to the availability of funds and in accordance with other provisions of this article regarding open space and wildland areas, the Department may enter into agreements with a land trust for the State to acquire title to or an interest or right in property owned by the land trust or property on which the land trust holds an option or a contract to purchase.

(3) An agreement under this subsection shall be subject to approval by the Board of Public Works under § 1–109(d) of this article.

(f) (1) Subject to the limitation under paragraph (2) of this subsection, the Department may use acquisition funds to:

(i) Stabilize the structural integrity of improvements existing on land at the time of acquisition;

(ii) Eliminate hazards to health and safety, including treatment and removal of hazardous materials;

(iii) Protect water quality by implementing environmental improvements, including shore erosion control measures and vegetated buffers; and

(iv) Provide public access to the recreational and open space uses of the acquired land.

(2) The costs to perform any of the activities described in paragraph (1) of this subsection may not exceed 10 percent of the purchase price of the land.

(3) The Department may use acquisition funds to enhance public access to existing recreational and open space sites.

(g) (1) Any amount appropriated in the State budget, and for each subsequent fiscal year, up to 25 percent of the State’s share of funds that would be available under the program if 100 percent of the funds not required under § 13–209(b) of the Tax – Property Article were available for distribution as provided in § 13–209(d) of the Tax – Property Article may be used for capital improvements on land owned by the State for the use of the Department, the Maryland Historical Trust for museums operated by the Trust, or the Historic St. Mary’s Commission, if the improvements are:

(i) Approved in the State budget; and

(ii) Compatible with:

1. Any master plan developed for the land; and

2. The natural features of the land.

(2) (i) For the fiscal year commencing July 1, 1996, up to 12.5% of the State’s share of funds available for capital improvements may be used to operate State forests and parks, but only if the funds expended for operating costs do not exceed the portion of the State allocation available under this subsection that is derived from current revenues, as distinguished from proceeds of bond issues.

(ii) For the fiscal year commencing July 1, 1997, up to $1,000,000 of the State’s share of funds available for capital improvements may be used to operate State forests and parks, but only if the funds expended for operating costs do not exceed the portion of the State allocation available under this subsection that is derived from current revenues, as distinguished from proceeds of bond issues.

(iii) For the fiscal year commencing July 1, 1998, and all subsequent fiscal years, up to $1,200,000 of the State’s share of funds available for capital improvements may be used to operate State forests and parks, but only if the funds expended for operating costs do not exceed the portion of the State allocation available under this subsection that is derived from current revenues, as distinguished from proceeds of bond issues.

(iv) The only wages that can be paid with the portion of the State’s share of funds authorized under subparagraphs (ii) and (iii) of this paragraph are the wages of employees in the State forests and parks.

(3) If the General Assembly amends the Budget Bill to strike out an improvement or operating costs under this subsection submitted by the Governor, the Governor may consider reallocating the funds through a supplemental budget for the same fiscal year:

(i) To finance specific alternative land acquisition, development projects, or operating costs; or

(ii) To the Advance Option and Purchase Fund established under § 5–904(b) of this subtitle.

(h) In allocating the State’s share of funds under this section, the Secretary shall consider the following land conservation priorities, notwithstanding other priorities specified in this title:

(1) Conserving working landscapes, as defined in § 5–101 of this title;

(2) Protecting and restoring forests from threats, including catastrophic wildfires, hurricanes, windstorms, snow or ice storms, flooding, drought, invasive species, insect or disease outbreak, and development; and

(3) Conserving land that drains into a reservoir in the State.

(i) (1) Notwithstanding any other provision of this section or the allocation formulas in § 13–209 of the Tax – Property Article and subject to paragraph (2) of this subsection, the Governor may transfer to the Department funds from the Program Open Space State land acquisition balance if:

(i) The balance is more than $80,000,000 at the end of a given fiscal year; and

(ii) The Department’s existing special fund sources are insufficient to cover existing salaries for permanent, classified positions responsible for operating and maintaining lands administered and managed by the Department.

(2) After a fund transfer under paragraph (1) of this subsection, the remaining balance must be at least $80,000,000.

(3) (i) The Department may use any amount of the transferred funds as a one–time fiscal year expenditure for:

1. Operation and maintenance of lands administered and managed by the Department;

2. Administrative expenses related to land acquired by the Department under Program Open Space; or

3. Law enforcement activities, services, salaries, and related expenses of the Natural Resources Police.

(ii) The Department may transfer any amount of the transferred funds to the Forest or Park Reserve Fund established under § 5–212 of this title.

(4) Any fund transfer made under this subsection supplements rather than supplants any other funding for operation, maintenance, and administration of lands administered and managed by the Department regardless of the source of the other funding.
Md. Code, Insurance § 5-1004 — MD Code / Article gin / Title 5 / Subtitle 10 / Section 5-1004
§5–1004.
Status: in_force

(a) A surety insurer may execute transportation or warehousing bonds for federal internal revenue taxes in a net amount not exceeding 20% of the surety insurer’s surplus to policyholders, determined under § 5-1003(a)(2) of this subtitle.

(b) The net amount of exposure on any one surety risk shall be deemed within the 10% limit established by § 5-1003(a)(1) of this subtitle if the surety insurer is protected in excess of that amount:

(1) by authorized reinsurance;

(2) by the cosuretyship of another surety insurer authorized to engage in the surety insurance business in the State;

(3) by a deposit of property with the surety insurer in pledge or a conveyance of property to the surety insurer in trust for the protection of the surety insurer;

(4) by a conveyance or mortgage of property for the protection of the surety insurer; or

(5) if a suretyship or guaranty obligation was made on behalf of or on account of a fiduciary holding property in a trust capacity, by a deposit or other disposition of a part of the property held in trust that prohibits the sale, mortgage, or other disposition of the property without the consent of the surety insurer or a court order or decree.

(c) In determining the net amount of exposure on any one surety risk:

(1) when the amount of a suretyship obligation exceeds the actual amount of the judgment that is being appealed and that is secured by a bond, or exceeds the amount of the subject matter in controversy, or exceeds the amount of the estate held by the fiduciary for the performance of whose duties a bond is conditioned, the actual amount of the judgment, the subject matter in controversy, or the estate not subject to the supervision or control of the surety insurer shall be used as the basis for determining whether the risk exceeds the 10% limit established by § 5-1003(a)(1) of this subtitle; and

(2) when the amount of a suretyship obligation required for the performance of a contract exceeds the contract price, the contract price shall be used as the basis for determining whether the risk exceeds the 10% limit established by § 5-1003(a)(1) of this subtitle.

(d) In addition to any other limitation contained in this article, a surety insurer may not be exposed at any one time to risks on suretyship obligations that guaranty the deposits of a single financial institution in an aggregate net amount exceeding 10% of the surety insurer’s surplus to policyholders, determined under § 5-1003(a)(2) of this subtitle, unless the surety insurer is protected in excess of that amount as provided in subsection (b) of this section.
Md. Code, Economic Development § 5-1404 — MD Code / Article gec / Title 5 / Subtitle 14 / Section 5-1404
§5–1404.
Status: in_force

(a) On or after July 1, 2015, a qualified institution shall apply jointly with a county, a municipal corporation, or the economic development agency of a county or municipal corporation to the Secretary to designate an area as a Regional Institution Strategic Enterprise zone.

(b) The application shall:

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

(2) state the boundaries of the area of the proposed RISE zone, not exceeding 500 acres;

(3) describe the nexus of the RISE zone with the qualified institution; and

(4) contain a plan that identifies the target strategy and anticipated economic impacts of the RISE zone.

(c) The Secretary may establish, by regulation, any other requirements necessary and appropriate for an area to be designated as a RISE zone.

(d) (1) Unless a county in which a municipal corporation is located agrees to designation of a RISE zone in the municipal corporation, qualified property in the municipal corporation may not receive a tax credit against county property tax.

(2) Unless a municipal corporation located within a county agrees to designation of a RISE zone within its boundaries, qualified property in the county may not receive a tax credit against the municipal property tax.

(e) (1) Within 120 days after submission of an application under this section, the Secretary shall:

(i) approve or reject an application for designation of a RISE zone, including approval or modification of the proposed boundaries of the RISE zone; and

(ii) define the boundaries of the approved RISE zone.

(2) At least 45 days before approval or rejection of an application under this section, the Secretary shall notify the Legislative Policy Committee.

(3) The Legislative Policy Committee may provide advice to the Secretary regarding:

(i) the approval or rejection of the RISE zone; or

(ii) the boundaries of the RISE zone proposed by the Secretary.

(f) (1) (i) Subject to subparagraph (ii) of this paragraph, the designation of an area as a RISE zone is effective for 10 years.

(ii) Upon a joint application of a qualified institution, a county and, if applicable, a municipal corporation, or the economic development agency of a county or municipal corporation, the Secretary may renew a RISE zone for an additional 5 years.

(2) The Secretary may not:

(i) 1. except as provided in item 2 of this item, approve more than three RISE zones in a single county or municipal corporation; or

2. approve more than four RISE zones in Baltimore City; or

(ii) approve a RISE zone the geographic area of which exceeds 500 acres.

(g) (1) A RISE zone may not be required to be in the immediate geographic proximity of a qualified institution if an appropriate nexus for the increased economic and community development is established with the qualified organization.

(2) If the proposed RISE zone is in a rural part of the State, a qualified institution may not be required to be in the immediate area of the RISE zone.

(h) The Secretary may not designate a RISE zone in:

(1) a development district established under Title 12, Subtitle 2 of this article; or

(2) a special taxing district established under Title 21 of the Local Government Article or Section 62A of the Baltimore City Charter.

(i) The designation of an area as a RISE zone may not be construed to limit or supersede a provision of a comprehensive plan, zoning ordinance, or other land use policy adopted by a county, municipal corporation, or bicounty agency with land use authority over the area designated as a RISE zone.
Md. Code, Courts and Judicial Proceedings § 5-402 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

(a) A merchant or an agent or employee of the merchant who detains or causes the arrest of any person shall not be held civilly liable for detention, slander, malicious prosecution, false imprisonment, or false arrest of the person detained or arrested, whether the detention or arrest takes place by the merchant or by his agent or employee, if in detaining or in causing the arrest of the person, the merchant or the agent or employee of the merchant had, at the time of the detention or arrest, probable cause to believe that the person committed the crime of “theft,” as prohibited by § 7-104 of the Criminal Law Article, of property of the merchant from the premises of the merchant.

(b) An owner or lessee of a motion picture theater or an agent or employee of the owner or lessee who detains or causes the arrest of any person may not be held civilly liable for detention, defamation, malicious prosecution, false imprisonment, or false arrest of the person detained or arrested, if in detaining or causing the arrest of the person, the owner, lessee, agent, or employee had, at the time of the detention or arrest, probable cause to believe that the person committed in the motion picture theater a violation of § 7-308(e) of the Criminal Law Article.
Md. Code, Natural Resources § 5-9B-03 — MD Code / Article gnr / Title 5 / Subtitle 9B / Section 5-9B-03
§5–9B–03.
Status: in_force

(a) The sponsor shall submit applications to appropriate State and local units and consider any recommendations made regarding the applications.

(b) An easement acquired under this subtitle is perpetual and may not be extinguished or released.

(c) (1) In a county with a locally adopted transferable development rights program and with the approval of the county, funds under a program may be used to purchase transferable development rights in the county in accordance with the locally adopted transferable development rights program.

(2) The right to resell the development right, if any, shall be stated in the instrument of purchase.

(3) Transferable development rights may be resold only to owners or option purchasers of real property located in priority funding areas, including municipal corporations, within the county in which the rights were purchased.

(d) All easement acquisitions must be recorded among the land records where the real property is located.
Md. Code, Economic Development § 5-2306 — MD Code / Article gec / Title 5 / Subtitle 23 / Section 5-2306
§5–2306.
Status: in_force

§5–2306. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTERS 430 AND 431 OF 2023 //

On or before July 1, 2026, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the projects funded through and the economic impact of the Program.
Md. Code, Natural Resources § 5-202 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

There is a Forest and Park Service in the Department.
Md. Code, Economic Development § 5-102 — MD Code / Article gec / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

§5–102. IN EFFECT

The Department shall administer the State’s economic development and financial assistance programs and funds including:

(1) the BRAC Revitalization and Incentive Zone Program, under Subtitle 13 of this title;

(2) the Build Our Future Grant Pilot Program, under Subtitle 23 of this title;

(3) the Enterprise Fund, under Subtitle 6 of this title;

(4) the Enterprise Zones Program, under Subtitle 7 of this title;

(5) the Make Office Vacancies Extinct Program, under Subtitle 15 of this title;

(6) the Maryland Economic Adjustment Fund, under Subtitle 2 of this title;

(7) the Maryland Economic Development Assistance Authority and Fund, under Subtitle 3 of this title;

(8) the Maryland Industrial Development Financing Authority, under Subtitle 4 of this title;

(9) the Maryland Small Business Development Financing Authority, under Subtitle 5 of this title;

(10) the Appalachian Regional Development Program, under Title 13, Subtitle 1 of this article;

(11) jointly with the Department of Housing and Community Development, the Community Development Block Grant for Economic Development;

(12) the Regional Institution Strategic Enterprise Zone Program under Subtitle 14 of this title; and

(13) any other programs or funds designated by statute, the Governor, or the Secretary.

§5–102. // EFFECTIVE JUNE 30, 2027 PER CHAPTERS 430 AND 431 OF 2023 //

The Department shall administer the State’s economic development and financial assistance programs and funds including:

(1) the BRAC Revitalization and Incentive Zone Program, under Subtitle 13 of this title;

(2) the Enterprise Fund, under Subtitle 6 of this title;

(3) the Enterprise Zones Program, under Subtitle 7 of this title;

(4) the Make Office Vacancies Extinct Program, under Subtitle 15 of this title;

(5) the Maryland Economic Adjustment Fund, under Subtitle 2 of this title;

(6) the Maryland Economic Development Assistance Authority and Fund, under Subtitle 3 of this title;

(7) the Maryland Industrial Development Financing Authority, under Subtitle 4 of this title;

(8) the Maryland Small Business Development Financing Authority, under Subtitle 5 of this title;

(9) the Appalachian Regional Development Program, under Title 13, Subtitle 1 of this article;

(10) jointly with the Department of Housing and Community Development, the Community Development Block Grant for Economic Development;

(11) the Regional Institution Strategic Enterprise Zone Program under Subtitle 14 of this title; and

(12) any other programs or funds designated by statute, the Governor, or the Secretary.
Md. Code, Corporations and Associations § 5-6B-18 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-18
§5–6B–18.
Status: in_force

(a) Except as otherwise provided in the articles of incorporation or bylaws, the votes in a cooperative housing corporation shall be assigned so that each unit has one vote.

(b) Cooperative housing corporations shall not engage in mergers or consolidations if such action is undertaken for the purpose of circumventing §§ 5-6B-02 through 5-6B-12 of this subtitle.
Md. Code, Family Law § 5-303 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-303
§5–303.
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 parental rights;

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

(6) protect adoptive parents from future disturbances of their relationships with children by former parents.
Md. Code, Courts and Judicial Proceedings § 5-404 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

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

(2) “Agent of a charitable organization” means a person who:

(i) Is or was a director, officer, or employee of a charitable organization; or

(ii) On a volunteer basis, is or was providing services or performing duties on behalf of a charitable organization.

(3) “Charitable organization” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

(4) “Farmer” means a person, including a corporation, who engages in an activity conducted solely or primarily for the production of a farm product.

(5) “Farm product” has the meaning stated in § 10-601 of the Agriculture Article.

(6) “Glean” means:

(i) To harvest or collect farm products from the fields of a farmer who grants access to the fields without charging a fee; and

(ii) To distribute the farm products to needy individuals, including unemployed and low-income individuals.

(b) Except as provided in subsection (c) of this section, a farmer is not personally liable for damages in a civil action brought against the farmer for injury to a person or property by a charitable organization or an agent of a charitable organization that the farmer permitted to glean on the farmer’s property.

(c) This section does not limit any liability that otherwise exists for willful or malicious failure to guard or warn against any dangerous condition, use, structure, or activity.
Md. Code, Business Regulation § 5-801 — MD Code / Article gbr / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

(a) At the time of entering into a contract with a consumer for the sale of burial goods or services, registrants, permit holders, or any other person subject to the provisions of this title shall make the following written disclosures:

(1) the itemized cost for each service performed under the contract;

(2) a list of services incidental to burial that are not covered by the contract;

(3) a statement regarding the cemetery’s policy on the use of independent monument companies; and

(4) the name, address, and telephone number for the State Office of Cemetery Oversight.

(b) (1) The disclosures required under subsection (a)(1), (2), and (3) of this section shall be conspicuously incorporated in the contract in 12–point type.

(2) The disclosure required under subsection (a)(4) of this section shall be on a form separate from the contract and must be separately signed and dated by the consumer.

(c) The disclosure must be signed and dated by the consumer.

(d) The consumer must be provided with a copy of the contract and a copy of the form required under subsection (b)(2) of this section at the time of purchasing the burial goods or services.

(e) The disclosure shall occur:

(1) not later than the first scheduled face–to–face contact with the purchaser or party representing the purchaser; or

(2) if no face–to–face contact occurs, at the time of the execution of the contract by the purchaser or party representing the purchaser.

(f) The Director, by regulation, may prescribe the form and wording of the disclosure.

(g) If the purchase by the consumer includes a cemetery plot, the registered cemeterian, permit holder, or any other person subject to the provisions of this title shall provide the consumer with a copy of a location survey, performed by a licensed land surveyor, which indicates the location of the purchased plot within the cemetery, or by any other means approved by the Director.

(h) Registrants, permit holders, or any other person subject to the provisions of this title shall provide each buyer or prospective buyer with a general price list for the buyer or prospective buyer to keep which shall include:

(1) specific prices for:

(i) ground opening and closing;

(ii) extra depth interment;

(iii) interment of cremated remains; and

(iv) mausoleum entombment; and

(2) general price ranges for burial space or burial goods.
Md. Code, Natural Resources § 5-2A-04 — MD Code / Article gnr / Title 5 / Subtitle 2A / Section 5-2A-04
§5–2A–04.
Status: in_force

(a) (1) On or before December 1, 2023, and every 5 years thereafter, the Department shall develop and publish a 5–year Capital Improvement Plan for the Park Service.

(2) In developing the Capital Improvement Plan, the Department shall, in coordination with the Commission, annually hold at least one public hearing with the opportunity for public comment.

(3) The 5–year Capital Improvement Plan shall include:

(i) A list of all outstanding critical maintenance projects and the projected cost of each project;

(ii) A prioritization of critical maintenance projects and an explanation of the process for prioritizing the projects; and

(iii) Scoring and ranking for each critical maintenance project, as determined by the prioritization process.

(4) The 5–year Capital Improvement Plan shall include the information required under paragraph (3) of this subsection disaggregated by region.

(5) The Department shall submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, the 5–year Capital Improvement Plan for the Park Service.

(b) (1) The Department of Legislative Services shall hire an independent consultant to conduct an independent study of:

(i) Whether the Park Service is producing outcomes consistent with its mission;

(ii) The visitor experience for State parks, including:

1. Parking availability;

2. Cleanliness; and

3. Whether facilities, amenities, or areas are closed, including whether the closures are due to deferred maintenance;

(iii) How funding can be used to enable the Park Service to produce outcomes consistent with its mission; and

(iv) How Park Service projects can support:

1. Climate change mitigation, adaptation, and resiliency; and

2. Public health.

(2) On or before December 1, 2023, the independent consultant shall submit, in accordance with § 2–1257 of the State Government Article, a report on its findings and recommendations to the Commission.

(c) The Department shall:

(1) Recognize as a formal policy that the State’s forests, trees, and wetlands are a major tool for addressing climate change with regard to mitigation, adaptation, and resiliency; and

(2) Require all Park Service projects to contribute, to the extent possible, to the improvement of local water quality.

(d) (1) The Park Service shall adopt universal design principles in its programming and amenities to ensure maximum access and safety for all residents and visitors, especially people with disabilities, older adults, and seniors.

(2) To ensure accessibility for individuals who are deaf, blind, or both, the Park Service website and all other digital outreach platforms shall adhere to Web Content Accessibility Guidelines 2.1 and Section 508 of the Americans with Disabilities Act.

(e) The Park Service shall adopt design principles related to crime prevention in its programming and amenities to ensure maximum public safety for all residents and visitors.

(f) (1) The Department’s decisions related to the location and establishment of new State parks or amenities shall target areas:

(i) Identified by the Department’s park equity tool as in need of recreational opportunities; or

(ii) That would relieve overcrowding in existing State parks that have consistently had to close to the public due to capacity restrictions.

(2) The Department shall consider the cultural and ecological carrying capacities of State park areas when examining the development of new amenities in existing State parks.

(3) The Department’s decisions related to the establishment of State historical parks or other units that preserve and interpret the history of African American, Asian, Indigenous or Native American, and Hispanic or Latino populations in the State shall be made:

(i) In coordination with the Commission; and

(ii) With input from groups active in the preservation of historical sites of underrepresented communities, including:

1. The Commission on Environmental Justice and Sustainable Communities;

2. The Commission on African American History and Culture;

3. The Governor’s Commission on Asian Pacific American Affairs;

4. The Commission on Indian Affairs; and

5. The Office of Immigrant Affairs.
Md. Code, Criminal Law § 5-609 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

(a) Except as otherwise provided in this section, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle with respect to any of the following controlled dangerous substances is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $15,000 or both:

(1) phencyclidine;

(2) 1–(1–phenylcyclohexyl) piperidine;

(3) 1–phenylcyclohexylamine;

(4) 1–piperidinocyclohexanecarbonitrile;

(5) N–ethyl–1–phenylcyclohexylamine;

(6) 1–(1–phenylcyclohexyl)–pyrrolidine;

(7) 1–(1–(2–thienyl)–cyclohexyl)–piperidine;

(8) lysergic acid diethylamide; or

(9) 750 grams or more of 3, 4–methylenedioxymethamphetamine (MDMA).

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

(1) under subsection (a) of this section or § 5–608 of this subtitle;

(2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle;

(3) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or

(4) of any combination of these crimes.

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

(i) has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction under subsection (a) of this section, § 5–608 of this subtitle, or § 5–614 of this subtitle; and

(ii) if the convictions do not arise from a single incident, has been convicted twice:

1. under subsection (a) of this section or § 5–608 of this subtitle;

2. of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle;

3. of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or

4. of any combination of these crimes.

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

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

(1) under subsection (a) of this section or § 5–608 of this subtitle;

(2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle;

(3) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or

(4) of any combination of these crimes.

(e) A person convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence.
Md. Code, Economic Development § 5-410 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-410
§5–410.
Status: in_force

(a) (1) Five members of the Authority are a quorum.

(2) An affirmative vote of at least four members is needed for the Authority to act.

(b) The Authority shall determine the times and places of its meetings.

(c) A member of the Authority:

(1) is not entitled to compensation as a member of the Authority; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Corporations and Associations § 5-506 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

The charter of a cooperative may be amended as provided in Title 2 of this article, except that:

(1) An amendment which alters the contract or property rights of any outstanding stock or of any member is not valid unless approved in person or by mail by the affirmative vote of:

(i) Two thirds of all the members; or

(ii) Two thirds of each class of members whose rights would be altered;

(2) Notwithstanding any other provision of this article, the requirement of item (1) of this section for a two-thirds vote may not be lowered by the charter of the cooperative; and

(3) Any objecting member whose contract or property rights are substantially adversely affected by the amendment, on compliance with the provisions of Title 3, Subtitle 2 of this article, has the same rights with respect to his contract and property rights as an objecting stockholder has with respect to his stock.
Md. Code, Economic Development § 5-313 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-313
§5–313.
Status: in_force

The Fund consists of:

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

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

(3) repayments of principal and interest from loans made from the Fund;

(4) proceeds from the sale, disposition, lease, or rental of collateral related to financial assistance provided by the Department under this subtitle;

(5) application or other fees paid to the Fund to process requests for financial assistance;

(6) recovery of an investment made by the Department in a business, including an arrangement under which part of the investment is recovered through:

(i) a requirement that the Department receive a proportion of cash flow, commissions, royalties, or license fees;

(ii) the repurchase from the Department of any of its investment interest; or

(iii) the sale of an appreciated asset;

(7) repayments received from recipients of conditional grants from the Department;

(8) money collected under § 9–229 of the Tax – Property Article;

(9) repayments on or recoveries from financial assistance provided from the former:

(i) Brownfields Revitalization Incentive Fund;

(ii) Child Care Facilities Direct Loan Fund;

(iii) Child Care Special Loan Fund;

(iv) Maryland Industrial and Commercial Redevelopment Fund;

(v) Maryland Industrial Land Fund;

(vi) Maryland Seafood and Aquaculture Loan Fund; and

(vii) Smart Growth Economic Development Infrastructure Fund; and

(10) any other money made available to the Fund.
Md. Code, Education § 5-213 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-213
§5–213.
Status: in_force

(a) Each fiscal year, the State shall distribute the State share of the foundation program to each county board.

(b) Except as provided in subsections (c) and (d) of this section, each fiscal year, the county board shall distribute to each school the minimum school funding amount for the foundation program calculated under § 5–234 of this subtitle.

(c) (1) Each county board shall distribute to the local workforce development board for the county the following amount multiplied by the enrollment count in the county:

(i) For fiscal year 2024, $62; and

(ii) For fiscal years 2025 through 2028, the prior fiscal year amount increased by the inflation adjustment.

(2) The funds distributed under paragraph (1) of this subsection shall be used to support the Career Counseling Program for Middle and High School Students established under § 7–127 of this article that is provided collaboratively by the workforce development board, the school, any other relevant State or local agencies, and employers.

(3) On or before June 30, 2024, and in each of the next 4 fiscal years, the local workforce development board, in collaboration with the county board and any other relevant State or local agencies, shall report to the Accountability and Implementation Board established under Subtitle 4 of this title on the use of the funds and the impact of the funds on providing career counseling.

(4) On or before January 1, 2027, the Accountability and Implementation Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the effectiveness of the Career Counseling Program for Middle and High School Students, including:

(i) Whether career counseling services have adequately prepared students for post–college and career readiness pathways, including:

1. Percentage of students who completed a career readiness assessment;

2. Student self–reported confidence levels in career readiness;

3. Number of students participating in career counseling sessions and completing a 6–year career plan by the end of 8th grade;

4. Number of students who participated in career exploration activities, including field trips, college or training center visits, career fairs, or registered apprenticeship programs;

5. Number of students who identified post–college and career readiness pathway preferences; and

6. Percentage of students applying to postsecondary education, career training programs, or registered apprenticeships;

(ii) Whether students have received high–quality career opportunities as a result of the Program, including:

1. Number of students participating in registered apprenticeships, internships, job shadowing, or other workplace opportunities facilitated by the Program;

2. Employer satisfaction ratings of student preparedness and performance;

3. Number of students securing a registered apprenticeship or part–time employment related to their field of interest after engaging with the Program before graduation; and

4. Number of new employer collaborations each year; and

(iii) Identifying long–term metrics for the Program to determine the Program’s effectiveness in guiding high school students toward satisfactory career paths after completing high school, including consideration of:

1. Employment rate of program graduates within 6 to 12 months post graduation;

2. Percentage of students employed in their field of interest or related industry within 1 year of graduation;

3. Student–reported job satisfaction and career alignment based on follow–up surveys;

4. College persistence and completion rates for students who participated in the Program; and

5. Reduction in the number of students who are unemployed or not participating in a postsecondary education program compared to pre–Program data.

(d) (1) In this subsection, “collaborative time per pupil amount” means:

(i) For fiscal year 2029, $334;

(ii) For fiscal year 2030, $512;

(iii) For fiscal year 2031, $698;

(iv) For fiscal year 2032, $891;

(v) For fiscal year 2033, $1,093;

(vi) For fiscal year 2034, $1,306;

(vii) For fiscal year 2035, $1,527; and

(viii) For each fiscal year thereafter, the collaborative time per pupil amount in the prior fiscal year increased by the inflation adjustment.

(2) The collaborative time per pupil amount multiplied by the enrollment count in each county shall be distributed to and expended by schools in each county in accordance with Title 6, Subtitle 10 of this article and the county’s collaborative time implementation plan approved by the Accountability and Implementation Board.
Md. Code, Health Occupations § 5-502 — MD Code / Article gho / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2030.
Md. Code, Health - General § 5-804 — MD Code / Article ghg / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

(a) The Committee shall consist of 18 members appointed by the Secretary, including the following:

(1) A licensed physician who is board certified in an appropriate specialty;

(2) A psychopharmacologist;

(3) A licensed physician on staff with the Department;

(4) Two specialists, one in the field of developmental disabilities and one in the field of mental health;

(5) Two licensed providers of community services, one for persons with developmental disabilities and one for persons with mental illnesses;

(6) Two consumers, one with a developmental disability and one with a mental illness;

(7) Two family members, one representing a consumer with a developmental disability and one representing a consumer with a mental illness;

(8) The Deputy Secretary for Behavioral Health or the Deputy Secretary’s designee;

(9) The Director of the Office of Health Care Quality;

(10) A licensed physician representative from the Medical Examiner’s Office;

(11) A licensed nurse who works with persons with developmental disabilities in a program operated by a State licensed provider in the community;

(12) A member of an advocacy group for persons with disabilities; and

(13) Two members of advocacy groups, one for persons with developmental disabilities and one for persons with mental illnesses.

(b) (1) The term of each member appointed under subsection (a)(1), (2), (4), (5), (6), and (10) of this section is 3 years.

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

(3) A member may not be appointed for more than two consecutive full terms.

(4) The terms of the members are as follows:

(i) One–third of the members shall be appointed for terms of 3 years commencing October 1, 2000;

(ii) One–third of the members shall be appointed for terms of 2 years commencing October 1, 2000; and

(iii) One–third of the members shall be appointed for terms of 1 year commencing October 1, 2000.

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

(c) The Secretary may remove any member of the Committee for good cause.

(d) A member of the Committee:

(1) May not receive compensation for service on the Committee; but

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

(e) The Committee shall be staffed by the Department.

(f) (1) An employee of the Developmental Disabilities Administration or the Behavioral Health Administration may not be a member of the Committee or any subcommittee of the Committee.

(2) The Director of the Office of Health Care Quality may not serve on a subcommittee of the Committee or vote on the disposition of an individual mortality review that was previously reviewed by the Office of Health Care Quality.

(g) The Secretary shall select a chair from among the members of the Committee.

(h) A quorum of the Committee shall be a majority of the appointed membership of the Committee.

(i) The Committee shall meet not less than three times a year.
Md. Code, Health Occupations § 5-307 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

A license authorizes the licensee to practice dietetics while the license is effective.
Md. Code, Family Law § 5-3B-13 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-13
§5–3B–13.
Status: in_force

(a) Any adult or minor may be adopted under this subtitle.

(b) (1) Any adult may petition a court for adoption.

(2) If a petitioner is married and the prospective adoptee is a minor, the petitioner’s spouse shall join in the petition unless the spouse:

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

(ii) is not competent to join in the petition; or

(iii) 1. is a parent of the prospective adoptee; and

2. has consented to the adoption in accordance with this subtitle.

(3) If the petitioner is married and the prospective adoptee is an adult, the petitioner’s spouse may join in the petition.

(c) Before a petition is filed under this subtitle, a petitioner shall move for, and a court shall order that, a case pending under Subtitle 3 of this title be closed.

(d) If the marital status of a petitioner changes before entry of an order under this subtitle, the petitioner shall amend the petition accordingly.
Md. Code, State Finance and Procurement § 5A-319 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-319
§5A–319.
Status: reserved

(a) Unless the Board of Public Works approves, the Trust may not dispose of any property transferred to it by the State or purchased with State money.

(b) The Trust may not sell, convey, assign, or lease out any historic property solely for investment.

(c) Before selling or conveying real or personal property listed in or eligible to be listed in the Maryland Register of Historic Properties, the Trust shall:

(1) ensure that the proposed sale or conveyance provides for the preservation or enhancement of the property;

(2) give preference to acquisition proposals that:

(i) are made by political subdivisions or capable private nonprofit organizations qualifying under § 501(c)(3) of the Internal Revenue Code;

(ii) provide for uses most compatible with the historic or architectural value of the property; and

(iii) provide the greatest opportunity for public involvement, participation, education, and enjoyment; and

(3) provide a 6-month option to purchase to entities that:

(i) meet the requirements of item (2) of this subsection; and

(ii) propose to purchase at the State-established appraised fair market value.

(d) The reversion under a lease made by the Trust may not be redeemed at the option of the tenant unless the lease expressly provides that the reversion may be redeemed at the option of the tenant.
Md. Code, Business Occupations and Professions § 5-602 — MD Code / Article gbo / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

A person may not operate a beauty salon in the State unless the person holds a beauty salon permit issued by the Board.
Md. Code, Business Occupations and Professions § 5-607 — MD Code / Article gbo / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

(a) An owner or lessee of a beauty salon may not knowingly:

(1) employ in the beauty salon an individual with an infectious or contagious disease that presents a hazard to a patron; or

(2) after discovering an individual has an infectious or contagious disease that presents a hazard to a patron, continue to employ the individual in the beauty salon.

(b) (1) An individual who knows that the individual has an infectious or contagious disease that presents a hazard to a beauty salon patron may not practice cosmetology.

(2) An individual who knows that another individual has an infectious or contagious disease that presents a hazard to a beauty salon patron may not practice cosmetology on that other individual.

(c) An individual may not practice cosmetology in a careless or negligent manner so as to:

(1) cause an infection; or

(2) impart an infectious or contagious disease that presents a hazard to a beauty salon patron.
Md. Code, State Personnel and Pensions § 5-310 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

(a) A complainant may appeal to the Office of Administrative Hearings:

(1) within 10 days after receiving a decision under § 5-309 of this subtitle; or

(2) when a decision is not issued within 60 days after the complaint is filed and the complainant requests a hearing.

(b) (1) The Office of Administrative Hearings shall conduct a hearing on each appeal in accordance with Title 10, Subtitle 2 of the State Government Article. The Office is bound by any regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent as the Department is or would have been bound if it were hearing the case.

(2) A record that is protected from disclosure under Title 4 of the General Provisions Article may be used as evidence in a hearing only if:

(i) the material is essential to the conduct of the hearing; and

(ii) names and other identifying information are deleted to the extent necessary to maintain confidentiality.

(3) The confidentiality of records and information protected from disclosure under Title 4 of the General Provisions Article shall be maintained in each hearing.

(c) (1) Within 45 days after the close of the hearing record, the Office of Administrative Hearings shall issue to the parties a written decision and may grant any appropriate relief under subsection (d) of this section.

(2) The decision of the Office of Administrative Hearings is final.

(d) A complainant who prevails at a hearing may be awarded any appropriate relief, including:

(1) any remedial action allowed under § 5-309(e) of this subtitle; and

(2) costs of litigation and reasonable attorney's fees.

(e) A complainant or appointing authority may appeal the decision issued under subsection (c) of this section in accordance with § 10-222 of the State Government Article.
Md. Code, Business Regulation § 5-303 — MD Code / Article gbr / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

(a) An applicant shall register by:

(1) submitting to the Director an application on the form that the Director provides; and

(2) paying a nonrefundable application fee set by the Director.

(b) The application shall state:

(1) the name, date of birth, and residential address of the applicant;

(2) the name and fixed address of the affiliated cemetery, crematory, or burial goods business;

(3) whether the cemetery, crematory, reduction facility, or burial goods business with which the applicant is affiliated is owned or controlled by a sole proprietor, partnership, limited liability company, or corporation;

(4) if the applicant is designated as the responsible party, the name and residential address of each employee who sells burial space, goods, or services to the public for the business while engaging in the operation of a cemetery, crematory, reduction facility, or burial goods business; and

(5) any other reasonable information that the Director determines is necessary to carry out this title.
Md. Code, Family Law § 5-2A-02 — MD Code / Article gfl / Title 5 / Subtitle 2A / Section 5-2A-02
§5–2A–02.
Status: in_force

On the filing of a petition for authorization to marry, a court shall:

(1) appoint a lawyer with family law experience to represent the petitioner;

(2) set an evidentiary hearing on the petition;

(3) provide the minor with the following:

(i) information on the rights and responsibilities of:

1. a minor granted authorization to marry under this subtitle, including the right to divorce; and

2. parties to a marriage;

(ii) referral information for legal aid agencies;

(iii) information on State and national hotlines for child abuse, domestic violence, sexual assault, and human trafficking; and

(iv) information related to impacts and outcomes of child marriage in the United States; and

(4) notify each living parent, guardian, or legal custodian whom the court is able to locate of their right to support or oppose the petition.
Md. Code, Transportation § 5-1204 — MD Code / Article gtr / Title 5 / Subtitle 12 / Section 5-1204
§5–1204.
Status: in_force

(a) (1) Subject to the provisions of this subtitle, the Administration shall establish a homeowners assistance pilot program for existing residentially occupied real property in those communities and neighborhoods identified by the Administration as being situated entirely or in part within the 65 LDN noise contour as established by the most recently adopted airport noise zone.

(2) The pilot program established under this subsection shall provide at least 2 homeowner assistance options including:

(i) An option enabling homeowners to sell their real property, with the Administration assuring the resale value of the property; and

(ii) An option enabling homeowners who occupy single-family housing or rent such property for residential use to receive financial assistance from the Administration for noise-attenuating improvements which may include weather stripping, caulking, window glazing, augmentation of wall, door, ceiling, and attic insulation, and installation of forced air ventilation or other types of air conditioning systems.

(3) The Administration shall select at least 40 residential properties situated within the airport noise zone to participate in the pilot program, including at least 20 properties in each of the program options described in paragraph (2) of this subsection.

(b) (1) Before conveying a fee interest in residential real property to a third party, a homeowner participating in the pilot program option described in subsection (a)(2)(i) of this section shall grant to the Administration an avigation easement.

(2) A homeowner participating in the pilot program option described in subsection (a)(2)(ii) of this section shall grant to the Administration an avigation easement.

(c) The Administration shall:

(1) Implement the homeowners assistance pilot program in fiscal year 1988;

(2) Submit to the 1988 Session of the General Assembly, in accordance with § 2-1257 of the State Government Article, a report on the results of the program, including a study of the feasibility of making noise-attenuating improvements to schools; and

(3) Make recommendations as part of the Department’s fiscal year 1989 budget request for the continued funding of the program.
Md. Code, Transportation § 5-805 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-805
§5–805.
Status: in_force

(a) (1) Each airport operator, including each person intending to operate a proposed airport, shall assess the noise environment created by the operation and projected future use of the airport.

(2) The assessment method shall follow the procedures that the Executive Director establishes for calculating or measuring cumulative noise exposure.

(3) The assessment shall delineate any noise zone and identify any impacted land use area.

(b) (1) If an impacted land use area exists within a noise zone, the airport operator shall develop a noise abatement plan to reduce the size of or eliminate the impacted land use area by altering the coverage of the noise zone through the application of the best available technology, at a reasonable cost and without impairing safety of flight.

(2) The plan may include:

(i) A development of runway and flight path use to reduce adverse noise impact;

(ii) Establishment of noise abatement glide slopes;

(iii) Establishment of noise abatement flight and ground procedures;

(iv) Restrictions on operations of noisy aircraft;

(v) Restrictions on noisy maintenance operations;

(vi) Relocation of runways; and

(vii) Acquisition of property to reduce the size of or eliminate an impacted land use area.

(c) (1) Unless required earlier as part of an environmental impact study or by the Executive Director, an assessment of the noise environment for each airport and any noise abatement plan required by this section shall be submitted to the Executive Director for approval by July 1 of each fifth year after July, 1976.

(2) Before the Executive Director approves any assessment or plan, the Executive Director shall furnish it to the chief executive officer and the zoning board of any affected political subdivision and give them an opportunity to comment.
Md. Code, Family Law § 5-328 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-328
§5–328.
Status: in_force

(a) If a local department is a child’s guardian under this subtitle, a juvenile court:

(1) retains jurisdiction until:

(i) the child attains 18 years of age; or

(ii) the juvenile court finds the child to be eligible for emancipation; and

(2) may continue jurisdiction until the child attains 21 years of age.

(b) If a juvenile court designates an individual as a child’s guardian, the juvenile court:

(1) may retain jurisdiction until the child attains 18 years of age; or

(2) on finding further review unnecessary to maintain the child’s health and welfare, may terminate the case before the child attains 18 years of age.

(c) An order for adoption of a child terminates the child’s guardianship case.

(d) On termination of a guardianship case, a juvenile court shall close the case.

(e) Notwithstanding subsections (a) and (b) of this section, if the court enters an order directing the provision of services to a child under § 5–324(b)(1)(ii)7B of this subtitle, the court retains jurisdiction to rule on any motion related to the enforcement, modification, or termination of the order, for as long as the order is effective.
Md. Code, General Provisions § 5-804 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

In this part, “elected local official” includes:

(1) an individual who holds an elective office of a county or municipal corporation; and

(2) a candidate for elective office as a local official of a county or municipal corporation.
Md. Code, Natural Resources § 5-304 — MD Code / Article gnr / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) An applicant for cost–share assistance shall:

(1) Submit a woodland management plan to the Department;

(2) File an application with the Department stating:

(i) The practice to be implemented;

(ii) The approximate cost of the practice to be implemented; and

(iii) A description of the land or lands upon which the practice is to be implemented;

(3) File a statement of intent stating that the owner:

(i) Intends to use the cost–share assistance for long–range timber growing and improvement; and

(ii) If there is joint tenancy, tenancy in common, or group ownership, has no knowledge of another application that is pending for cost–share assistance to be used on the land described in the application; and

(4) Submit other information required by the Department.

(b) An owner may not receive a total of State and federal cost share assistance in an amount that exceeds 100% of the actual cost of the approved practice.
Md. Code, Human Services § 5-609 — MD Code / Article ghu / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

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

(2) (i) “Personal identifying information” has the meaning stated in § 8–301 of the Criminal Law Article.

(ii) “Personal identifying information” includes an Electronic Benefits Transfer card number or personal identification number.

(3) “Skimming practices” includes:

(i) use of a skimming device, including a scanner, skimmer, reader, or other electronic device used to access, read, scan, obtain, memorize, or store, temporarily or permanently, personal identifying information; or

(ii) adding malicious code illegally to a website to capture Electronic Benefits Transfer card data or personal identifying information.

(4) “Theft” includes:

(i) physical theft of an Electronic Benefits Transfer card;

(ii) identity fraud, as defined in § 8–301 of the Criminal Law Article; and

(iii) theft through skimming practices.

(5) “Two–way fraud alert” means the capability of the Department to communicate with households, and of households to communicate with the Department, through text messaging regarding potential fraudulent use or theft of an Electronic Benefits Transfer card.

(b) For fiscal year 2025 and each fiscal year thereafter, the total amount of benefits restored under this section is limited to $30,000,000 per fiscal year.

(c) (1) If an investigation by the Department shows a household’s correctly issued benefits were lost due to theft, the Department shall restore the benefits without requiring further action from the household.

(2) As soon as practicable, but not later than 10 days after a household informs the Department of the loss of benefits due to theft, the Department shall:

(i) notify the household in writing of the Department’s decision as to whether to restore benefits, the amount of benefits to be restored, and the right to and method of requesting a hearing on the Department’s decision in accordance with subsection (d) of this section;

(ii) if the Department determines that the household receives benefits, restore benefits to the household in the amount of benefits that was lost; and

(iii) provide the household with a new Electronic Benefits Transfer card.

(3) The Department may not:

(i) require a household to provide a police report as a condition of restoration of benefits; or

(ii) limit the number of months in which a household can receive restoration of benefits lost due to theft.

(d) (1) If a household disputes the amount of benefits restored or the Department’s determination that no restoration is due, the household may request a hearing with the Department within 90 days after the date of the Department’s determination.

(2) If a household requests a hearing under this subsection, the Department shall restore the benefits for which the household claims entitlement while the hearing is pending.

(3) If the hearing decision is unfavorable to the household, any benefits improperly restored under paragraph (2) of this subsection may be recovered by the Department by reducing the household’s benefit at a rate that may not exceed the lesser of $10 or 5% of the household’s monthly allotment of benefits.

(e) In the procurement process for electronic benefits distribution or administration, the State or State–aided or State–controlled entity shall give preference to a vendor that:

(1) holds a form of insurance that can be used to reimburse a beneficiary for identity fraud or theft; and

(2) provides identity access protections to protect an eligible beneficiary against identity fraud and theft, which may include multifactor authentication.

(f) The Department shall coordinate with vendors to take available precautions to reduce the vulnerability of Electronic Benefits Transfer cards to theft by utilizing enhanced technology.

(g) On or before December 1 each year, the Department, in consultation with local law enforcement agencies in the State, shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

(1) the accessibility and security of Electronic Benefits Transfer cards;

(2) actions taken to reduce the fraudulent use of Electronic Benefits Transfer cards;

(3) the number of Electronic Benefits Transfer cards reissued due to fraud in the immediately preceding year;

(4) the number of households reporting theft of benefits, by jurisdiction and program;

(5) the number of households eligible for expedited Supplemental Nutrition Assistance Program benefits that reported loss of benefits due to theft, by jurisdiction and program;

(6) the total dollar amount of benefits reported lost due to theft, by jurisdiction and program;

(7) the number of determinations of theft made by the Department, by jurisdiction;

(8) the number of determinations made by the Department that theft did not occur, by jurisdiction;

(9) the number of households reimbursed for benefits lost due to theft and the total dollar amount of benefits restored, by jurisdiction and program;

(10) the average and maximum length of time, in days, between the report of theft and the restoration of benefits, by jurisdiction;

(11) the number of hearings requested and the number of households that received a restoration of benefits as an outcome of a hearing, by jurisdiction; and

(12) demographic data on households that experienced theft, including race, gender, number of households with children under the age of 18 years, and number of households with a member at least 60 years old.
Md. Code, General Provisions § 5-829 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-829
§5–829.
Status: in_force

(a) Each bicounty commission shall adopt regulations relating to financial disclosure by its employees.

(b) The regulations required by this section:

(1) shall be substantially similar to the State financial disclosure provisions of Subtitle 6 of this title; and

(2) may not conflict with the financial disclosure provisions for commissioners and applicants specified in §§ 5–824 through 5–828 of this subtitle.

(c) Each bicounty commission shall submit the regulations adopted under this section, and any amendments to the regulations, to:

(1) the Ethics Commission; and

(2) the governing body of each county in which the bicounty commission operates.

(d) On or before April 30 each year, each bicounty commission shall certify to the Ethics Commission that the bicounty commission is in compliance with the requirements of this section.
Md. Code, Health - General § 5-1005 — MD Code / Article ghg / Title 5 / Subtitle 10 / Section 5-1005
§5–1005.
Status: in_force

(a) The State team is a public health authority, as defined in 45 C.F.R. § 164.501, conducting public health activities in accordance with the federal Health Insurance Portability and Accountability Act.

(b) On request of the chair of the State team and as necessary to carry out the State team’s purpose and duties, a health care provider or a State or local government agency immediately shall provide to the State team any records of the health care provider or State or local government agency necessary to complete the review of a specific fatality, including:

(1) Hospital records;

(2) Outpatient clinic, health care provider, and laboratory records;

(3) Police investigation data;

(4) Medical examiner investigative data;

(5) Cause–of–death information in vital records;

(6) Social services records; and

(7) Other records from State offices, agencies, and departments.

(c) The State team may request that a person with direct knowledge of circumstances surrounding a fatality provide the State team with information necessary to complete the review of the particular fatality, including information from:

(1) A health care provider or staff involved in the care of the decedent; and

(2) The person who first responded to a report concerning the decedent.

(d) The State team:

(1) May share information with other public health authorities or their designees as the State team determines necessary to carry out the purposes of this subtitle; and

(2) Shall coordinate with the State’s Child Fatality Review and Drug Overdose Fatality Review teams to share and receive information relevant to the State team’s findings and to ensure efficiency in the work of the teams.

(e) (1) Except as provided in paragraph (2) of this subsection, all information and records acquired by the State team in the exercise of its duties:

(i) Shall be confidential;

(ii) Shall be exempt from disclosure under the Public Information Act; and

(iii) May not be subject to discovery or introduction into evidence in any proceedings.

(2) Information may be disclosed as necessary and in a manner consistent with this subtitle to carry out the purposes of this subtitle.

(f) Mental health records are subject to the additional limitations under § 4–307 of this article for disclosure of a medical record developed primarily in connection with the provision of mental health services.
Md. Code, Agriculture § 5-506 — MD Code / Article gag / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

In each colony that it maintains, a beekeeper shall provide movable frames, each of which may be removed from the colony without causing damage to the combs in the colony.
Md. Code, Family Law § 5-3A-31 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-31
§5–3A–31.
Status: in_force

Before a court enters an order for adoption of a child under this subtitle, a child placement agency shall file a written report on:

(1) the suitability of the petitioner to adopt the child; and

(2) the relationship between the petitioner and child.
Md. Code, Natural Resources § 5-9D-03 — MD Code / Article gnr / Title 5 / Subtitle 9D / Section 5-9D-03
§5–9D–03.
Status: in_force

(a) The Department shall submit to the Maryland State Clearinghouse for Intergovernmental Assistance for review and comment all grant applications that will be recommended to the Board of Public Works for an award under the Program.

(b) Each grant application submitted to the Maryland State Clearinghouse for Intergovernmental Assistance is subject to approval by the Board of Public Works.
Md. Code, State Personnel and Pensions § 5-209 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-209
§5–209.
Status: in_force

(a) An employee in the skilled service, professional service, or management service of the State Personnel Management System may elect to pursue an allegation of employment discrimination under:

(1) the complaint procedures in this subtitle; or

(2) the grievance procedures in Title 12 of this article.

(b) An employee of the University System of Maryland who is eligible to file a grievance under Title 13 of the Education Article may elect to pursue an allegation of employment discrimination under:

(1) the complaint procedures in this subtitle; or

(2) a grievance under Title 13 of the Education Article.

(c) An employee of Morgan State University who is eligible to file a grievance under Title 14 of the Education Article may elect to pursue an allegation of employment discrimination under:

(1) the complaint procedures in this subtitle; or

(2) a grievance under Title 14 of the Education Article.
Md. Code, State Finance and Procurement § 5-603 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

In the preparation and revision of the Plan or any part of it, the Department shall:

(1) seek comments from and consult with the local governments of the areas that are affected by the Plan; and

(2) seek the cooperation and advice of appropriate:

(i) governmental units;

(ii) regional planning commissions;

(iii) public or private educational institutions;

(iv) public or private research organizations;

(v) civic groups; and

(vi) interested persons.
Md. Code, Family Law § 5-3A-17 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-17
§5–3A–17.
Status: in_force

(a) Subject to subsection (b) of this section, a court shall rule on a guardianship petition under this subtitle within 180 days after the petition is filed.

(b) A court may not enter a final order for guardianship under this subtitle until the later of expiration of the time for:

(1) revocation of consent; or

(2) the filing of a response to an order to show cause.
Md. Code, Education § 5-231 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-231
§5–231.
Status: in_force

(a) The Head Start Program in the State shall be referred to as the Ulysses Currie Head Start Program.

(b) For each fiscal year, the Governor shall include in the annual State budget an appropriation of at least $3,000,000 for the Ulysses Currie Head Start Program.

(c) A provider in the Ulysses Currie Head Start Program is eligible to receive full State funds under § 5–229 of this subtitle even if the Program receives federal funds.
Md. Code, Criminal Law § 5-801 — MD Code / Article gcr / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

Notwithstanding any other law, the Department of State Police may initiate investigations and enforce this title and Title 12 of the Criminal Procedure Article throughout the State without regard to any limitation otherwise applicable to that department’s activities in a municipal corporation or other political subdivision.
Md. Code, Health - General § 5-704 — MD Code / Article ghg / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

(a) The purpose of the State Team is to prevent child deaths by:

(1) Developing an understanding of the causes and incidence of child deaths;

(2) Developing plans for and implementing changes within the agencies represented on the State Team to prevent child deaths; and

(3) Advising the Governor, the General Assembly, and the public on changes to law, policy, and practice to prevent child deaths.

(b) To achieve its purpose, the State Team shall:

(1) Undertake annual statistical studies of the incidence and causes of child fatalities in the State, including an analysis of community and public and private agency involvement with the decedents and their families before and after the deaths;

(2) Review reports from local teams;

(3) Provide training and written materials to the local teams established under § 5–705 of this subtitle to assist them in carrying out their duties, including model protocols for the operation of local teams;

(4) In cooperation with local teams, develop a protocol for child fatality investigations, including procedures for local health departments, law enforcement agencies, local medical examiners, and local departments of social services, using best practices from other states and jurisdictions;

(5) Develop a protocol for the collection of data regarding child deaths and provide training to local teams and county health departments on the use of the protocol;

(6) Undertake a study of the operations of local teams, including the State and local laws, regulations, and policies of the agencies represented on the local teams, recommend appropriate changes to any regulation or policy needed to prevent child deaths, and include proposals for changes to State or local laws in the annual report required by item (12) of this subsection;

(7) Consider local and statewide training needs, including cross–agency training and service gaps, and make recommendations to member agencies to develop and deliver these training needs;

(8) Examine confidentiality and access to information laws, regulations, and policies for agencies with responsibilities for children, including health, public welfare, education, social services, mental health, and law enforcement agencies, recommend appropriate changes to any regulations and policies that impede the exchange of information necessary to protect children from preventable deaths, and include proposals for changes to statutes in the annual report required by item (12) of this subsection;

(9) Examine the policies and procedures of State and local agencies and specific cases that the State Team considers necessary to perform its duties under this section, in order to evaluate the extent to which State and local agencies are effectively discharging their child protection responsibilities in accordance with:

(i) The State plan under 42 U.S.C. § 5106a(b);

(ii) The child protection standards set forth in 42 U.S.C. § 5106a(b); and

(iii) Any other criteria that the State Team considers important to ensure the protection of children;

(10) Educate the public regarding the incidence and causes of child deaths, the public role in preventing child deaths, and specific steps the public can undertake to prevent child deaths;

(11) Recommend to the Secretary any regulations necessary for its own operation and the operation of the local teams;

(12) Provide the Governor, the public, and subject to § 2–1257 of the State Government Article, the General Assembly, with annual written reports, which shall include the State Team’s findings and recommendations; and

(13) In consultation with local teams:

(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) The State Team shall coordinate its activities under this section with the State Citizens Review Board for Children, local citizens review panels, and the State Council on Child Abuse and Neglect in order to avoid unnecessary duplication of effort.

(d) (1) Except as provided in paragraph (2) of this subsection, members and staff of the State Team:

(i) May not disclose to any person or government official any identifying information about any specific child protection case about which the State Team is provided information; and

(ii) May make public other information unless prohibited by law.

(2) (i) In carrying out the responsibilities under this section and subject to subparagraph (ii) of this paragraph, the members and staff of the State Team may provide identifying information to a national center for child death review in accordance with a data use agreement that:

1. Authorizes access to identifiable information only to the members and staff of the State Team;

2. Authorizes the national center for child death review to access only de–identified information; and

3. Requires the national center for child death review to act as a fiduciary agent of the State and local teams.

(ii) Information provided to a national center for child death review in accordance with this subsection is confidential and subject to the same confidentiality and discovery protections that apply to the State and local teams as set forth in § 5–709 of this subtitle.

(e) In addition to any other penalties provided by law, the Secretary may impose on any person who violates subsection (d) of this section a civil penalty not exceeding $500 for each violation.