Md. Code, Real Property § 5-107 — MD Code / Article grp / Title 5 / Subtitle 1 / Section 5-107
§5–107.
Status: reserved

This title is not applicable where any grant is made of any interest in land by which a trust arises or results by implication or construction of law, or where a trust is transferred or extinguished by operation of law.
Md. Code, Economic Development § 5-517 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-517
§5–517.
Status: in_force

In this part, “Fund” means the Small Business Development Contract Financing Fund.
Md. Code, Natural Resources § 5-1218 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1218
§5–1218.
Status: in_force

Property may not be acquired under Part II of this subtitle without the consent of the property owner.
Md. Code, Labor and Employment § 5-408 — MD Code / Article gle / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

(a) An independent contractor to whom this subtitle applies or an employer:

(1) before commencement of work at a workplace, shall provide information compiled under § 5–405 of this subtitle to any other employer whose workplace is the site of work being performed by the independent contractor or employer; and

(2) on request, shall provide material safety data sheets for each hazardous chemical identified on the chemical information list to any other employer whose workplace is the site of the work being performed by the independent contractor or employer, within 1 working day after the request.

(b) Before commencement of work by an independent contractor, any employer who employs the independent contractor shall provide information required under § 5–405 of this subtitle and 29 C.F.R. 1910.1200(g) for the workplace at which the independent contractor will work.

(c) A general contractor or its representative shall designate, for each construction site, a common location where each independent contractor or employer shall leave the chemical information list of the contractor or employer before the contractor begins work at the site.
Md. Code, Corporations and Associations § 5-627 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-627
§5–627.
Status: in_force

(a) A cooperative may consolidate with one or more other cooperatives to form a new consolidated cooperative as provided in this section.

(b) (1) A proposed consolidation and proposed articles of consolidation that effect the consolidation shall be submitted for consideration at an annual or special meeting of the members of each consolidating cooperative.

(2) A copy of the proposed articles of consolidation shall be attached to the notice of the meeting.

(3) The proposed consolidation, proposed articles of consolidation, and any amendments to the proposed articles of consolidation shall be approved by the affirmative vote of not less than two-thirds of the members of each consolidating cooperative voting on the matter.

(c) If the proposed consolidation, proposed articles of consolidation, and any amendments to the proposed articles of consolidation are approved by the members of each consolidating cooperative as provided in subsection (b) of this section:

(1) Articles of consolidation in the form approved shall be signed and acknowledged for each cooperative by its chairman or vice-chairman and attested by its secretary; and

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

(d) (1) The articles of consolidation shall contain:

(i) The name of each consolidating cooperative and the address of its principal office;

(ii) The name of the successor, the address of its principal office, and the name and address of its resident agent;

(iii) A statement that each consolidating cooperative agrees to the consolidation;

(iv) The name and address of each director of the successor;

(v) The terms and conditions of the consolidation and the manner of carrying it into effect, including the manner in which members of the consolidating cooperatives may or shall become members of the successor; and

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

(2) The articles of consolidation may contain any provision that:

(i) Is consistent with this subtitle; and

(ii) Is considered necessary or advisable for the conduct of the business of the successor.

(e) The chairman or vice-chairman who signs the articles of consolidation for each consolidating cooperative shall make and attach to the articles an affidavit stating that the cooperative has complied with the provisions of this section that relate to the articles.
Md. Code, Corporations and Associations § 5-115 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-115
§5–115.
Status: in_force

(a) (1) A proceeding under § 5-114(c) or (d) of this subtitle to determine the fair value of stock shall be filed in the circuit court for the county where the corporation’s principal office or registered office is located.

(2) The corporation shall make the disqualified stockholder a party to the proceeding as in an action against the stockholder’s stock.

(3) The jurisdiction of the court in which the proceeding is filed is plenary and exclusive.

(b) (1) The court may appoint one or more persons as appraisers to receive evidence and make recommendations on the question of fair value.

(2) The appraisers under paragraph (1) of this subsection have the powers described in the order appointing them.

(c) The disqualified stockholder is entitled to judgment for the fair value of his stock determined by the court as of the date of death, disqualification, or transfer, together with interest from that date at a rate found by the court to be fair and equitable.

(d) The court may order the judgment to be paid in installments.
Md. Code, Natural Resources § 5-308 — MD Code / Article gnr / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

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

(2) “Fellow” means an individual selected to participate in the Fellowship Program.

(3) “Fellowship Program” means the Mel Noland Fellowship Program.

(4) “Managing organization” means an organization selected by the Department to coordinate the administration of the Fellowship Program with the Department.

(b) There is a Mel Noland Fellowship Program in the Department.

(c) The purpose of the Fellowship Program is to support students seeking a career in fields relating to natural resources as they matriculate and graduate from an institution of higher education.

(d) The Department shall develop criteria for the selection of:

(1) Fellows; and

(2) Managing organizations.

(e) The Department shall select a managing organization with which the Department shall coordinate to administer the Fellowship Program under this section.

(f) (1) Subject to the provisions of this subsection, each year, the Department and the managing organization shall select two fellows and support them in their matriculation in a natural resources field at an institution of higher education.

(2) One fellow shall be seeking a degree to work in the field of natural resources management.

(3) One fellow shall be seeking a degree to work in the field of urban and community forestry.

(g) The Department or the managing organization may require a fellow to complete tasks related to the Fellowship Program in addition to the fellow’s course of study.

(h) (1) A fellow shall receive an annual stipend of $20,000 paid from the Mel Noland Woodland Incentives and Fellowship Fund.

(2) Any funds remaining after the stipends under paragraph (1) of this subsection are distributed from the Governor’s appropriation required under § 5–307 of this subtitle shall be used for the administration of the Fellowship Program, including the recruitment, selection, and supervision of the fellows by the Department and the managing organization.
Md. Code, Estates and Trusts § 5-608 — MD Code / Article get / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

(a) If the only property owned by a decedent is not more than two motor vehicles and the decedent’s surviving spouse is the decedent’s only heir or legatee:

(1) Administration of an estate of the decedent is not required; and

(2) The Motor Vehicle Administration may transfer title to a motor vehicle owned by the decedent to the surviving spouse if:

(i) The surviving spouse certifies to the Motor Vehicle Administration that all debts and taxes owed by the decedent have been paid; and

(ii) The Motor Vehicle Administration receives a copy of the decedent’s death certificate and suitable proof of the existence of the marriage.

(b) If the only property owned by a decedent is a boat or vessel with an appraised value that does not exceed $5,000 and the decedent’s surviving spouse is the decedent’s only heir or legatee:

(1) Administration of an estate of the decedent is not required; and

(2) The agency that issued the certificate of title may transfer the certificate of title for the boat or vessel to the surviving spouse of the decedent if:

(i) The surviving spouse certifies to the agency that all debts and taxes owed by the decedent have been paid;

(ii) The agency receives satisfactory evidence of the value of the boat or vessel, which may be provided by a statement signed by two individuals stating that:

1. They have personal knowledge of the value of boats or vessels of the type that is in the estate; and

2. The value of the boat or vessel does not exceed $5,000; and

(iii) The agency receives a copy of the decedent’s death certificate and suitable proof of the existence of the marriage.
Md. Code, Natural Resources § 5-1212 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1212
§5–1212.
Status: in_force

Except as provided in Part II of this subtitle, and subject to existing private rights, a commercial enterprise or permanent road, except fire roads, may not exist within any wildlife area designated by Part II of this subtitle. Except as necessary to meet minimum requirements for the administration of the area for the purpose of Part II of this subtitle, including measures required in emergencies involving the health and safety of persons within the area, there shall be no temporary road, use of motor vehicles, motorized equipment, motorboats, landing of aircraft, or other forms of mechanical transport, and no structure or installation within any area.
Md. Code, Estates and Trusts § 5-710 — MD Code / Article get / Title 5 / Subtitle 7 / Section 5-710
§5–710.
Status: in_force

Except to the extent inconsistent with this subtitle, all other provisions of the law of decedents’ estates shall apply to a modified administration.
Md. Code, Corporations and Associations § 5-605 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

A cooperative, nonprofit, membership corporation may be organized under this subtitle for the purpose of supplying, promoting, and extending the use of electricity.
Md. Code, Labor and Employment § 5-303 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

(a) (1) The Board consists of the following 12 members:

(i) as an ex officio member, the Commissioner; and

(ii) 11 voting members appointed by the Commissioner with the approval of the Secretary of Labor.

(2) Of the 11 appointed members of the Board:

(i) 1 shall represent agriculture and be recommended by the Secretary of Agriculture;

(ii) 1 shall represent businesses that the Public Service Commission regulates and shall be recommended by the Chairman of the Commission;

(iii) 2 shall represent health professions and be recommended by the Secretary of Health;

(iv) 2 shall represent industry;

(v) 2 shall represent labor; and

(vi) 3 shall represent the public.

(b) Each appointed member shall be chosen on the basis of competence and experience in the field of occupational safety and health.

(c) (1) The term of an appointed member is 6 years and begins on July 1.

(2) The terms of the appointed members are staggered as required by the terms provided for members of the Board on October 1, 1991.

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

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

(d) The Governor may remove a member for incompetence or misconduct.
Md. Code, Corporations and Associations § 5-509 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-509
§5–509.
Status: in_force

A stock certificate may not be issued to any subscriber until the stock is full paid. In a cooperative organized without capital stock, a certificate of membership may not be issued to any person until the membership fee is paid in full.
Md. Code, Corporations and Associations § 5-327 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-327
§5–327.
Status: in_force

The absence of a trust clause in any deed or other conveyance executed before June 1, 1953, does not relieve or exclude a local church in any way from its Methodist connectional responsibilities or from the provisions of this part and does not absolve a local congregation or board of trustees of its responsibility to the United Methodist Church, if such an intent of the founders or the later congregations and boards of trustees is indicated by:

(1) The conveyance of the assets to the trustees of the local church or any of its predecessors;

(2) The use of the name, customs, and polity of the United Methodist Church in such a way as to be known to the community as part of this denomination; or

(3) The acceptance of the pastorate of ministers appointed by a bishop of the United Methodist Church or employed by the superintendent of the district in which the local church is located.
Md. Code, Family Law § 5-510 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-510
§5–510.
Status: in_force

To apply for a license under this subtitle, an applicant shall submit an application to the Administration on the form that the Administration requires.
Md. Code, Family Law § 5-3B-25 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-25
§5–3B–25.
Status: in_force

(a) This subsection does not limit the right of an individual to provide for distribution of property by will.

(b) Except as provided in § 2-123 of the Real Property Article, after a court enters an order for adoption under this subtitle:

(1) the adoptee:

(i) is the offspring of the adoptive parent for all intents and purposes; and

(ii) is entitled to all of the rights and privileges of and is subject to all of the obligations of offspring born to the adoptive parent;

(2) each of the adoptee’s living parents is:

(i) relieved of all parental duties and obligations to the adoptee; and

(ii) divested of all parental rights as to the adoptee; and

(3) the Estates and Trusts Article shall govern all of the rights of inheritance between the adoptee and parental relatives.

(c) Adoption of an adult has the same legal effect as adoption of a minor.
Md. Code, Criminal Procedure § 5-206 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

In a criminal case, a judge may reinstate any bail, bond, or recognizance for criminal charges discharged at a preliminary hearing in the District Court, if a new charging document arises out of the substantially same set of facts.
Md. Code, Family Law § 5-538 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-538
§5–538.
Status: in_force

(a) The State Board shall meet not less than once every 3 months and more frequently on the call of the chair.

(b) A member of the State Board:

(1) may not receive compensation; but

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

(c) The State Board may employ a staff in accordance with the State budget.
Md. Code, General Provisions § 5-845 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-845
§5–845.
Status: in_force

(a) The County Council has no legal duty to verify the accuracy of any disclosure statement filed under this part.

(b) Failure by any person, including the Chief Hearing Examiner of the Office of Zoning and Administrative Hearings, to comply with this part is not grounds for invalidation of any decision by the County Council, sitting as the District Council, for which a disclosure statement is required.
Md. Code, Public Safety § 5-207 — MD Code / Article gps / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

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

(b) In this section, “loan” includes a temporary gratuitous exchange of a rifle or shotgun.

(c) A licensee or any other person may not sell, rent, transfer, or loan a rifle or shotgun to a purchaser, lessee, transferee, or recipient who the licensee or other person knows or has reasonable cause to believe:

(1) has been convicted of a disqualifying crime, as defined in § 5–101 of this title;

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

(3) is a fugitive from justice;

(4) is a habitual drunkard as defined in § 5–101 of this title;

(5) is addicted to a controlled dangerous substance or is a habitual user as defined in § 5–101 of this title;

(6) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article, and has a history of violent behavior against the purchaser, lessee, transferee, recipient, or another, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

(7) has been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

(8) has been found not criminally responsible under § 3–110 of the Criminal Procedure Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

(9) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

(10) has been involuntarily committed for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

(11) is under the protection of a guardian appointed by a court under § 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

(12) is a respondent against whom:

(i) a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or

(ii) an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or Native American tribe and is in effect;

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

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

(15) is a participant in a straw purchase; or

(16) intends to use the rifle or shotgun to:

(i) commit a crime; or

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

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
Md. Code, Agriculture § 5-113 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-113
§5–113.
Status: in_force

In addition to any other penalty provided by this article, the registration of any pesticide with reference to which any violation has occurred shall terminate automatically if the registrant is convicted of any violation of this subtitle. If the registration of any pesticide terminates, the pesticide may not be registered again unless the Department determines that the pesticide, its labeling, and other material required to be submitted comply with the requirements of this subtitle.
Md. Code, Health - General § 5-305 — MD Code / Article ghg / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

(a) (1) The Department may employ a staff in accordance with the State budget for the operation of the Office and to maintain accreditation.

(2) The staff shall include:

(i) 1 chief medical examiner;

(ii) 2 deputy chief medical examiners;

(iii) Assistant medical examiners;

(iv) 1 chief State toxicologist, 1 deputy chief State toxicologist, lead toxicologists, and assistant toxicologists;

(v) 1 serologist;

(vi) In accordance with the number of positions approved by the Accreditation Council for Graduate Medical Education, fellow medical doctors who are training in forensic pathology;

(vii) 1 chief forensic investigator, 2 deputy chief forensic investigators, lead forensic investigators, and assistant forensic investigators; and

(viii) 1 autopsy services supervisor, 1 deputy supervisor, lead autopsy technicians, and assistant autopsy technicians.

(3) Notwithstanding any other provision of law, the Department may employ any physician on a contract basis for part–time services or per diem services.

(4) The Department shall ensure that the number of staff employed at the Office does not fall to a level that would constitute a Phase II violation according to the National Association of Medical Examiners.

(b) (1) The Chief Medical Examiner and deputy chief medical examiners shall be board certified in anatomic and forensic pathology by the American Board of Pathology.

(2) Assistant medical examiners appointed on or after October 1, 2008, shall be certified by the American Board of Pathology in anatomic and forensic pathology or obtain that certification within the assistant medical examiner’s period of board eligibility provided by the American Board of Pathology.

(3) The Secretary shall consult with the Committee regarding matters related to the employment of the Chief Medical Examiner.

(c) With the approval of the Secretary of Budget and Management, the Department shall set the compensation for personnel appointed under subsection (a)(2) of this section.

(d) The Office shall see that proper equipment is provided for the medical examiners.

(e) The Chief Medical Examiner, a deputy chief medical examiner, or an assistant medical examiner shall be on call at all times to perform the duties set forth in this subtitle.

(f) The State budget shall include an appropriation to carry out this subtitle, including provisions for:

(1) The fee for an authorized pathologist;

(2) The necessary expenses for transportation of a body for examination by a medical examiner or for autopsy; and

(3) In the case of a victim of homicide, the necessary expenses for transportation of the body from the site of the autopsy or examination to a location within the State specified by the victim’s family.
Md. Code, Criminal Law § 5-810 — MD Code / Article gcr / Title 5 / Subtitle 8 / Section 5-810
§5–810.
Status: in_force

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

(2) “Drug crime” means:

(i) a violation of this title;

(ii) a violation of Title 12 of the Criminal Procedure Article; or

(iii) a violation of the law of any other jurisdiction if the prohibited conduct would be a violation of this title or Title 12 of the Criminal Procedure Article if committed in this State.

(3) “License” has the meaning stated in § 10–1401 of the State Government Article.

(4) “Licensing authority” has the meaning stated in § 10–1401 of the State Government Article.

(5) “Licensing information” means a statement of:

(i) each license held by the defendant on the date of sentencing;

(ii) the full name of the licensee as it appears on the license and, if different, as it appears in the court’s docket;

(iii) the birth date of the licensee; and

(iv) the name of each licensing authority by whom the defendant is licensed.

(b) (1) If an individual is convicted of a drug crime, the court:

(i) shall determine at sentencing whether the individual holds a license; and

(ii) if the individual holds a license, shall obtain the licensing information.

(2) If the individual holds a license, at sentencing, the court shall make a prima facie finding of fact as to whether a relationship exists between the conviction and the license including:

(i) a determination of the individual’s ability to perform the tasks authorized by the license;

(ii) a finding of whether the public will be protected if the individual continues to perform the tasks authorized by the license;

(iii) a finding of whether the nature and circumstances of the drug crime merit referral to the licensing authority; and

(iv) a finding of any other facts that the court considers relevant.

(3) If the court makes a prima facie finding of fact that a relationship between the conviction and the license exists, the court shall follow the procedures under subsection (c) of this section.

(c) (1) This subsection applies to a conviction of a licensee for a drug crime if:

(i) the licensee has at least one prior conviction or probation before judgment for a drug crime committed on or after January 1, 1991; or

(ii) 1. the licensee does not have a prior conviction or probation before judgment for a drug crime committed on or after January 1, 1991; and

2. the court makes a prima facie finding of fact that a relationship exists between the conviction and the license under subsection (b) of this section.

(2) On conviction of a licensee, the court shall:

(i) notify the clerk of the court of the determination; and

(ii) provide the clerk of the court with the licensing information.

(3) The clerk of the court shall certify and report the conviction and the licensing information to the licensing authority, under administrative orders that the Chief Justice of the Supreme Court of Maryland adopts.

(d) If the court makes a prima facie finding of fact under subsection (b) of this section that a relationship between the conviction and the license does not exist, the clerk may not certify or report to a licensing authority the conviction or the licensing information.
Md. Code, Education § 5-219 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-219
§5–219.
Status: in_force

For the regional cost differences of providing education services, the State shall distribute in fiscal year 2022 and 2023 the following amounts to the following county boards:

County Board Fiscal Year 2022 Fiscal Year 2023

Anne Arundel $11,279,907 $11,648,498

Baltimore City $23,001,580 $23,399,130

Baltimore $6,714,151 $6,903,262 Calvert $2,441,896 $2,468,678 Carroll $2,581,183 $2,626,795 Charles $4,008,206 $4,119,541 Frederick $7,629,055 $7,829,066 Howard $6,541,811 $6,781,197 Kent $136,228 $137,449 Montgomery $41,131,349 $42,290,391

Prince George’s $47,196,798 $48,807,990

Queen Anne’s $615,392 $630,307 St. Mary’s $259,366 $267,347
Md. Code, Economic Development § 5-1407 — MD Code / Article gec / Title 5 / Subtitle 14 / Section 5-1407
§5–1407.
Status: in_force

(a) (1) (i) A qualified institution, a county and, if applicable, a municipal corporation, or the economic development agency of a county or municipal corporation may establish a program to provide rental assistance to a business entity that:

1. moves into or locates in a RISE zone on or after the date that the zone is designated under this subtitle;

2. has nexus with a qualified institution located in the RISE zone; and

3. has been in active business not longer than 7 years.

(ii) A business entity may not receive rental assistance under a rental assistance program established in accordance with subparagraph (i) of this paragraph for more than 3 years.

(2) (i) A qualified institution, a county and, if applicable, a municipal corporation, or the economic development agency of a county or municipal corporation that establishes a rental assistance program in accordance with paragraph (1) of this subsection may submit a request to receive a distribution of matching funds from the Fund.

(ii) The application shall include:

1. a description of the rental assistance program;

2. the amount of funding that the applicant has secured to provide rental assistance under the rental assistance program;

3. the amount requested for distribution from the Fund in accordance with this section; and

4. any other information requested by the Department.

(iii) The applicant shall submit the application on or before the date that the Department specifies.

(b) (1) The Department shall review each request for distribution of matching funds from the Fund for compliance with the provisions of this section and Department regulations.

(2) Subject to the availability of funds in the Fund and paragraph (3) of this subsection, if the Department approves a request for distribution of matching funds from the Fund, the Department shall distribute to a fund dedicated to the applicant’s rental assistance program an amount equal to three times the amount of funding specified under subsection (a)(2)(ii)2 of this section.

(3) Except as provided in subsection (c) of this section, the Department shall make available not more than 25% of cumulative program funds from the Fund for rental assistance programs in a single RISE zone.

(c) (1) Within 90 days after approval by the Department of a request for matching funds under subsection (a) of this section, the applicant shall deposit an amount equal to or greater than the amount specified under subsection (a)(2)(ii)2 of this section into a fund dedicated to the applicant’s rental assistance program.

(2) If an applicant fails to have deposited the amount required under paragraph (1) of this subsection, any portion of funds allocated to the applicant that has not been distributed shall be reallocated to another applicant in accordance with this section.

(3) If the Department fails to allocate the funds in the Fund under this subtitle and rental assistance programs in a single RISE zone have previously received 25% of cumulative program funds from the Fund, the Department may distribute additional funds to applicants for that RISE zone in accordance with this subtitle.

(d) (1) On or before September 15 each year, a rental assistance program that has received a distribution of funds from the Fund shall submit to the Department an annual report in the form and containing the information required by the Secretary.

(2) The report required under paragraph (1) of this subsection shall detail the use of funds received under this section for the immediately preceding fiscal year and provide an update on any funds that were not disbursed during that fiscal year.

(3) The Department may not distribute matching funds from the Fund to a rental assistance program under this section if the rental assistance program has failed to submit the report required under paragraph (1) of this subsection.

(e) A rental assistance program that receives a distribution of matching funds from the Fund shall be subject to an audit at least once every 3 years by an independent certified public accountant that the applicant and the Department select.

(f) Based on the findings of an audit conducted under subsection (e) of this section, the Department may make an assessment against a qualified institution, a county, a municipal corporation, or an economic development agency to recapture any misused or undistributed funds.
Md. Code, Family Law § 5-712 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-712
§5–712.
Status: in_force

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

(2) (i) “Emergency medical treatment” means medical or surgical care rendered by a provider in a laboratory, health care facility, or child advocacy center to a child under this section:

1. to relieve any urgent illness, injury, severe emotional distress, or life–threatening health condition; or

2. to determine the existence, nature, or extent of any possible abuse or neglect.

(ii) “Emergency medical treatment” includes, if appropriate, the use of telemedicine to achieve a timely expert diagnosis of child abuse or neglect.

(3) “Expert child abuse or neglect care” means the diagnosis or treatment of child abuse or neglect provided by:

(i) a physician;

(ii) a multidisciplinary team or multidisciplinary team member;

(iii) a health care facility; or

(iv) a staff member of a health care facility who is an expert in the field of abuse and neglect.

(4) “Multidisciplinary team” means a group of professionals with expertise in various professional disciplines who provide consultation, treatment, and planning in cases of child abuse and neglect.

(5) “Provider” includes a physician, multidisciplinary team or multidisciplinary team member, a child advocacy center, a health care facility, or health care facility personnel.

(b) Any provider who is licensed or authorized to practice a profession in this State shall examine or treat any child, with or without the consent of the child’s parent, guardian, or custodian, to determine the nature and extent of any abuse or neglect to the child if the child is brought to the provider:

(1) in accordance with a juvenile court order;

(2) by a representative of a local department of social services who states that the representative believes the child is an abused or neglected child;

(3) by a police officer who states that the officer believes that the child is an abused or neglected child; or

(4) by an individual required under § 5–704 of this subtitle to report suspected child abuse or neglect.

(c) If a provider examines a child under subsection (b) of this section and determines that emergency medical treatment or expert child abuse or neglect care is indicated, the provider may treat the child, with or without the consent of the child’s parent, guardian, or custodian.

(d) A provider who examines or treats a child under this section shall have the immunity from liability described under § 5–621 of the Courts and Judicial Proceedings Article.

(e) (1) In accordance with regulations adopted by the Executive Director of the Governor’s Office of Crime Prevention and Policy, the Governor’s Office of Crime Prevention and Policy shall pay for emergency medical treatment charges that are incurred on behalf of a child who is examined or treated under this section.

(2) The child’s parent or guardian is liable to the Governor’s Office of Crime Prevention and Policy for the payments and shall take any steps necessary to secure health benefits available for the child from a public or private benefit program.

(3) The local department shall:

(i) immediately determine whether a child treated or examined under this section is eligible for medical assistance payments; and

(ii) secure medical assistance benefits for any eligible child examined or treated under this section.

(f) To the extent possible, the Governor shall include in the annual State budget funds for the payment of emergency medical treatment for children examined or treated under this section.
Md. Code, Health - General § 5-509 — MD Code / Article ghg / Title 5 / Subtitle 5 / Section 5-509
§5–509.
Status: in_force

(a) (1) Any individual who is 18 years of age or older may decide the disposition of the individual’s own body after that individual’s death without the predeath or post–death consent of another person by:

(i) Executing a document that expresses the individual’s wishes regarding disposition of the body, including a document designating a person to act as authorizing agent; or

(ii) Entering into a pre–need contract.

(2) The person designated on a United States Department of Defense Record of Emergency Data (DD Form 93), or its successor form, as the person authorized to direct disposition may serve as the authorizing agent for a decedent, if the decedent:

(i) Died while serving in the uniformed services; and

(ii) Executed the United States Department of Defense Record of Emergency Data (DD Form 93), or its successor form.

(3) An authorizing agent is bound by any valid document executed under this subsection in making decisions regarding the final disposition of the decedent’s body.

(b) In order to be valid, any document executed under subsection (a) of this section must be written and signed by the individual in the presence of a witness, who, in turn, shall sign the document in the presence of the individual.

(c) The following persons, in the order of priority stated, have the right to serve as the authorizing agent for a decedent:

(1) If the decedent executed a valid document under subsection (a) of this section:

(i) The person designated on the United States Department of Defense Record of Emergency Data (DD Form 93), or its successor form, as the person authorized to direct disposition; or

(ii) The person designated as an authorizing agent by a decedent in the valid document executed under subsection (a)(1) of this section; or

(2) Unless a person has knowledge that contrary directions have been given by the decedent, if a decedent has not executed a document under subsection (a) of this section:

(i) The surviving spouse or domestic partner of the decedent;

(ii) An adult child of the decedent;

(iii) A parent of the decedent;

(iv) An adult brother or sister of the decedent;

(v) An adult grandchild of the decedent;

(vi) A person acting as a representative of the decedent under a signed authorization of the decedent that does not meet the requirements of subsection (b) of this section;

(vii) The guardian of the person of the decedent at the time of the decedent’s death, if one has been appointed; or

(viii) In the absence of any person under items (i) through (vii) of this item, any other person willing to assume the responsibility to act as the authorizing agent, including the personal representative of the decedent’s estate, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under items (i) through (vii) of this item.

(d) (1) Subject to paragraph (2) of this subsection, if a decedent has more than one survivor under subsection (c)(2)(i) through (v) of this section, any adult child, parent, adult brother or sister, or adult grandchild of the decedent who confirms in writing to a practitioner that all of the other members of the same class have been notified may serve as the authorizing agent for purposes of § 5–502 of this subtitle unless the practitioner receives a written objection to the cremation from another member of that class within 24 hours.

(2) If a decedent has more than one survivor under subsection (c)(2)(i) through (v) of this section, the majority of a class may serve as the authorizing agent.

(e) In the case of an individual whose final disposition is the responsibility of the State or any of its instrumentalities, a public administrator, medical examiner, coroner, State–appointed guardian, or any other public official charged with arranging the final disposition of the decedent may serve as the authorizing agent.

(f) In the case of an individual who has donated the individual’s body to medical science or whose death occurred in a nursing home or other private institution, a representative of the institution to which the body was donated or in which the decedent died shall authorize cremation for purposes of § 5–502 of this subtitle if the decedent executed cremating authorization forms and the institution is charged with making arrangements for the final disposition of the body.

(g) (1) This subsection may not be construed to require a licensed mortician, licensed funeral director, or licensed funeral establishment to make any notification regarding the right of disposition.

(2) A person shall forfeit the right of final disposition of the body of a decedent under subsection (c) of this section and the right shall pass to the next qualifying person, if the person:

(i) Does not exercise the right of disposition within 7 days after notification by a funeral establishment of the death of the decedent, or within 10 days after the decedent’s death, whichever is earlier;

(ii) Subject to paragraph (3) of this subsection, is charged with first– or second–degree murder or voluntary manslaughter in connection with the decedent’s death and the charges are known to the funeral director; or

(iii) Is the subject of an active interim, temporary, or final protective order and the decedent was a person eligible for relief, as defined under § 4–501 of the Family Law Article, under the order and a copy of the order is presented to the funeral director.

(3) A person whose right of disposition was forfeited under paragraph (2)(ii) of this subsection shall have the right restored, if:

(i) The criminal charges are dismissed; or

(ii) The person is acquitted of the criminal charges.

(4) A person may waive the right of final disposition of the body of a decedent under subsection (c) of this section and the right shall pass to the next qualifying person, if:

(i) The person waives the right of disposition in writing; and

(ii) The writing is submitted to the practitioner or funeral establishment.

(5) A practitioner or funeral establishment may not be held civilly liable for acting in reliance on this subsection.
Md. Code, Business Regulation § 5-708 — MD Code / Article gbr / Title 5 / Subtitle 7 / Section 5-708
§5–708.
Status: in_force

(a) The trustee may not disburse specific funds until preneed goods are delivered or preneed services are performed as provided in the preneed burial contract or in this subtitle.

(b) On performance of a preneed burial contract:

(1) the seller shall certify to the trustee:

(i) delivery of the preneed goods or performance of the preneed services; and

(ii) the amount of specific funds in the trust account; and

(2) the trustee shall then pay to the seller the specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds.

(c) (1) In a seller’s records, the seller may itemize preneed goods or preneed services to which the trust requirements of this subtitle apply and the consideration paid or to be paid for each item.

(2) If a seller itemizes in accordance with paragraph (1) of this subsection, on performance of that part of a preneed burial contract identified for itemized preneed goods or preneed services:

(i) the seller shall certify to the trustee:

1. delivery of the preneed goods or performance of the preneed services; and

2. the amount of the specific funds identified in the seller’s records for those preneed goods or preneed services; and

(ii) the trustee shall then pay to the seller those specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds.

(d) (1) If a preneed burial contract provides, for 2 or more individuals or pets, preneed goods or preneed services to which the trust requirements of this subtitle apply, a seller may designate in the seller’s records the consideration paid for each individual or pet.

(2) On performance of that part of the preneed burial contract identified to a particular individual:

(i) the seller shall certify to the trustee:

1. delivery of the preneed goods or performance of the preneed services; and

2. the amount of the specific funds applicable to that part of the preneed burial contract; and

(ii) the trustee shall then pay to the seller those specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds.
Md. Code, Insurance § 5-706 — MD Code / Article gin / Title 5 / Subtitle 7 / Section 5-706
§5–706.
Status: in_force

(a) A judgment creditor or other claimant of an insurer may not levy on any of the cash or government securities held on deposit under this subtitle for the protection of the insurer’s policyholders and creditors.

(b) A judgment creditor or other claimant of an insurer may levy on a deposit required under Title 6, Subtitle 3 of this article if allowed by the notice of the Commissioner requiring the deposit to be made.
Md. Code, State Finance and Procurement § 5A-102 — MD Code / Article gsf / Title 5A / Subtitle 1 / Section 5A-102
§5A–102.
Status: in_force

The Division of Historical and Cultural Programs includes the Maryland Historical Trust.
Md. Code, Economic Development § 5-325 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-325
§5–325.
Status: in_force

(a) Subject to the restrictions of this subtitle, the Department or Authority may impose the terms and conditions on financial assistance from the Fund as either considers appropriate.

(b) (1) Except as provided in paragraph (2), (3), or (4) of this subsection, financial assistance from the Fund may not exceed 70% of the total costs of the project being financed.

(2) Financial assistance from the Fund may constitute 100% of the total costs of the project being financed if:

(i) the recipient is the Corporation; or

(ii) the financial assistance is for:

1. an arts and entertainment enterprise;

2. an arts and entertainment project; or

3. a Tier I county project.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, financial assistance from the Fund:

1. may be used to finance up to 50% of the costs of construction, purchase, or renovation of real property, fixtures, or equipment related to a child care facility; but

2. may not be used for working capital, supplies, or inventory related to a child care facility.

(ii) Financial assistance from the Fund may be used to finance up to 20% of the costs described in subparagraph (i) of this paragraph incurred by a business that has received or will receive a day care loan insured by the Maryland Industrial Development Financing Authority.

(4) Financial assistance for preparation of a strategy or plan for economic development of a county or municipal corporation may not exceed:

(i) 50% of the costs of preparation; or

(ii) $50,000 in a 3–year period.

(c) (1) A loan from the Fund shall bear an interest rate below the market rate of interest, as determined by the Department, if the loan is for:

(i) a significant strategic economic development opportunity; or

(ii) a specialized economic development opportunity.

(2) A loan from the Fund for a Tier I county project shall bear an interest rate determined by the Department or the Authority.

(3) A loan from the Fund shall bear an interest rate not exceeding one–eighth of 1% plus the net interest cost of the most recent State general obligation bond issue preceding the approval of the loan if the loan is:

(i) for a local economic development opportunity; or

(ii) to a local government.

(4) A loan from the Fund may not bear an interest rate of less than 3% unless:

(i) the project funded by the loan is located in an area of high unemployment; or

(ii) the Department determines that the borrower is carrying out a compelling economic development initiative.

(d) (1) The Department may waive interest during the first 2 years of the term of a loan from the Fund.

(2) If a borrower defaults on a loan from the Fund, the Department may impose an interest rate that exceeds the limits set forth in subsection (c)(1) or (3) of this section.

(e) The term of a loan from the Fund may not exceed:

(1) for working capital, 3 years;

(2) for financing equipment, furnishings, or fixtures, the lesser of 15 years or the useful life of the asset, as determined by the Department;

(3) for financing the construction or acquisition of buildings and real property, 25 years; and

(4) for financing the redevelopment of a qualified brownfields site or a Tier I county project, a term approved by the Department or Authority.
Md. Code, Corporations and Associations § 5-301.1 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-301.1
§5–301.
Status: in_force

§5–301.1.

Except as otherwise provided in this subtitle or in any other provision of law, this part applies to every religious corporation formed in this State by any church.
Md. Code, Health - General § 5-616 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-616
§5–616.
Status: in_force

(a) The provisions of this subtitle are cumulative with existing law regarding an individual’s right to consent or refuse to consent to medical treatment and do not impair any existing rights or responsibilities which a health care provider, a patient, including a minor or incompetent patient, or a patient’s family may have in regard to the provision, withholding, or withdrawal of life–sustaining procedures under the common law or statutes of the State.

(b) A valid living will or durable power of attorney for health care made prior to October 1, 1993, shall be given effect as provided in this article, even if not executed in accordance with the terms of this article.
Md. Code, Natural Resources § 5-902 — MD Code / Article gnr / Title 5 / Subtitle 9 / Section 5-902
§5–902.
Status: in_force

(a) The General Assembly declares that there is need for a program to make funds available to State agencies and any subdivision to:

(1) Expedite acquisition of outdoor recreation and open space areas before escalating cost of land prevents its purchase for public use and before potential areas are devoted to some other use; and

(2) Accelerate development and capital renewal of needed outdoor recreation facilities, including the provision of public access to the facilities.

(b) This program is known as Program Open Space and carries out the recommendations of the 1968 Legislative Council committee on recreational areas. By enacting this program, the General Assembly intends to provide funds to the State and its subdivisions to enable them to acquire land for outdoor public recreation and open space use and develop and provide public access to the land for public recreation.

(c) (1) To effectuate the purposes of this section, the General Assembly has established a transfer tax funding program under Title 13, Subtitle 2 of the Tax – Property Article.

(2) In addition to or in lieu of the funding under paragraph (1) of this subsection, Program Open Space funding may be provided in the State Consolidated Capital Bond Funding Program or in a separate bond enabling act.

(3) In any fiscal year for which funding for Program Open Space is provided through the State Consolidated Capital Bond Funding Program or other bond enabling act, except as otherwise expressly provided under the bond enabling act through which the funding is provided:

(i) The debt allocations shall be provided to the Department of Natural Resources and the Department shall allocate funds among local governing bodies according to the apportionment formula described in § 5–903 of this subtitle; and

(ii) For fiscal years 2011 through 2013 only, the allocations provided under § 5–903 of this subtitle of the funds distributed to Program Open Space under § 13–209 of the Tax – Property Article shall be adjusted to reduce the amount that would otherwise be allocated for any purpose by the amount of funding provided for that purpose under the bond enabling act.
Md. Code, Financial Institutions § 5-1103 — MD Code / Article gfi / Title 5 / Subtitle 11 / Section 5-1103
§5–1103.
Status: in_force

(a) An out–of–state bank holding company may acquire one or more savings and loan associations and convert one or more of the acquired savings and loan associations into one or more commercial banks or one or more newly–formed commercial banks that have acquired or will acquire one or more savings and loan associations, if the out–of–state bank holding company and the entity to be acquired:

(1) File jointly an application and a plan of acquisition for approval with the Commissioner that contain the information the Commissioner may require;

(2) Submit with the application:

(i) The designation of a resident of this State as the applicant’s agent for the service of any paper, notice, or legal process on the applicant in connection with matters arising out of this subtitle; and

(ii) A filing fee of $5,000; and

(3) Receive approval of the acquisition from the Commissioner after the Commissioner has received:

(i) Advice from the Director of the Division of Savings and Loan Associations and the Fund Director of the State of Maryland Deposit Insurance Fund Corporation; and

(ii) The concurrence of the Secretary of Labor.

(b) (1) The plan of acquisition under this section shall contain sufficient information to allow the Commissioner to consider the following:

(i) The financial and managerial resources of the out–of–state bank holding company;

(ii) The future prospects and business plan for the successor commercial bank;

(iii) The financial history and future prospects of the out–of–state bank holding company;

(iv) The impact of the proposed acquisition on competition and concentration of financial resources in this State;

(v) Initial capital investments, loan policy, investment policy, dividend policy, and general plan of business, including the amount and cost of consumer and business services to be offered in this State; and

(vi) The corporate and regulatory steps necessary to consummate the acquisition.

(2) An out–of–state bank holding company that has made an acquisition under this subtitle shall, within 30 days of adoption, submit to the Commissioner a copy of its most recently adopted federal Community Reinvestment Act statement.

(3) Within 30 days of receipt, the holding company shall submit to the Commissioner a copy of the public portion of its most recent Community Reinvestment Act performance evaluation prepared by the federal regulatory agency that examines the holding company, together with a copy of any written response to the evaluation prepared by the holding company for its public Community Reinvestment Act file.

(4) (i) Upon request, the Commissioner shall make available to the public a copy of the documents submitted under this subsection.

(ii) The Commissioner may charge a reasonable fee to a person requesting a copy to help defray the costs of providing copies of the documents to the public.

(c) (1) Except as otherwise provided by law, any person who knowingly submits false information to the Commissioner while complying with this section is guilty of a misdemeanor.

(2) A person who violates this section is subject to a fine of not more than $1,000, or imprisonment for not more than 5 years, or both.

(d) The Commissioner may not grant approval of an acquisition and conversion under this subsection unless the Commissioner finds:

(1) One or more of the savings and loan associations to be acquired:

(i) Was placed into a conservatorship or receivership under Title 9, Subtitle 7 of this article before October 15, 1985, and continues to be under the control of a conservator or receiver at the time the plan of acquisition is filed; or

(ii) Before October 15, 1985, has been the subject of an executive order imposing limitations on withdrawals from savings accounts that are more restrictive than those set forth in Executive Order 01.01.1985.11 (May 21, 1985), as amended;

(2) (i) The aggregate total savings account liability of the association or associations to be acquired was at least $450,000,000 on June 1, 1985; or

(ii) The aggregate total savings account liability is less than $450,000,000 but greater than $250,000,000 on June 1, 1985, and the approval is:

1. Reasonably required to protect the welfare of the general economy of this State and of the acquired association or associations;

2. Not detrimental to the public interest or to the acquired association or associations;

3. Consistent with the general need for banking services in the State; and

4. Concurred in by the Governor;

(3) Exigent circumstances exist such that the planned acquisition is necessary to maintain the viability or prevent the probable failure of one or more of the savings and loan associations to be acquired;

(4) The out–of–state bank holding company has sufficient financial strength to assume its obligations under item (5) of this subsection;

(5) The application contains the unconditional undertaking of the out–of–state bank holding company to be bound by the provisions of § 5–1107 of this subtitle;

(6) The commercial bank to be formed will be a member of the Federal Reserve System; and

(7) That, upon the completion of any mergers, conversions, or acquisition to be made under the plan of acquisition, immediate access to savings accounts by account holders is provided subject to any terms and conditions governing those savings accounts.

(e) (1) Each merger, conversion, or acquisition to be made under the plan of acquisition:

(i) Except as provided in this subtitle, shall comply with Title 3 of the Corporations and Associations Article;

(ii) Shall be approved by the board of directors of each commercial bank and savings and loan association; and

(iii) Subject to the provisions of paragraph (3) of this subsection, requires approval by a majority vote of the total number of votes entitled to be cast on the matter.

(2) As to each conversion, the savings and loan association to be converted shall file with the Commissioner a bank charter and otherwise comply with § 3–203 of this article.

(3) Sufficient evidence of the approval required by paragraph (1)(iii) of this subsection is a written consent signed by the shareholders or members having not less than a majority of the votes that would be entitled to be voted at a meeting at which all shareholders or members were present.

(4) Notwithstanding any other provision of this section or any other law, the approval by the shareholders or members of a savings and loan association for which a receiver has been appointed under § 9–708 of this article of a merger, conversion, or acquisition involving that savings and loan association is not required if, after notice and a hearing, the circuit court administering the receivership determines that:

(i) The savings and loan association is insolvent; or

(ii) The merger, conversion, or acquisition will not result in the shareholders or members of the association receiving property of a lesser value in their capacity as shareholders or members than they otherwise would upon a complete liquidation of the savings and loan association in receivership.

(f) The provisions of Title 3, Subtitle 7 and Title 9, Subtitle 6 of this article do not apply to any consolidation, merger, transfer of assets, or conversion under this subtitle.
Md. Code, Agriculture § 5-204 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

The Secretary, by suitable administrative procedures including public hearings, if appropriate, shall:

(1) Adopt rules and regulations governing the storage, sale, distribution, exchange, use, and disposal of any pesticide and its container;

(2) Prescribe, when necessary, the time and conditions under which a pesticide may be sold, distributed, exchanged, or used in different areas of the State;

(3) Provide, if necessary, that extremely hazardous pesticides may be sold, distributed, exchanged, or applied only when special permission first is obtained from the Secretary;

(4) Define the formulations and establish the conditions and appropriate areas for application of any pesticide;

(5) Establish guidelines and requirements for the application of pesticides and providing for submission of records to the Secretary;

(6) Design and conduct an appropriate educational program on the use of pesticides and the necessity for care when applying them;

(7) Encourage, conduct and support research which will contribute to optimal uses of pesticides for maximum public benefit and minimum public damage;

(8) Require that records be kept by all licensees and permittees;

(9) Employ inspectors and other employees necessary for the proper enforcement of the provisions of this subtitle and the rules and regulations adopted pursuant to it;

(10) Coordinate and support pesticide monitoring programs;

(11) Establish appropriate categories and, if necessary, subcategories of applicators of pesticides;

(12) Establish guidelines and requirements for all licensees, certificate holders, and permittees for the identification of pests and their methods of inspection of property to determine the presence of pests;

(13) For purposes of uniformity and in order to enter into cooperative agreements, adopt use classifications and other pertinent pesticide regulation provisions that are established by the U. S. Environmental Protection Agency; and

(14) Cooperate with State or federal agencies as is reasonable and proper to carry out the provisions of this subtitle.
Md. Code, Health - General § 5-603 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

Maryland Advance Directive:

Planning for Future Health Care Decisions

By: Date of Birth: _________________________

(Print Name) (Month/Day/Year)

Using this advance directive form to do health care planning is completely optional. Other forms are also valid in Maryland. No matter what form you use, talk to your family and others close to you about your wishes.

This form has two parts to state your wishes, and a third part for needed signatures. Part I of this form lets you answer this question: If you cannot (or do not want to) make your own health care decisions, who do you want to make them for you? The person you pick is called your health care agent. Make sure you talk to your health care agent (and any back–up agents) about this important role. Part II lets you write your preferences about efforts to extend your life in three situations: terminal condition, persistent vegetative state, and end–stage condition. In addition to your health care planning decisions, you can choose to become an organ donor after your death by filling out the form for that too.

You can fill out Parts I and II of this form, or only Part I, or only Part II. Use the form to reflect your wishes, then sign in front of two witnesses (Part III). If your wishes change, make a new advance directive.

Make sure you give a copy of the completed form to your health care agent, your doctor, and others who might need it. Keep a copy at home in a place where someone can get it if needed. Review what you have written periodically.

PART I: SELECTION OF HEALTH CARE AGENT

A. Selection of Primary Agent

I select the following individual as my agent to make health care decisions for me:

Name:

Address:

Telephone Numbers:

(home and cell)

B. Selection of Back–up Agents

(Optional; form valid if left blank)

1. If my primary agent cannot be contacted in time or for any reason is unavailable or unable or unwilling to act as my agent, then I select the following person to act in this capacity:

Name: _________________________________________________________________________

Address: _______________________________________________________________________

________________________________________________________________________________

Telephone Numbers:_____________________________________________________________

(home and cell)

2. If my primary agent and my first back–up agent cannot be contacted in time or for any reason are unavailable or unable or unwilling to act as my agent, then I select the following person to act in this capacity:

Name: _________________________________________________________________________

Address: _______________________________________________________________________

________________________________________________________________________________

Telephone Numbers:_____________________________________________________________

(home and cell)

C. Powers and Rights of Health Care Agent

I want my agent to have full power to make health care decisions for me, including the power to:

1. Consent or not consent to medical procedures and treatments which my doctors offer, including things that are intended to keep me alive, like ventilators and feeding tubes;

2. Decide who my doctor and other health care providers should be; and

3. Decide where I should be treated, including whether I should be in a hospital, nursing home, other medical care facility, or hospice program.

I also want my agent to:

1. Ride with me in an ambulance if ever I need to be rushed to the hospital; and

2. Be able to visit me if I am in a hospital or any other health care facility.

This advance directive does not make my agent responsible for any of the costs of my care.

This power is subject to the following conditions or limitations:

(Optional; form valid if left blank)

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

D. How My Agent Is to Decide Specific Issues

I trust my agent’s judgment. My agent should look first to see if there is anything in Part II of this advance directive that helps decide the issue. Then, my agent should think about the conversations we have had, my religious or other beliefs and values, my personality, and how I handled medical and other important issues in the past. If what I would decide is still unclear, then my agent is to make decisions for me that my agent believes are in my best interest. In doing so, my agent should consider the benefits, burdens, and risks of the choices presented by my doctors.

E. People My Agent Should Consult

(Optional; form valid if left blank)

In making important decisions on my behalf, I encourage my agent to consult with the following people. By filling this in, I do not intend to limit the number of people with whom my agent might want to consult or my agent’s power to make these decisions.

Name(s) Telephone Number(s)

_____________________________________ ________________________________________

_____________________________________ ________________________________________

_____________________________________ ________________________________________

_____________________________________ ________________________________________

_____________________________________ ________________________________________

_____________________________________ ________________________________________

F. In Case of Pregnancy

(Optional, for women of child–bearing years only; form valid if

left blank)

If I am pregnant, my agent shall follow these specific instructions:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

G. Access to My Health Information – Federal Privacy Law (HIPAA)

Authorization

1. If, prior to the time the person selected as my agent has power to act under this document, my doctor wants to discuss with that person my capacity to make my own health care decisions, I authorize my doctor to disclose protected health information which relates to that issue.

2. Once my agent has full power to act under this document, my agent may request, receive, and review any information, oral or written, regarding my physical or mental health, including, but not limited to, medical and hospital records and other protected health information, and consent to disclosure of this information.

3. For all purposes related to this document, my agent is my personal representative under the Health Insurance Portability and Accountability Act (HIPAA). My agent may sign, as my personal representative, any release forms or other HIPAA–related materials.

H. Effectiveness of This Part

(Read both of these statements carefully. Then, initial one only.)

My agent’s power is in effect:

1. Immediately after I sign this document, subject to my right to make any decision about my health care if I want and am able to.

_____

((or))

2. Whenever I am not able to make informed decisions about my health care, either because the doctor in charge of my care (attending physician) decides that I have lost this ability temporarily, or my attending physician and a consulting doctor agree that I have lost this ability permanently.

_____

If the only thing you want to do is select a health care agent, skip Part II. Go to Part III to sign and have the advance directive witnessed. If you also want to write your treatment preferences, use Part II. Also consider becoming an organ donor, using the separate form for that.

PART II: TREATMENT PREFERENCES (“LIVING WILL”)

A. Statement of Goals and Values

(Optional; form valid if left blank)

I want to say something about my goals and values, and especially what’s most important to me during the last part of my life:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

B. Preference in Case of Terminal Condition

(If you want to state your preference, initial one only. If you do not want to state a preference here, cross through the whole section.)

If my doctors certify that my death from a terminal condition is imminent, even if life–sustaining procedures are used:

1. Keep me comfortable and allow natural death to occur. I do not want any medical interventions used to try to extend my life. I do not want to receive nutrition and fluids by tube or other medical means.

_____

((or))

2. Keep me comfortable and allow natural death to occur. I do not want medical interventions used to try to extend my life. If I am unable to take enough nourishment by mouth, however, I want to receive nutrition and fluids by tube or other medical means.

_____

((or))

3. Try to extend my life for as long as possible, using all available interventions that in reasonable medical judgment would prevent or delay my death. If I am unable to take enough nourishment by mouth, I want to receive nutrition and fluids by tube or other medical means.

_____

C. Preference in Case of Persistent Vegetative State

(If you want to state your preference, initial one only. If you do not want to state a preference here, cross through the whole section.)

If my doctors certify that I am in a persistent vegetative state, that is, if I am not conscious and am not aware of myself or my environment or able to interact with others, and there is no reasonable expectation that I will ever regain consciousness:

1. Keep me comfortable and allow natural death to occur. I do not want any medical interventions used to try to extend my life. I do not want to receive nutrition and fluids by tube or other medical means.

_____

((or))

2. Keep me comfortable and allow natural death to occur. I do not want medical interventions used to try to extend my life. If I am unable to take enough nourishment by mouth, however, I want to receive nutrition and fluids by tube or other medical means.

_____

((or))

3. Try to extend my life for as long as possible, using all available interventions that in reasonable medical judgment would prevent or delay my death. If I am unable to take enough nourishment by mouth, I want to receive nutrition and fluids by tube or other medical means.

_____

D. Preference in Case of End–Stage Condition

(If you want to state your preference, initial one only. If you do not want to state a preference here, cross through the whole section.)

If my doctors certify that I am in an end–stage condition, that is, an incurable condition that will continue in its course until death and that has already resulted in loss of capacity and complete physical dependency:

1. Keep me comfortable and allow natural death to occur. I do not want any medical interventions used to try to extend my life. I do not want to receive nutrition and fluids by tube or other medical means.

_____

((or))

2. Keep me comfortable and allow natural death to occur. I do not want medical interventions used to try to extend my life. If I am unable to take enough nourishment by mouth, however, I want to receive nutrition and fluids by tube or other medical means.

_____

((or))

3. Try to extend my life for as long as possible, using all available interventions that in reasonable medical judgment would prevent or delay my death. If I am unable to take enough nourishment by mouth, I want to receive nutrition and fluids by tube or other medical means.

_____

E. Pain Relief

No matter what my condition, give me the medicine or other treatment I need to relieve pain.

_____

F. In Case of Pregnancy

(Optional, for women of child–bearing years only; form valid if left blank)

If I am pregnant, my decision concerning life–sustaining procedures shall be modified as follows:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

G. Effect of Stated Preferences

(Read both of these statements carefully. Then, initial one only.)

1. I realize I cannot foresee everything that might happen after I can no longer decide for myself. My stated preferences are meant to guide whoever is making decisions on my behalf and my health care providers, but I authorize them to be flexible in applying these statements if they feel that doing so would be in my best interest.

_____

((or))

2. I realize I cannot foresee everything that might happen after I can no longer decide for myself. Still, I want whoever is making decisions on my behalf and my health care providers to follow my stated preferences exactly as written, even if they think that some alternative is better.

_____

PART III: SIGNATURE AND WITNESSES

By signing below as the Declarant, I indicate that I am emotionally and mentally competent to make this advance directive and that I understand its purpose and effect. I also understand that this document replaces any similar advance directive I may have completed before this date.

____________________________________________ _________________________________

(Signature of Declarant) (Date)

The Declarant signed or acknowledged signing this document in my presence and, based upon personal observation, appears to be emotionally and mentally competent to make this advance directive.

____________________________________________ _________________________________

(Signature of Witness) (Date)

____________________________________________

Telephone Number(s)

_____________________________________________ ________________________________

(Signature of Witness) (Date)

_____________________________________________

Telephone Number(s)

(Note: Anyone selected as a health care agent in Part I may not be a witness. Also, at least one of the witnesses must be someone who will not knowingly inherit anything from the Declarant or otherwise knowingly gain a financial benefit from the Declarant’s death. Maryland law does not require this document to be notarized.)

AFTER MY DEATH

(This form is optional. Fill out only what reflects your wishes.)

By:________________________________________ Date of Birth:_______________________

(Print Name) (Month/Day/Year)

PART I: ORGAN DONATION

(Initial the ones that you want.)

Upon my death I wish to donate:

Any needed organs, tissues, or eyes. _____

Only the following organs, tissues, or eyes: _____

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

I authorize the use of my organs, tissues, or eyes:

For transplantation _____

For therapy _____

For research _____

For medical education _____

For any purpose authorized by law _____

I understand that no vital organ, tissue, or eye may be removed for transplantation until after I have been pronounced dead under legal standards. This document is not intended to change anything about my health care while I am still alive. After death, I authorize any appropriate support measures to maintain the viability for transplantation of my organs, tissues, and eyes until organ, tissue, and eye recovery has been completed. I understand that my estate will not be charged for any costs related to this donation.

PART II: DONATION OF BODY

After any organ donation indicated in Part I, I wish my body to be donated for use in a medical study program.

_____

PART III: DISPOSITION OF BODY AND FUNERAL ARRANGEMENTS

I want the following person to make decisions about the disposition of my body and my funeral arrangements:

(Either initial the first or fill in the second.)

The health care agent who I named in my advance directive. _____

((or))

This person:

Name: _________________________________________________________________________

Address: _______________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Telephone Numbers:_____________________________________________________________

(home and cell)

If I have written my wishes below, they should be followed. If not, the person I have named should decide based on conversations we have had, my religious or other beliefs and values, my personality, and how I reacted to other peoples’ funeral arrangements. My wishes about the disposition of my body and my funeral arrangements are:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

PART IV: SIGNATURE AND WITNESSES

By signing below, I indicate that I am emotionally and mentally competent to make this donation and that I understand the purpose and effect of this document.

_________________________________ ________________________________

(Signature of Donor) (Date)

The Donor signed or acknowledged signing this donation document in my presence and, based upon personal observation, appears to be emotionally and mentally competent to make this donation.

_________________________________ ________________________________

(Signature of Witness) (Date)

_________________________________

Telephone Number(s)

_________________________________ ________________________________

(Signature of Witness) (Date)

_________________________________

Telephone Number(s)
Md. Code, Natural Resources § 5-713 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-713
§5–713.
Status: reserved

Any act or part of an act inconsistent with the provisions of this subtitle is repealed to the extent of the inconsistency.
Md. Code, Education § 5-218 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-218
§5–218.
Status: in_force

(a) The State shall distribute grants as provided under this section to the county boards to provide transportation services for public school students and disabled children for whom transportation is to be provided under § 8–410 of this article. Appropriations for student transportation shall be budgeted in a separate budget category as provided in § 5–101 of this title. If the amount that is appropriated to a county under this section in a fiscal year is more than the actual cost of providing student transportation services in that county, a county board may apply any excess funds to costs of pupil transportation in subsequent years. None of these funds may be paid to or claimed by any subdivision, nor may any of these funds be reverted to any subdivision. A county board may not transfer State revenues from the student transportation category to any other category as a result of this section.

(b) For the purpose of calculating the 2004 base grants for student transportation to county boards, the following amounts shall be used as the fiscal year 2003 base grant amounts:

(1) Allegany $2,838,327

(2) Anne Arundel $12,716,216

(3) Baltimore City $10,303,967

(4) Baltimore $15,715,504

(5) Calvert $3,294,141

(6) Caroline $1,580,176

(7) Carroll $5,738,454

(8) Cecil $2,997,774

(9) Charles $5,813,595

(10) Dorchester $1,465,299

(11) Frederick $6,620,447

(12) Garrett $1,886,605

(13) Harford $7,277,627

(14) Howard $8,460,292

(15) Kent $985,359

(16) Montgomery $18,663,456

(17) Prince George’s $21,018,217

(18) Queen Anne’s $1,952,856

(19) St. Mary’s $3,673,545

(20) Somerset $1,143,107

(21) Talbot $981,334

(22) Washington $3,784,100

(23) Wicomico $3,001,531

(24) Worcester $1,856,978

(c) (1) In this subsection, “full–time equivalent enrollment” has the meaning stated in § 5–202 of this subtitle.

(2) Subject to the limitations under paragraph (3) of this subsection, for fiscal year 2004 and every year thereafter the amount of a county’s base grant for student transportation shall be equal to the amount of the county’s base grant for student transportation for the previous year increased by the same percentage as the increase in the private transportation category of the Consumer Price Index for All Urban Consumers, for the Washington Metropolitan Area, as of July of the fiscal year preceding the year for which the amount is being calculated, plus an additional amount equal to the product of:

(i) The total amount of funds distributed by the State as base grants for student transportation for the previous fiscal year divided by the statewide full–time equivalent enrollment for the previous fiscal year; and

(ii) The difference between the full–time equivalent enrollment in a county for the current fiscal year and the full–time equivalent enrollment in the county for the previous fiscal year, or, if the full–time equivalent enrollment in a county for the current fiscal year is less than the full–time equivalent enrollment in the county for the previous fiscal year, zero.

(3) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, the increase in the amount of a base grant for student transportation that is based on the increase in the private transportation category of the Consumer Price Index may not be less than 1 percent nor more than 8 percent of the amount of the grant for the previous year.

(ii) For fiscal year 2011, the increase in the amount of a base grant for student transportation that is based on the increase in the private transportation category of the Consumer Price Index shall be 1 percent of the amount of the grant for the previous year.

(iii) For each of fiscal years 2012 through 2015, the increase in the amount of a base grant for student transportation that is based on the increase in the private transportation category of the Consumer Price Index may not be more than 1 percent of the amount of the grant for the previous year.

(d) For each fiscal year, in addition to the base grant for student transportation provided under subsection (c) of this section, a disabled student transportation grant shall be distributed to each county board. The amount of the grant to each board shall be equal to the product of the number of disabled students requiring special transportation services who are transported by the county board in the previous fiscal year and:

(1) $600 in fiscal year 2004;

(2) $700 in fiscal year 2005;

(3) $800 in fiscal year 2006;

(4) $900 in fiscal year 2007; and

(5) $1,000 in fiscal year 2008 and each fiscal year thereafter.

(e) For the purposes of determining the amount of the grant provided under subsection (d) of this section, the State Board shall develop a procedure and adopt regulations for determining the number of disabled students transported in each jurisdiction in the previous fiscal year.

(f) The State Board shall adopt rules and regulations that provide for the safe operation of the student transportation system of each county board of education.
Md. Code, Criminal Law § 5-627 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-627
§5–627.
Status: in_force

(a) A person may not manufacture, distribute, dispense, or possess with intent to distribute a controlled dangerous substance in violation of § 5–602 of this subtitle or conspire to commit any of these crimes:

(1) in a school vehicle, as defined under § 11–154 of the Transportation Article; or

(2) in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for elementary or secondary education.

(b) Subsection (a) of this section applies whether or not:

(1) school was in session at the time of the crime; or

(2) the real property was being used for purposes other than school purposes at the time of the crime.

(c) (1) A person who violates this section is guilty of a felony and on conviction is subject to:

(i) for a first violation, imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both; or

(ii) for each subsequent violation, imprisonment not less than 5 years and not exceeding 40 years or a fine not exceeding $40,000 or both.

(2) (i) The court may not suspend the 5–year minimum sentence required by paragraph (1)(ii) of this subsection.

(ii) Except as otherwise provided in § 4–305 of the Correctional Services Article, a person sentenced under paragraph (1)(ii) of this subsection is not eligible for parole during this period of the 5–year minimum sentence.

(3) A sentence imposed under paragraph (1) of this subsection shall be consecutive to any other sentence imposed.

(d) Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, § 5–607, § 5–608, § 5–609, § 5–612, § 5–613, or § 5–628 of this subtitle.

(e) (1) In a prosecution under this section, a map or certified copy of a map made by a county or municipal unit to depict the location and boundaries of the area within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for school purposes is admissible as prima facie evidence of the location and boundaries of the depicted area, if the governing body of the county or municipal corporation approves the map or certified copy of the map as an official record of the location and boundaries of the depicted area.

(2) The map or a certified copy of the map shall be filed with the county or municipal corporation, which shall maintain the map or the certified copy of the map as an official record.

(3) The governing body of the county or municipal corporation may revise periodically the map or certified copy of the map.

(4) This subsection does not preclude the prosecution from introducing other evidence to establish an element of a crime under this section.

(5) This subsection does not preclude the use or admissibility of maps or diagrams other than those approved by the county or municipal corporation.
Md. Code, Criminal Law § 5-308 — MD Code / Article gcr / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

(a) (1) Before the Department takes action under § 5-307 of this subtitle, the Department shall serve on the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended or its renewal refused.

(2) The order to show cause shall:

(i) contain a statement of the basis of the proposed denial, revocation, suspension, or refusal; and

(ii) order the applicant or registrant to appear before the Department at a time and place stated in the order, but not less than 30 days after the date of receipt of the order.

(3) If the Department proposes to deny a renewal of registration, the order to show cause shall be served at least 30 days before the registration expires.

(b) Proceedings to deny, revoke, or suspend a registration or renewal of a registration shall be conducted in accordance with the Administrative Procedure Act.

(c) (1) The proceedings under this section shall be independent of and not instead of any criminal prosecution or other proceeding under State law.

(2) Except as provided in subsection (d) of this section, an existing registration:

(i) is not abated by proceedings to refuse renewal of registration; and

(ii) shall remain in effect pending the outcome of the proceedings under this section.

(d) (1) The Department may suspend a registration simultaneously with the institution of proceedings under this section if the Department finds that an imminent danger exists to public health or safety.

(2) The suspension shall continue until the earliest of:

(i) the end of all proceedings, including any judicial review;

(ii) withdrawal by the Department of the suspension; or

(iii) dissolution of the suspension by the appropriate circuit court.
Md. Code, Natural Resources § 5-101 — MD Code / Article gnr / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

§5–101. IN EFFECT

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

(b) “County” includes Baltimore City unless otherwise indicated.

(c) “Department” means Department of Natural Resources.

(d) “Environmental services” means the benefits generated for society by the existence and dynamic development of forests, including:

(1) Producing oxygen and removing carbon dioxide from the atmosphere;

(2) Regulating the surface and underground flow of water;

(3) Providing effective filtration systems for higher water quality;

(4) Supporting a myriad of native flora and fauna; and

(5) Providing goods and services ranging from forest products to aesthetics.

(e) (1) “Forest land” means a biological community dominated by trees and other woody plants that are capable of producing timber or other wood products with a stocking of at least 100 trees per acre with at least 50% of those trees having a 2–inch or greater diameter at 4.5 feet above the ground.

(2) “Forest land” includes forested areas that have been cut but not converted to other land uses.

(f) “Forest stewardship plan” means a document written by a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, regarding a parcel of land comprising not less than 5 contiguous forested acres that lists activities that enhance or improve forest resources, including soil, water, timber, recreation, and aesthetics over a 15–year period.

(g) “Forestry” or “silviculture” means the science, art, and practice of creating, managing, using, and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, including goals for:

(1) Clean air and water;

(2) Biodiversity;

(3) Wildlife habitat;

(4) Fiber production; and

(5) Recreation.

(h) (1) “Forestry practices” means activities conducted to achieve land management objectives.

(2) “Forestry practices” includes:

(i) Planting;

(ii) Prescribed burning;

(iii) Thinning;

(iv) Pruning;

(v) Harvesting;

(vi) Fertilizing; and

(vii) Pesticide and herbicide application.

(i) “No net loss of forest” means 40% of all land in Maryland is covered by tree canopy.

(j) “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

(k) “Secretary” means Secretary of Natural Resources.

(l) “Silvicultural product” or “forest product” means any raw material yielded by a forest, including:

(1) Timber;

(2) Timber products; and

(3) Any other forest materials, such as lumber, poles, pulpwood, firewood, and pine straw.

(m) “Sustainable forestry” or “sustainable forestry management” means an internationally accepted and applied stewardship concept for the use of forests and forest lands in a manner and at a rate that maintains a forest’s:

(1) Biodiversity;

(2) Productivity;

(3) Regeneration capacity;

(4) Nutrient reduction benefits;

(5) Vitality; and

(6) Ecological, economic, and social purposes at local and national levels that do not cause damage to other ecosystems.

(n) “Working landscapes” means:

(1) Forest lands that are managed consistently with the requirements of a forest stewardship plan or a forest conservation plan, approved by the Department or a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, that advances sustainable forestry management as defined in subsection (m) of this section; and

(2) Agricultural lands that are managed consistently with criteria set forth by the Department of Agriculture.

§5–101. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 **

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

(b) “County” includes Baltimore City unless otherwise indicated.

(c) “Department” means Department of Natural Resources.

(d) “Environmental services” means the benefits generated for society by the existence and dynamic development of forests, including:

(1) Producing oxygen and removing carbon dioxide from the atmosphere;

(2) Regulating the surface and underground flow of water;

(3) Providing effective filtration systems for higher water quality;

(4) Supporting a myriad of native flora and fauna; and

(5) Providing goods and services ranging from forest products to aesthetics.

(e) (1) “Forest land” means a contiguous patch of trees that is at least 1 acre in size exhibiting at least one transect of at least 120 feet in width.

(2) “Forest land” includes forested areas that have been cut but not converted to other land uses.

(f) “Forest stewardship plan” means a document written by a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, regarding a parcel of land comprising not less than 5 contiguous forested acres that lists activities that enhance or improve forest resources, including soil, water, timber, recreation, and aesthetics over a 15–year period.

(g) “Forestry” or “silviculture” means the science, art, and practice of creating, managing, using, and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, including goals for:

(1) Clean air and water;

(2) Biodiversity;

(3) Wildlife habitat;

(4) Fiber production; and

(5) Recreation.

(h) (1) “Forestry practices” means activities conducted to achieve land management objectives.

(2) “Forestry practices” includes:

(i) Planting;

(ii) Prescribed burning;

(iii) Thinning;

(iv) Pruning;

(v) Harvesting;

(vi) Fertilizing; and

(vii) Pesticide and herbicide application.

(i) “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

(j) “Secretary” means Secretary of Natural Resources.

(k) “Silvicultural product” or “forest product” means any raw material yielded by a forest, including:

(1) Timber;

(2) Timber products; and

(3) Any other forest materials, such as lumber, poles, pulpwood, firewood, and pine straw.

(l) “Sustainable forestry” or “sustainable forestry management” means an internationally accepted and applied stewardship concept for the use of forests and forest lands in a manner and at a rate that maintains a forest’s:

(1) Biodiversity;

(2) Productivity;

(3) Regeneration capacity;

(4) Nutrient reduction benefits;

(5) Vitality; and

(6) Ecological, economic, and social purposes at local and national levels that do not cause damage to other ecosystems.

(m) “Tree canopy” means the crowns of deciduous and evergreen woody vegetation that is:

(1) The product of natural growth or human planting; and

(2) Greater than 3 meters in height.

(n) “Working landscapes” means:

(1) Forest lands that are managed consistently with the requirements of a forest stewardship plan or a forest conservation plan, approved by the Department or a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, that advances sustainable forestry management as defined in subsection (l) of this section; and

(2) Agricultural lands that are managed consistently with criteria set forth by the Department of Agriculture.
Md. Code, Corporations and Associations § 5-5A-11 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-11
§5–5A–11.
Status: in_force

(a) Within 30 days after incorporation as a cooperative or within 30 days after the filing of articles of amendment and restatement of a corporation converting to a cooperative, the cooperative shall adopt bylaws not inconsistent with this subtitle for the regulation and management of its affairs.

(b) (1) The initial bylaws of a cooperative may be adopted by the temporary board of directors.

(2) (i) Thereafter, bylaws may be adopted and amended only by the members, unless the members adopt a bylaw which permits the board of directors or delegates of the membership to adopt and amend specific bylaws.

(ii) Any bylaw adopted or amended by the board of directors or by delegates shall be reported at the next regular membership meeting.
Md. Code, Public Safety § 5-304 — MD Code / Article gps / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) An application for a permit shall be made under oath.

(b) (1) Subject to subsections (c) and (d) of this section, the Secretary may charge a nonrefundable fee payable when an application is filed for a permit.

(2) The fee may not exceed:

(i) $125 for an initial application;

(ii) $75 for a renewal or subsequent application; and

(iii) $20 for a duplicate or modified permit.

(3) The fees under this subsection are in addition to the fees authorized under § 5–305 of this subtitle.

(c) The Secretary may reduce the fee under subsection (b) of this section accordingly for a permit that is granted for one day only and at one place only.

(d) The Secretary may not charge a fee under subsection (b) of this section to:

(1) a State, county, or municipal public safety employee who is required to carry, wear, or transport a handgun as a condition of governmental employment; or

(2) a retired law enforcement officer of the State or a county or municipal corporation of the State.

(e) The applicant shall pay a fee under this section by an electronic check, a credit card, or a method of online payment approved by the Secretary.
Md. Code, Criminal Procedure § 5-210 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-210
§5–210.
Status: in_force

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

(2) “Agent” means a person that acts or is authorized to act as the representative of a bail bondsman.

(3) (i) “Bail bondsman” means a licensed limited surety agent or a licensed professional bail bondsman.

(ii) “Bail bondsman” does not include a person that contracts with a public agency to provide bail bonds to persons detained in a correctional facility.

(b) On the grounds of a courthouse or correctional facility, a bail bondsman, an agent of a bail bondsman, an employee of the courthouse, or an employee of a correctional facility may not:

(1) approach, entice, or invite a person to use the services of a specific bail bondsman;

(2) distribute, display, or wear an item that advertises the services of a bail bondsman; or

(3) otherwise solicit business as a bail bondsman.

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

(1) a fine not exceeding $2,500, and if licensed in accordance with the Insurance Article, a 30–day license suspension for a first offense; and

(2) a fine not exceeding $5,000, and if licensed in accordance with the Insurance Article, a 90–day license suspension for a subsequent offense.

(d) A person convicted of a violation of subsection (b) of this section shall be referred to the Insurance Commissioner for appropriate action.
Md. Code, Criminal Law § 5-802 — MD Code / Article gcr / Title 5 / Subtitle 8 / Section 5-802
§5–802.
Status: in_force

(a) (1) Notwithstanding any other law, a law enforcement officer of the Maryland Transportation Authority Police, a municipal corporation, or a county may investigate and otherwise enforce this title and Title 12 of the Criminal Procedure Article throughout the State without any limitation as to jurisdiction and to the same extent as a law enforcement officer of the Department of State Police.

(2) The authority granted in paragraph (1) of this subsection may be exercised only in accordance with regulations that the Secretary of the State Police adopts.

(3) The regulations are not subject to Title 10, Subtitle 1 of the State Government Article.

(b) If action is taken under the authority granted in this section, notification of an investigation or enforcement action shall be made:

(1) in a municipal corporation, to the chief of police or designee of the chief of police;

(2) in a county that has a county police department, to the chief of police or designee of the chief of police;

(3) in a county without a police department, to the sheriff or designee of the sheriff;

(4) in Baltimore City, to the Police Commissioner or the Police Commissioner’s designee; and

(5) on property owned, leased, or operated by or under the control of the Maryland Transportation Authority, the Maryland Aviation Administration, or the Maryland Port Administration, to the chief of police of the Maryland Transportation Authority or the chief’s designee.

(c) When acting under the authority granted in this section, a law enforcement officer:

(1) in addition to any other immunities and exemptions to which the officer may be entitled, has the immunities from liability and exemptions accorded to a law enforcement officer of the Department of State Police; but

(2) remains an employee of the officer’s employing agency.
Md. Code, Health - General § 5-709 — MD Code / Article ghg / Title 5 / Subtitle 7 / Section 5-709
§5–709.
Status: in_force

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

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

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

(d) Except as necessary to carry out a team’s purpose and duties, members of a team and persons attending a team meeting may not disclose what transpired at a meeting that is not public under § 5-708 of this subtitle or any information the disclosure of which is prohibited by this section.

(e) Members of a team, persons attending a team meeting, and persons who present information to a team may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting. This subsection does not prohibit a person from testifying to information obtained independently of the team or that is public information.

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

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

(g) Violation of this section is a misdemeanor and is punishable by a fine not exceeding $500 or imprisonment not exceeding 90 days or both.
Md. Code, Corporations and Associations § 5-6C-08 — MD Code / Article gca / Title 5 / Subtitle 6C / Section 5-6C-08
§5–6C–08.
Status: in_force

(a) A benefit corporation shall deliver to each stockholder an annual benefit report including:

(1) A description of:

(i) The ways in which the benefit corporation pursued a general public benefit during the year and the extent to which the general public benefit was created;

(ii) The ways in which the benefit corporation pursued any specific public benefit that its charter states is the purpose of the benefit corporation to create and the extent to which that specific public benefit was created; and

(iii) Any circumstances that have hindered the creation by the benefit corporation of the public benefit; and

(2) An assessment of the societal and environmental performance of the benefit corporation prepared in accordance with a third–party standard applied consistently with the prior year’s benefit report or accompanied by an explanation of the reasons for any inconsistent application.

(b) The benefit report shall be delivered to each stockholder within 120 days following the end of each fiscal year of the benefit corporation.

(c) (1) A benefit corporation shall post its most recent benefit report on the public portion of its website, if any.

(2) If a benefit corporation does not have a public website, the benefit corporation shall provide a copy of its most recent benefit report on demand and without charge to any person who requests a copy.
Md. Code, Labor and Employment § 5-309 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

(a) The Board shall propose or recommend occupational safety and health standards that:

(1) are or will be at least as effective in providing safe and healthful employment and places of employment as any standard adopted under the federal Occupational Safety and Health Act of 1970; and

(2) will not put an undue burden on interstate commerce when:

(i) a local condition or customized product or part requires the application of an occupational safety and health standard that differs from a federal standard; and

(ii) applied to a product or part that is distributed or used in interstate commerce.

(b) The Board shall include in each occupational safety and health standard that it proposes or recommends:

(1) a requirement for the use of a label or other appropriate form of warning as necessary to ensure that each employee is apprised of:

(i) each hazard to which the employee is exposed;

(ii) each relevant symptom of exposure;

(iii) emergency treatment appropriate for exposure; and

(iv) each proper condition and precaution for safe use or exposure;

(2) when appropriate in connection with a hazard, a requirement for:

(i) use of suitable protective equipment; and

(ii) control of technological procedures; and

(3) as necessary to protect employees, a requirement to measure or monitor exposure of employees to a hazard:

(i) at appropriate intervals;

(ii) at each appropriate location; and

(iii) in an appropriate manner.

(c) (1) To develop occupational safety and health standards about toxic materials or harmful physical agents, the Board shall propose or recommend occupational safety and health standards that most adequately ensure, to the extent feasible on the basis of the best available evidence, that no employee, including an employee who has regular exposure to toxic materials or harmful physical agents during the working life of the employee will suffer material impairment of health or functional capacity.

(2) To the extent practicable, the Board shall express each proposed occupational safety and health standard under this subsection in terms of objective criteria and desired performance.
Md. Code, Business Regulation § 5-704 — MD Code / Article gbr / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: reserved

(a) A preneed burial contract shall contain:

(1) the name of the buyer;

(2) the name of the seller;

(3) the name of each individual, other than the buyer, as to whom the preneed goods or preneed services are to be furnished;

(4) the name of the pet, if applicable;

(5) a description of the preneed goods or preneed services; and

(6) the amount of the buyer’s financial obligation.

(b) (1) A preneed burial contract shall be dated and executed in duplicate by the buyer and seller.

(2) The seller shall give the buyer a duplicate original of the preneed burial contract.

(c) (1) A preneed burial contract may provide for delivery of identified preneed goods by providing for the seller to:

(i) transfer physical possession of the preneed goods to the buyer or designee of the buyer;

(ii) attach the preneed goods to a designated burial space;

(iii) pay for and suitably store the preneed goods until needed, at a cemetery or other location of the seller, if the preneed goods are marked with the name of the buyer and the sale is supported by a verifiable record; or

(iv) have the supplier of the preneed goods:

1. cause title to be transferred to the buyer or designee of the buyer; and

2. agree in writing to ship the preneed goods at the direction of the buyer or designee of the buyer.

(2) If a preneed burial contract does not provide for the manner of delivery of preneed goods, compliance with paragraph (1)(i) or (ii) of this subsection is delivery in accordance with this subtitle.

(d) Notwithstanding any provision in a preneed burial contract, identified preneed services are not considered to have been performed until performance actually occurs.

(e) (1) Except as otherwise provided in this subsection, a preneed burial contract may not provide for interest or a finance charge.

(2) A cemetery that makes a preneed burial contract may impose interest or a finance charge on preneed goods delivered before death or preneed services performed before death.

(3) If a cemetery imposes interest or a finance charge as permitted in paragraph (2) of this subsection, the interest or finance charge shall be at a fixed rate or sum not greater than allowed by the provisions of Title 12 of the Commercial Law Article.

(4) A registered cemeterian or permit holder may sell a preneed burial contract to a commercial lending institution at the financing terms in the contract if the preneed burial contract signed by the original buyer of the preneed goods or preneed services contains the following language in 12-point or larger type:

“Notice to consumers: This contract of sale may be sold to a commercial lending institution. After the sale, the commercial lending institution may impose interest or a finance charge on the remaining balance due”.

(f) A provision of a preneed burial contract that purports to waive any provision of this subtitle is void.
Md. Code, Business Occupations and Professions § 5-701 — MD Code / Article gbo / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

This title may be cited as the “Maryland Cosmetologists Act”.
Md. Code, General Provisions § 5-833 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-833
§5–833.
Status: in_force

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

(b) (1) “Agent” means an individual or a business entity hired or retained by an applicant for any purpose relating to the land that is the subject of an application if the individual or business entity is:

(i) an accountant;

(ii) an attorney;

(iii) an architect;

(iv) an engineer;

(v) a land use consultant;

(vi) an economic consultant;

(vii) a real estate agent;

(viii) a real estate broker;

(ix) a traffic consultant; or

(x) a traffic engineer.

(2) “Agent” includes:

(i) as to a corporation described in paragraph (1) of this subsection, its officers, directors, and majority stockholders who are engaged in substantive activities pertaining specifically to land development in Prince George’s County as a regular part of their ongoing business activities;

(ii) as to a partnership or limited partnership described in paragraph (1) of this subsection, its general partners and limited partners who are engaged in substantive activities pertaining specifically to land development in Prince George’s County as a regular part of their ongoing business activities; and

(iii) as to a joint venture described in paragraph (1) of this subsection, the principal members of the joint venture who are engaged in substantive activities pertaining specifically to land development in Prince George’s County as a regular part of their ongoing business activities.

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

(i) a title owner or contract purchaser of land that is the subject of an application;

(ii) a trustee that has an interest in land that is the subject of an application, excluding a trustee described in a mortgage or deed of trust; or

(iii) a holder of at least a 5% interest in a business entity that has an interest in land that is the subject of an application but only if:

1. the holder of at least a 5% interest has substantive involvement in directing the affairs of the business entity with an interest in the land that is the subject of an application with specific regard to the disposition of that land; or

2. the holder of at least a 5% interest is engaged in substantive activities specifically pertaining to land development in Prince George’s County as a regular part of the business entity’s ongoing business activities.

(2) “Applicant” includes:

(i) any business entity in which a person described in paragraph (1) of this subsection holds at least a 5% interest; and

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

(3) “Applicant” does not include:

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

(ii) a municipal corporation or public corporation;

(iii) a public authority;

(iv) a public utility regulated by the Public Service Commission in any instance where the utility is engaged in or conducting regulated activities that have been approved by the Public Service Commission or are allowed under Division I of the Public Utilities Article; or

(v) the directors and officers of any entity that does not hold title to the land, or is not the contract purchaser of the land, that is the subject of an application.

(d) “Application” means:

(1) an application for:

(i) a zoning map amendment;

(ii) a special exception;

(iii) a departure from design standards;

(iv) a revision to a special exception site plan;

(v) an expansion of a legal nonconforming use;

(vi) a revision to a legal nonconforming use site plan; or

(vii) a request for a variance from the zoning ordinance;

(2) an application to approve:

(i) a comprehensive design plan;

(ii) a conceptual site plan; or

(iii) a specific design plan; or

(3) participation in adopting and approving an area master plan or sectional map amendment by appearance at a public hearing, filing a statement in the official record, or other similar communication to a member of the County Council or the Planning Board, where the intent is to intensify the zoning category applicable to the land of the applicant.

(e) “Business entity” means:

(1) a corporation;

(2) a general partnership;

(3) a joint venture;

(4) a limited liability company;

(5) a limited partnership; or

(6) a sole proprietorship.

(f) “Candidate” means a candidate for election to the County Council who becomes a member.

(g) “Continuing political committee” means a committee specifically created to promote the candidacy of a member running for any elective office.

(h) “Contributor” means a person or business entity that makes a payment.

(i) “County Council” means the County Council of Prince George’s County.

(j) “County Executive” means the County Executive of Prince George’s County.

(k) “District Council” means the County Council of Prince George’s County sitting as the District Council for the Prince George’s County portion of the Maryland–Washington Regional District.

(l) “Member” includes any candidate or person duly elected or appointed who takes the oath of office as a member of the County Council for Prince George’s County and who thereby serves on the District Council.

(m) “Payment” means a payment or contribution of money or property or the incurring of a liability or promise of anything of value to a treasurer of a candidate, a candidate’s continuing political committee, or a slate to which the candidate belongs.

(n) (1) “Pendency of the application” means the time between the acceptance of a filing of an application by the appropriate agency and expiration of the time under which an appeal on the application may be taken.

(2) “Pendency of the application” does not include a period during which:

(i) action on the application is under judicial review; or

(ii) judicial review may be requested.

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

(1) a political party;

(2) a central committee;

(3) a slate; or

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

(p) “Slate” means a group, combination, or organization of candidates created under the Election Law Article.

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

(2) “Treasurer” includes a subtreasurer.
Md. Code, Transportation § 5-1104 — MD Code / Article gtr / Title 5 / Subtitle 11 / Section 5-1104
§5–1104.
Status: in_force

(a) If a person is apprehended by a police officer for the violation of any provision of this title that is punishable as a misdemeanor or for the violation of any rule, regulation, or order adopted under this title that is punishable as a misdemeanor, the officer shall prepare and sign a written citation.

(b) The citation shall contain:

(1) A notice to the person charged to appear in court;

(2) The name and address of the person charged;

(3) The State registration number of any aircraft involved in the offense;

(4) The offense charged;

(5) The time and place the person charged is required to appear in court;

(6) A form for the written promise of the person charged to appear in court; and

(7) Any other necessary information.

(c) The person charged may give his written promise to appear in court by signing the form for written promise on the citation prepared by the police officer. In this event, the officer need not take the person into physical custody for the violation unless:

(1) The person charged does not furnish satisfactory evidence of identity; or

(2) The officer has reasonable grounds to believe the person charged will disregard a written promise to appear.

(d) (1) Regardless of the disposition of the charge for which the citation was issued, a person may not violate his written promise to appear given on the issuance of a citation.

(2) A written promise to appear in court may be complied with by an appearance by counsel.
Md. Code, Courts and Judicial Proceedings § 5-610.1 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-610.1
§5–610.
Status: in_force

§5–610.1.

A law enforcement officer enforcing an out-of-state order for protection from domestic violence in accordance with § 4-508.1 of the Family Law Article shall be immune from civil liability if the law enforcement officer acts in good faith and in a reasonable manner.
Md. Code, Natural Resources § 5-423 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-423
§5–423.
Status: in_force

(a) A person may not: (1) solicit, advertise, or represent the person to the public as a tree expert, or assume to practice as a tree expert without having received a license; or (2) after having received the license and subsequently losing it by revocation or suspension continue to practice as a tree expert; or (3) use the title or abbreviation “L.T.E.” or any other words, letters, or abbreviations tending to indicate that the person is a licensed tree expert or a tree expert without having received a license, or when the license has been revoked or suspended.

(b) If the owner of a tree employs any person to engage in the practice of a “licensed tree expert” as provided in § 5–415 of this subtitle, the owner is not subject to this penalty.

(c) A person may not advertise that the person can provide tree services, including treatment, care, or removal of trees, unless the advertisement includes:

(1) The license number of the licensed tree expert advertising tree services in one of the following forms: “Licensed Tree Expert No.___” or “L.T.E. No.___”; or

(2) A statement that all tree services are limited to trees 20 feet tall or less.
Md. Code, Courts and Judicial Proceedings § 5-422 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-422
§5–422.
Status: in_force

(a) In this section, “governing body” has the meaning stated in § 14-118 of the Real Property Article.

(b) Subject to the provisions of subsection (c) of this section, a person sustaining an injury as a result of the tortious act of an officer or director of a governing body while the officer or director is acting within the scope of the officer’s or director’s duties may recover only in an action brought against the governing body for the actual damages sustained.

(c) In a proceeding against a governing body, a director or officer of a governing body may not be held personally liable for injuries sustained by a party if the director or officer:

(1) Acted within the scope of the director’s or officer’s duties;

(2) Acted in good faith; and

(3) Did not act in a reckless, wanton, or grossly negligent manner.

(d) (1) Except as provided in paragraph (2) of this subsection, a claimant shall name only the governing body as a party defendant.

(2) An officer or director of a governing body may be named individually only when the governing body for which the officer or director was acting cannot be determined at the time an action is instituted under this section.

(3) If an officer or director is named as an individual defendant under this section, the governing body for which the officer or director was acting shall be substituted as the party defendant when its identity reasonably can be determined.
Md. Code, Courts and Judicial Proceedings § 5-411 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-411
§5–411.
Status: in_force

(a) There may not be any liability on the part of or cause of action of any nature against an Association member, the Joint Insurance Association or its agents or employees, the Board of Directors, or the Insurance Commissioner or the Commissioner’s representatives for any action taken by them in the performance of their powers and duties under Title 25, Subtitle 4 of the Insurance Article, except:

(1) To the extent that it is proven that any of the entities or individuals specified in this subsection actually received an improper benefit or profit in money, property, or services, for the amount of the benefit or profit in money, property, or services actually received;

(2) To the extent that a judgment or other final adjudication adverse to any of the entities or individuals specified in this section is entered in a proceeding based on a finding in the proceeding that the entity’s or individual’s action, or failure to act, was the result of active and deliberate dishonesty and was material to the cause of action adjudicated in the proceeding; or

(3) To the extent that any act of an entity or individual specified in this section was committed in bad faith.

(b) There may not be any liability on the part of or cause of action of any nature against an Association member, the Joint Insurance Association, the governing committee of the Joint Insurance Association, their agents or employees, or the Insurance Commissioner or the Commissioner’s authorized representatives for any failure to discover defects in the property inspected or for any statements made in any reports and communications concerning the insurability of the property, or in the findings required by the provisions of Title 25, Subtitle 4 of the Insurance Article or the hearings conducted in connection therewith.
Md. Code, Natural Resources § 5-9D-02 — MD Code / Article gnr / Title 5 / Subtitle 9D / Section 5-9D-02
§5–9D–02.
Status: in_force

(a) There is a Greenspace Equity Program in the Department.

(b) The purpose of the Program is to enhance the public health and livability of overburdened communities and underserved communities by implementing projects to preserve, create, and enhance community greenspace.

(c) (1) The Program is administered by the Department.

(2) In administering the Program, the Department shall:

(i) Develop a grant application for the Program;

(ii) Publicize the Program;

(iii) Provide technical assistance to Program applicants;

(iv) Award grants to eligible applicants; and

(v) Consult with the Board.

(3) The Department may adopt regulations to carry out this subtitle.

(d) A grant application submitted to the Department for the Program shall include evidence of support from the local government and the overburdened community or underserved community in which the project will be located.

(e) (1) (i) Beginning in fiscal year 2025, the Department shall make grants to eligible applicants for community greenspace projects located:

1. In an overburdened community;

2. In an underserved community; or

3. On a property:

A. For which an eligible applicant holds a conservation easement or owns the property in fee simple; and

B. That is located in a census tract that is adjacent to an overburdened community or an underserved community.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, at least 50% of the grants awarded each fiscal year shall be awarded to projects that include land acquisition by land trusts, counties, or municipalities.

2. If the total amount of funds requested for land acquisition by Program applicants is less than 50% of the grant funds available for a given fiscal year, the remaining grant funds may be awarded to projects that do not include land acquisition.

(2) Grants for land acquisition under the Program may only be awarded to land trusts, counties, and municipalities.

(3) A grant received under this subsection may be used for:

(i) Land acquisition, appraisals, environmental assessments, site clearance or development, and other due diligence expenses related to implementing a project;

(ii) Administrative and Program costs in accordance with paragraph (4) of this subsection; or

(iii) Stewardship projects that:

1. Previously received a grant under the Program; or

2. Would qualify for a grant under the Program but existed before July 1, 2025.

(4) A portion of the grant may be used to pay for:

(i) If the project involves land acquisition or only project stewardship, administrative costs not to exceed 3% of the grant amount; and

(ii) If the project involves land acquisition, Program compliance costs for monitoring easements if applicable.

(5) In awarding grants under this subsection, the Department shall consider:

(i) The extent to which the project engages and is supported by residents, organizations, and businesses located in the overburdened community or underserved community:

1. In which the project will be located; or

2. That is served by the project;

(ii) The amount of financial or in–kind contributions for implementation of the project, if any;

(iii) The degree to which the project:

1. Demonstrates partnerships and collaboration among local governments, land trusts, nongovernmental organizations, and community organizations; and

2. Enhances the public health, livability, and greenspace in the overburdened community or underserved community:

A. In which the project will be located; or

B. That is served by the project; and

(iv) The geographic diversity of the State.
Md. Code, Natural Resources § 5-1109 — MD Code / Article gnr / Title 5 / Subtitle 11 / Section 5-1109
§5–1109.
Status: in_force

(a) (1) If a landowner agrees to the use of a defined part of the landowner’s real property for the use of cross–country skiing, for the use of an OHV, or for hunting, any person who uses the part of the real property impliedly consents to adhere to every law, to observe every safety precaution and practice, to take every precaution against fire, and to assume all responsibility and liability for the person’s safety and property while cross–country skiing, using an OHV, or hunting on the landowner’s real property.

(2) If a landowner invites or permits on a limited entry basis, with or without charge, an individual to use the landowner’s real property for hunting, the invited or permitted individual who uses the real property for hunting impliedly consents to adhere to every law, to observe every safety precaution and practice, to observe all property boundaries, to take every precaution against fire, and to assume all responsibility and liability for the individual’s safety and property while hunting on the landowner’s real property.

(b) The provisions of § 5–1108(b) and (c) of this subtitle apply when a landowner leases any defined part of the landowner’s real property for the use of cross–country skiing, for the use of an OHV, or for hunting.

(c) The Department shall adopt regulations to allow cross–country skiing, OHV use, or hunting on those defined parts of a landowner’s real property on which cross–country skiing, OHV use, or hunting is allowed under this section.
Md. Code, Labor and Employment § 5-211 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-211
§5–211.
Status: in_force

(a) Whenever an individual who is authorized to inspect property in the State is denied access after the individual makes a proper request to the owner, lessee, or other person in charge of the property, the individual may apply to the District Court for an administrative search warrant under this section.

(b) Each application under this section shall:

(1) state the nature, purpose, and scope of the inspection; and

(2) show that:

(i) the applicant:

1. is authorized by law to inspect the property to which access was denied; and

2. requested access at a reasonable time;

(ii) access was denied; and

(iii) the inspection is for a purpose related to safety or health.

(c) (1) An application may not be submitted to the District Court unless approved by the Attorney General.

(2) If the Commissioner or an authorized representative of the Commissioner applies for an administrative search warrant under subsection (a) of this section, the Attorney General shall prioritize and expedite review of the application.

(d) On application in accordance with this section, the District Court may issue an administrative search warrant.
Md. Code, Transportation § 5-502 — MD Code / Article gtr / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

(a) Subject to the provisions of this subtitle, the Administration may adopt airport zoning regulations to protect the aerial approaches of any airport owned by this State.

(b) (1) The Administration shall compile in one file an accurate copy of this subtitle, Subtitle 6 of this title, and all airport zoning regulations adopted under this subtitle.

(2) This file shall be kept at all times in the office of the Administration and shall be open to public inspection at all times during regular office hours.

(c) (1) If there is any conflict between any airport zoning regulation adopted under this subtitle and any other regulation applicable to the same area, the more stringent limitation or requirement governs.

(2) The provisions of all airport zoning regulations adopted under this subtitle are severable. If any provision of the regulations or its application is held invalid, the invalidity does not affect any other provision or application that can be given effect notwithstanding the invalidity.
Md. Code, Family Law § 5-505.2 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-505.2
§5–505.
Status: in_force

§5–505.2.

(a) (1) In this section, “new luggage” means a suitcase, duffel bag, backpack, or similar container that:

(i) is designed to hold an individual’s personal belongings; and

(ii) has not been previously used.

(2) “New luggage” does not include a disposable bag or trash bag.

(b) The Department shall:

(1) establish and maintain a decentralized supply of new luggage to be used to transport the personal belongings of a child in foster care; and

(2) develop procedures for the storage and distribution of new luggage intended for children in foster care.

(c) (1) Subject to paragraphs (2) through (4) of this subsection, the Department shall provide new luggage to a child in foster care who is:

(i) entering foster care;

(ii) moving from one foster care placement to another; or

(iii) exiting foster care.

(2) New luggage provided to a child under this subsection:

(i) is the property of the child; and

(ii) may not be reclaimed by the Department or retained by the child’s foster parent.

(3) The Department is not required to provide additional new luggage under this subsection to a child who:

(i) is changing placement; and

(ii) is in possession of new luggage previously provided by the Department.

(4) When providing new luggage to a child in foster care, the Department shall take into account the child’s:

(i) age;

(ii) mobility;

(iii) personal items to be transported; and

(iv) preferences.

(d) (1) The Department may not use disposable bags or trash bags to transport any items of a child in foster care.

(2) The Department shall maintain a record of each instance in which a disposable bag or trash bag is used to move the personal belongings of a child in foster care.

(3) The record required under paragraph (2) of this subsection shall include the reason the Department did not provide the child with new luggage to move the child’s personal belongings.

(e) The Department may solicit and accept gifts, grants, and donations of any kind and from any source to carry out the provisions of this section.

(f) On or before December 1 each year, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, the following information:

(1) the number of instances in which a disposable bag or trash bag was used to transport the personal belongings of a child in foster care and the reason the Department failed to provide the child in foster care with new luggage; and

(2) the Department’s supply inventory and inventory management procedures for the new luggage supply maintained under subsection (b) of this section.
Md. Code, Education § 5-320 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-320
§5–320.
Status: in_force

(a) (1) For the purposes of this section, replacement cost shall be determined by the product of the area of a building that is over 40 years old times the current cost per square foot of building construction which may not include:

(i) Specialized costs of demolition;

(ii) Site development;

(iii) The fees of architects and engineers; or

(iv) Air conditioning.

(2) All existing area that is not at least 40 years old shall be excluded from this calculation.

(b) If a county board finds, after preparing feasibility and life cycle cost studies, that it is appropriate and economically beneficial to renovate an existing school building that, in whole or part, has been in continuous educational use for 40 years or more and the cost of the proposed renovation work is not more than the replacement cost of the building or part of a building of the same area and purpose, the Interagency Commission shall consider a request for State funding on the basis of these findings.

(c) Before it is considered for funding, the project shall be:

(1) Justified as to need and continued purpose; and

(2) Included in an annual capital improvement program that has been approved by the Interagency Commission.
Md. Code, Family Law § 5-532 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-532
§5–532.
Status: in_force

(a) The Administration shall adopt rules and regulations to carry out the child welfare services and foster care programs under this subtitle.

(b) The regulations shall authorize the Administration to:

(1) conduct a background check of child support arrearages on an applicant for foster home approval who is also a biological or adoptive parent;

(2) consider any child support arrearage in determining whether to approve or disapprove the application; and

(3) notify the appropriate criminal or juvenile delinquency court if the Administration has information indicating that the child’s interests as a victim are not adequately protected in a case before the court.
Md. Code, Economic Development § 5-458 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-458
§5–458.
Status: in_force

If the Authority accepts a linked deposit loan package forwarded from a lender, the Authority and the lender shall make an agreement that sets the amount of, the term of, and the schedule for payment of the principal of and interest on the linked deposit.
Md. Code, Family Law § 5-338 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-338
§5–338.
Status: in_force

(a) A juvenile court may enter an order for a child’s adoption under this Part III of this subtitle only if:

(1) (i) both the child’s parents are dead;

(ii) an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the unit or person consents;

(iii) parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5–305 of this subtitle; or

(iv) 1. at least one of the child’s parents:

A. is represented by an attorney;

B. has had an opportunity to receive adoption counseling and guidance services; and

C. consents to the adoption:

I. in writing; or

II. knowingly and voluntarily, on the record before the juvenile court; and

2. the parent who does not consent:

A. is dead; or

B. I. despite reasonable efforts as provided in § 5–316 of this subtitle, cannot be located;

II. has not contacted the local department with custody of the child or the child for at least 180 days immediately before the filing of the petition; and

III. fails to respond to a show–cause order served under § 5–334 of this subtitle;

(2) the director of the local department with custody of the child consents; and

(3) the child:

(i) is represented by an attorney; and

(ii) 1. if at least 10 years old, consents; or

2. if under the age of 10 years, does not object.

(b) (1) (i) In this subsection, “disability” means:

1. a physical or mental impairment that substantially limits one or more of an individual’s major life activities;

2. a record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or

3. being regarded as having a physical or mental impairment that substantially limits one or more of an individual’s major life activities.

(ii) “Disability” shall be construed in accordance with the ADA Amendments Act of 2008, P.L. 110–325.

(2) A local department may not withhold consent for the sole reason that:

(i) the race, religion, color, or national origin of a prospective adoptive parent differs from that of the child or parent; or

(ii) a prospective adoptive parent has a disability.
Md. Code, General Provisions § 5-702 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

(a) Unless exempted under subsection (b) of this section, an entity shall register with the Ethics Commission as provided in this subtitle and shall be a regulated lobbyist for the purposes of this title if, during a reporting period, the entity:

(1) for the purpose of influencing any legislative action or any executive action relating to the development or adoption of regulations or the development or issuance of an executive order:

(i) 1. communicates with an official or employee of the Legislative Branch or Executive Branch in the presence of that official or employee; and

2. except for the personal travel or subsistence expenses of the entity or a representative of the entity, incurs expenses of at least $500 or earns at least $2,500 as compensation for all such communication and activities relating to the communication during the reporting period; or

(ii) 1. communicates with an official or employee of the Legislative Branch or Executive Branch; and

2. earns at least $5,000 as compensation for all such communication and activities relating to the communication during the reporting period;

(2) in connection with or for the purpose of influencing any executive action, spends a cumulative value of at least $100 for gifts, including meals, beverages, and special events, to one or more officials or employees of the Executive Branch;

(3) subject to subsection (b)(4) of this section, is compensated to influence executive action on a procurement contract that exceeds $100,000;

(4) subject to subsection (b)(5) of this section, is compensated by a business entity to influence executive action to secure from the State a business grant or loan with a value of more than $100,000 for the business entity;

(5) spends at least $2,000, including expenditures for salaries, contractual employees, postage, telecommunications services, electronic services, advertising, printing, and delivery services, for the express purpose of soliciting others to communicate with an official to influence legislative action or executive action; or

(6) spends at least $2,500 to provide compensation to one or more entities required to register under this subsection.

(b) (1) The following activities are exempt from regulation under this subtitle:

(i) an appearance as part of the official duties of an elected or appointed official or employee of the State, a political subdivision of the State, or the United States, to the extent that the appearance is not on behalf of any other entity;

(ii) an action of a member of the news media, to the extent that the action is in the ordinary course of gathering and disseminating news or making editorial comment to the general public;

(iii) representation of a bona fide religious organization, to the extent that the representation is for the purpose of protecting the right of its members to practice the doctrine of the organization;

(iv) an appearance as part of the official duties of an officer, a director, a member, or an employee of an association engaged only in representing counties or municipal corporations, to the extent that the appearance is not on behalf of any other entity; or

(v) an action as part of the official duties of a trustee, an administrator, or a faculty member of a nonprofit independent college or university in the State, provided the official duties of the individual do not consist primarily of attempting to influence legislative action or executive action.

(2) The following activities are exempt from regulation under this subtitle if the individual engages in no other acts during the reporting period that require registration:

(i) professional services in drafting bills or in advising clients on the construction or effect of proposed or pending legislation;

(ii) an appearance before the entire General Assembly, or any committee or subcommittee of the General Assembly, at the specific request of the body involved;

(iii) an appearance as a witness before a legislative committee at the specific request of a regulated lobbyist if the witness notifies the committee that the witness is testifying at the request of the regulated lobbyist;

(iv) an appearance before an executive unit at the specific request of the executive unit involved; or

(v) an appearance as a witness before an executive unit at the specific request of a regulated lobbyist if the witness notifies the executive unit that the witness is testifying at the request of the regulated lobbyist.

(3) An elementary, secondary, or postsecondary school student or student organization that communicates as part of a course or student activity is not subject to the registration requirements based on the expense threshold under subsection (a)(1)(i) of this section.

(4) Subsection (a)(3) of this section does not apply to a bona fide salesperson or commercial selling agency employed or maintained by an employer for the purpose of soliciting or securing a procurement contract unless the person engages in acts during the reporting period that require registration under subsection (a)(1) or (2) of this section.

(5) If the person engages in no other act during the reporting period that requires registration, subsection (a)(4) of this section does not apply to:

(i) a bona fide full–time official or employee of a business entity seeking to secure a business grant or loan; or

(ii) a person seeking to secure a business grant or loan for the purpose of locating, relocating, or expanding a business in or into the State.

(c) (1) Except for the certification required by § 5–703 of this subtitle and the report required by § 5–705(d) of this subtitle, an entity that compensates one or more regulated lobbyists, and that reasonably believes that all expenditures requiring registration will be reported by the regulated lobbyist or lobbyists, is exempt from the registration and reporting requirements of this subtitle if the entity engages in no other act that requires registration.

(2) If a regulated lobbyist compensated by an entity that is exempt under paragraph (1) of this subsection fails to report the information required by this subtitle, the entity immediately shall become subject to the registration and reporting requirements of this subtitle.
Md. Code, Education § 5-411 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-411
§5–411.
Status: in_force

(a) In this section, “Program” means the Expert Review Team Program.

(b) The Department shall establish, administer, and supervise an Expert Review Team Program.

(c) The purpose of the Program is for teams of expert educators to:

(1) Conduct interviews, observe classes, and use other data to analyze the extent to which the Blueprint for Maryland’s Future is being implemented; and

(2) Collaborate with school–based faculty and staff and local school system staff to:

(i) Determine reasons why student progress is insufficient; and

(ii) Develop recommendations, measures, and strategies to address the issues identified by the Expert Review Team.

(d) (1) The Department shall select highly regarded Expert Review Team members for the Program, who reflect, to the extent practicable, the geographic, racial, ethnic, linguistic, and gender diversity of the population of public school students, from the following groups:

(i) Teachers who are represented by teachers’ organizations that, for purposes of collective bargaining, represent a majority of teachers in the State or in a local school system;

(ii) School leaders; and

(iii) Other individuals who have expertise directly relevant to the purpose and duties of the Program.

(2) After the career ladder under Title 6, Subtitle 10 of this article is well established throughout the State, the Department shall select Expert Review Team members from expert teachers and principals who are in senior positions on the career ladder.

(3) To the extent practicable, a teacher who visits an elementary, middle, or high school as a member of an Expert Review Team shall have experience working in or knowledge of the type of school being visited.

(e) Each member of an Expert Review Team shall be thoroughly trained by the Board on the Blueprint for Maryland’s Future and its rationale, including detailed information on the way similar systems work in top–performing school systems in the world.

(f) (1) During a school visit, an Expert Review Team shall:

(i) Conduct comprehensive in–school investigations of the causes of poor student performance; and

(ii) Make recommendations to the following entities on the measures needed to improve the performance of low–performing schools and correct identified problems:

1. Principal and county superintendent;

2. School faculty;

3. County boards of education; and

4. The community.

(2) An Expert Review Team may, in the course of its work under paragraph (1) of this subsection:

(i) Perform evaluations of behavioral health services provided in a school; and

(ii) If the Team determines that poor student performance is due, in part, to missing or inadequate behavioral health services, make recommendations to the appropriate entities to correct the identified problems.

(3) After a school visit, an Expert Review Team shall submit a report to the Department within the time period, in the manner, and including the information required by the Department.

(g) (1) Beginning on or before July 1, 2021, and each July 1 through 2030, the Department shall develop and submit to the Board for approval a plan to deploy the Expert Review Teams in the following school year.

(2) (i) Beginning on July 1, 2023, the Department shall send Expert Review Teams to at least 10% of public schools in at least three different local school systems each year.

(ii) An Expert Review Team shall be sent to every residential facility in which juveniles are educated in accordance with Title 9, Subtitle 6 of the Human Services Article by the end of the 2025–2026 school year.

(iii) An Expert Review Team shall be sent at least once to every public school in the State by the end of the 2030–2031 school year.

(3) (i) The Department shall, in accordance with an approved deployment plan and subject to the provisions of this subsection, send an Expert Review Team to:

1. Each school determined to be one of the lowest performing schools in the State once each year;

2. Schools determined to be lower performing schools in the State on a regular schedule but not every year;

3. Schools determined to be the highest performing in the State; and

4. All other schools at intervals determined by a randomized selection process.

(ii) The lowest and highest performing schools shall be determined by:

1. A. The overall performance on State assessments; and

B. The performance of subgroups of students on State assessments; or

2. Based on data produced by the data monitoring system established under the federal Every Student Succeeds Act.

(4) Beginning on July 1, 2025, a school that has not been selected for review by an Expert Review Team may submit a request to the Department for a review.

(5) The Board may request that the Department send an Expert Review Team to a particular school.

(6) Beginning in the 2022–2023 school year, the Department shall send an Expert Review Team to a school or a group of schools in the same immediate area in which students continue to demonstrate learning loss that began in relation to the COVID–19 pandemic for the purpose of determining the reason that the learning loss continues.

(h) During the period from July 1, 2023, through June 30, 2025, the report and recommendations of an Expert Review Team shall be advisory only and may be used by a school and local school system to strengthen the school program and the management of the school and local school system.

(i) (1) (i) Beginning on July 1, 2025, the report and recommendations of an Expert Review Team shall be used by the Department as the basis for a recommendation to the Board under § 5–405 of this subtitle as to whether to release a portion of the annual increase in funding for the upcoming school year because the school and the local school system have developed a satisfactory plan for the use of the funds consistent with the Expert Review Team’s recommendations.

(ii) In fulfilling its duties under this subsection, an Expert Review Team in the Program may make recommendations on:

1. Requiring State action in accordance with § 7–203.4 of this article; or

2. Pairing the school with a higher performing school with similar demographics from which the school leadership collaborates and shares expertise for the benefit of faculty and staff.

(2) If the Board determines that all or a portion of a school’s annual increase in funding should not be released due to an unsatisfactory plan, the Department shall work with the school and local school system to develop a satisfactory plan to allow release of the withheld funds.
Md. Code, Human Services § 5-314 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-314
§5–314.
Status: in_force

(a) In this section, “addictions specialist” means an addictions specialist who is located on-site at a local department.

(b) (1) An addictions specialist shall assess the need of any adult or minor parent applicant or recipient for substance abuse treatment:

(i) at the initial application for temporary cash assistance; or

(ii) when considered appropriate by the FIP case manager of the local department.

(2) The addictions specialist shall screen the applicant or recipient to expose potential barriers that the applicant or recipient may have in obtaining employment such as a substance abuse problem.

(3) The addictions specialist shall inform each adult or minor parent applicant or recipient of the requirements of FIP regarding substance abuse treatment.

(4) If the applicant or recipient does not complete the screening required under paragraph (2) of this subsection, the addictions specialist shall notify the FIP case manager.

(c) (1) If the screening performed by the addictions specialist reveals that an applicant or recipient has a substance abuse problem, the addictions specialist shall:

(i) conduct, or refer for, an assessment of the applicant’s or recipient’s substance abuse problem and, if appropriate, determine placement for treatment and related support services;

(ii) refer the applicant or recipient for appropriate substance abuse treatment and related support services;

(iii) obtain the signature of the applicant or recipient on a form consenting to the release of confidential substance abuse treatment information;

(iv) forward the consent form to the appropriate substance abuse treatment provider; and

(v) obtain any necessary treatment information from the substance abuse treatment provider.

(2) (i) The substance abuse treatment provider shall notify the addictions specialist of the ongoing treatment status of the applicant or recipient.

(ii) The addictions specialist shall notify the FIP case manager if an applicant or recipient:

1. fails to complete the assessment required under paragraph (1)(i) of this subsection;

2. fails to sign the consent form required under paragraph (1)(iii) of this subsection;

3. is referred for appropriate substance abuse treatment;

4. is awaiting the availability of appropriate treatment;

5. fails to enroll or maintain enrollment with an available substance treatment provider or to complete the treatment protocol;

6. is enrolled in a treatment program; or

7. successfully completes treatment.

(iii) The addictions specialist shall also notify the FIP case manager regarding the ongoing treatment status of the applicant or recipient.

(d) An adult or minor parent applicant or recipient who complies with the substance abuse treatment requirements of the FIP:

(1) shall receive a full temporary cash assistance benefit as long as the applicant or recipient meets the other temporary cash assistance eligibility requirements; and

(2) may be exempt from the work activity requirements for a period of time determined by the FIP case manager in consultation with the addictions specialist.

(e) An adult or minor parent applicant or recipient is not in compliance with FIP requirements if the FIP case manager receives notice from the addictions specialist that the applicant or recipient:

(1) fails to complete the screening or assessment required under subsections (b)(2) and (c)(1)(i) of this section;

(2) fails to sign the consent form required under subsection (c)(1)(iii) of this section; or

(3) is referred for appropriate and available substance abuse treatment by the addictions specialist but fails to enroll or to maintain active enrollment in the treatment program or complete the treatment protocol.

(f) After the FIP case manager receives a notice under subsection (e) of this section, the local department shall:

(1) send a denial notice to the adult or minor parent applicant that:

(i) states:

1. that the applicant has not met FIP requirements;

2. the specific reason why the applicant is not eligible for FIP; and

3. that if the applicant fails to fulfill the requirements on or before the 30th work day after the application for temporary cash assistance was filed, the application is denied; and

(ii) notifies the applicant of the applicant’s right to appeal and the procedures for filing an appeal; and

(2) separately determine eligibility for medical assistance and food stamps.

(g) After the FIP case manager receives a notice under subsection (e) of this section, the local department shall send a notice to the adult or minor parent recipient that:

(1) identifies the recipient who is not in compliance with FIP requirements;

(2) states the specific reason why that recipient is not in compliance with FIP requirements; and

(3) states that 30 days after the date of the notice:

(i) the temporary cash assistance benefits will be reduced by that increment in cash benefits attributable to the noncompliant recipient; and

(ii) the remainder of the cash benefits for the child or children in the FIP case will be paid to a third party payee or a compliant adult recipient; and

(4) notifies the recipient of the recipient’s right to appeal and the procedures for filing an appeal.

(h) (1) The local department shall reduce the temporary cash assistance benefits of an adult or minor parent recipient and pay the remainder of the cash benefits to a third party payee or a compliant adult recipient as described in subsection (g) of this section, if:

(i) the recipient fails to complete a substance use disorder screening or assessment by an addictions specialist, as required under subsections (b)(2) and (c)(1)(i) of this section; or

(ii) the required screening and assessment or the results of any follow–up diagnostic testing or treatment reveal that the recipient has a substance use disorder and the recipient refuses to enroll or maintain enrollment in available and appropriate substance use disorder treatment.

(2) The local department shall continue to make temporary cash assistance benefits payments to a third party payee or a compliant adult recipient until the local department receives notice from the addictions specialist that the recipient is actively enrolled, as defined by the Department, in the appropriate substance use disorder treatment indicated by the addictions specialist.

(i) The local department may not deny an adult or minor parent applicant’s temporary cash assistance benefit or reduce an adult or minor parent recipient’s temporary cash assistance benefit as described under subsections (f) and (g) of this section, if the applicant or recipient:

(1) receives the screening and assessment required under subsections (b)(2) and (c)(1)(i) of this section, and the screening and assessment or the results of any follow-up diagnostic testing or treatment reveal that the applicant or recipient is a substance abuser; and

(2) agrees to participate in appropriate substance abuse treatment, as determined by the addictions specialist, but the appropriate substance abuse treatment is not available.

(j) The denial or reduction of temporary cash assistance under this section does not affect an adult or minor parent applicant or recipient’s eligibility for medical assistance and food stamps, as long as the applicant or recipient meets the medical assistance and food stamp program requirements.
Md. Code, Corporations and Associations § 5-649 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-649
§5–649.
Status: in_force

(a) The Department shall collect fees for filing and recording corporate documents as provided in § 1–203 of this article.

(b) On or before July 1 of each year, each cooperative and each foreign corporation doing business in the State under this subtitle shall pay a fee of $100 to the Department.

(c) Except as provided in subsection (b) of this section, a cooperative or a foreign corporation doing business in the State under this subtitle is not subject to any excise or income tax.
Md. Code, Economic Development § 5-2104 — MD Code / Article gec / Title 5 / Subtitle 21 / Section 5-2104
§5–2104.
Status: in_force

(a) The Governor shall designate the chair of the Advisory Commission.

(b) From among its members, the Advisory Commission each year shall elect a vice chair.

(c) The Advisory Commission shall determine the manner of election of the vice chair and any other officers.
Md. Code, Education § 5-330 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-330
§5–330.
Status: in_force

(a) This section applies only in Howard County.

(b) (1) If the capital budget approved by the Howard County Board of Education has differences from the Howard County Superintendent of Schools’ proposed capital budget, the Howard County Board of Education shall publish a report on the Howard County public school system’s website within 30 days that includes:

(i) The differences between the Howard County Superintendent’s proposed capital budget and the capital budget approved by the Howard County Board of Education; and

(ii) The detailed rationale for each difference.

(2) The Howard County Board of Education shall submit the report required under paragraph (1) of this subsection to the General Assembly, in accordance with § 2–1257 of the State Government Article.

(c) (1) If the Howard County Superintendent of Schools’ proposed capital improvement program has differences from the capital improvement program approved by the Howard County Board of Education in the immediately preceding year, the Howard County Superintendent shall publish a report on the Howard County public school system’s website within 30 days that includes:

(i) The differences between the capital improvement plan approved by the Howard County Board of Education in the immediately preceding year and the Howard County Superintendent’s proposed capital improvement program; and

(ii) The detailed rationale for each difference.

(2) The Howard County Superintendent of Schools shall submit the report required under paragraph (1) of this subsection to the General Assembly, in accordance with § 2–1257 of the State Government Article.
Md. Code, Education § 5-329 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-329
§5–329.
Status: in_force

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

(2) “High–density county” means one of the following jurisdictions:

(i) Anne Arundel County;

(ii) Baltimore City;

(iii) Baltimore County;

(iv) Howard County;

(v) Montgomery County; or

(vi) Prince George’s County.

(3) “Low–density county” means any county not listed in paragraph (2) of this subsection.

(b) (1) A county board in a high–density county seeking State funds for the construction of a new school, or the renovation of or an addition to an existing school that would increase the capacity of the school by more than 100 students, shall submit a pedestrian safety plan to the Interagency Commission.

(2) A county board in a low–density county shall submit a pedestrian safety plan to the Interagency Commission if the county board is seeking State funds for the construction of a new school, or the renovation of or an addition to an existing school, in a city with more than 10,000 residents and the construction or renovation would increase the capacity of the school by more than 100 students.

(3) The Interagency Commission shall approve a pedestrian safety plan if the pedestrian safety plan complies with subsection (c) of this section.

(c) (1) A pedestrian safety plan shall:

(i) Be developed in collaboration with:

1. The county department of transportation or equivalent agency of the jurisdiction listed under subsection (a) of this section whose county board is submitting the plan; and

2. The State Highway Administration;

(ii) Be limited to the area surrounding the school for which the county board will not provide transportation to students;

(iii) Identify existing and potential safe routes for students to walk or bike to the school;

(iv) Evaluate the infrastructure, including sidewalk infrastructure, along existing and potential pedestrian or cyclist routes to the school to determine whether increased capacity is necessary;

(v) Analyze existing and potential school zones, including the need for expanding school zones on State and county roads; and

(vi) Include documentation of public participation and input related to the pedestrian safety plan, including minutes from a public hearing and written comments.

(2) A county board, not the Interagency Commission, shall make all determinations about the contents of a pedestrian safety plan.

(d) The Interagency Commission may adopt regulations to carry out this section.
Md. Code, Economic Development § 5-307 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) The members of the Authority may act concurrently in their capacities as members of the Authority and of the Maryland Industrial Development Financing Authority.

(b) The members of the Authority shall carry out the powers and duties of the Authority under this subtitle whether acting:

(1) concurrently as members of the Authority and the Maryland Industrial Development Financing Authority; or

(2) as members of either authority alone.

(c) The members of the Authority shall conduct the business of the Authority and of the Maryland Industrial Development Financing Authority under Subtitle 4 of this title.
Md. Code, Family Law § 5-7A-06 — MD Code / Article gfl / Title 5 / Subtitle 7A / Section 5-7A-06
§5–7A–06.
Status: in_force

(a) In addition to any duties set forth elsewhere, the Council shall, by examining the policies and procedures of State and local agencies and specific cases that the Council considers necessary to perform its duties under this section, evaluate the extent to which State and local agencies are effectively discharging their child protection responsibilities in accordance with:

(1) the State plan under 42 U.S.C. § 5106a(b);

(2) the child protection standards set forth in 42 U.S.C. § 5106a(b); and

(3) any other criteria that the Council considers important to ensure the protection of children, including:

(i) a review of the extent to which the State child protective services system is coordinated with the foster care and adoption program established under Part E of Title IV of the Social Security Act; and

(ii) a review of child fatalities and near fatalities.

(b) The Council may request that a local citizens review panel established under § 5–539.2 of this title conduct a review under this section and report its findings to the Council.

(c) The Council shall coordinate its activities under this section with the State Citizens Review Board for Children, local citizens review panels, the child fatality review teams, and the Child Abuse Medical Providers (Maryland CHAMP) Initiative in order to avoid unnecessary duplication of effort.

(d) The chairperson of the Council may designate members of the Children’s Justice Act Committee as special members of the Council for the purpose of carrying out the duties set forth in this section.
Md. Code, Natural Resources § 5-102 — MD Code / Article gnr / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

§5–102. IN EFFECT

(a) The General Assembly finds that:

(1) Forests, streams, valleys, wetlands, parks, and scenic, historic, and recreation areas of the State are basic assets and their proper use, development, and preservation are necessary to protect and promote the health, safety, economy, and general welfare of the people of the State;

(2) Enhancing the extent and condition of tree and forest cover in the Chesapeake Bay watershed is critical to the success in restoring the Chesapeake Bay because forests are the most beneficial use of protecting water quality due to their ability to capture, filter, and retain water, as well as absorb pollution from the air;

(3) Forests and trees are key indicators of climate change and can mitigate greenhouse gas emissions by carbon sequestration;

(4) Forests provide habitat for hundreds of wildlife species, including habitat needed for rare, threatened, and endangered species;

(5) Forests are susceptible to environmental degradation caused by natural threats;

(6) Forests, like other open space areas, are under intense development–related pressures for residential, commercial, and industrial conversion due to the demands of a growing population;

(7) Trees and forests in urban areas provide multiple benefits, including:

(i) Mitigation of urban stormwater runoff into the Chesapeake Bay;

(ii) Sequestration of carbon;

(iii) Avoidance of energy–related emissions;

(iv) Mitigation of air pollutants, such as ozone and particulate matter;

(v) Reduction of the urban heat island effect; and

(vi) Contributions to community livability;

(8) Forest land owners, including local government officials responsible for overseeing the management of publicly owned forest lands, could benefit from research–based education outreach programs in order to help facilitate an understanding of sustainable forestry management that is consistent with forest stewardship principles;

(9) Forests are a renewable resource that help the State meet its renewable energy goals that are consistent with the State’s:

(i) Green power goal for State facilities;

(ii) Renewable Energy Portfolio Standard;

(iii) Healthy Air Act; and

(iv) Maryland Clean Energy Incentive Act of 2006; and

(10) This title sets forth Maryland’s vision for sustaining Maryland’s coveted forest lands into the 21st century that is consistent with the 2014 Chesapeake Bay Watershed Agreement and the 2007 Forestry Conservation Initiative.

(b) It is the policy of the State to encourage the retention and sustainable management of forest lands by:

(1) Achieving no net loss of forest;

(2) Affording due consideration to the protection and retention of forests in the State through existing land conservation programs where they have the highest value in terms of promoting the State’s compliance with its clean water goals under the 2014 Chesapeake Bay Watershed Agreement and the 2007 Forestry Conservation Initiative;

(3) Enhancing the retention of privately owned forest lands through research–based educational outreach efforts to landowners by the State’s forest conservancy district boards;

(4) Developing financial incentives to encourage landowners to retain and manage their forests sustainably and in a manner that is consistent with a forest stewardship plan, including by allowing landowners to use forests on State lands that are reforested or afforested under Subtitle 16 of this title after July 1, 2022, to satisfy buffer or insurance provisions required by registries or protocols associated with private forest carbon credit transactions;

(5) Promoting renewable energy policies and markets with increased emphasis on the use of in–State produced woody biomass;

(6) Ensuring dual certification of the State’s forests by the Forest Stewardship Council and the Sustainable Forestry Initiative;

(7) Recognizing the importance of:

(i) A viable forest products industry to the economies of rural Maryland;

(ii) Continued development of fiber products; and

(iii) Maryland’s green infrastructure; and

(8) Developing and enhancing programs with a sustainable forestry component, including a forest mitigation banking system, a carbon credit or carbon sequestration program, a clean water credit trading system, an environmental services credit trading program, and a renewable energy credit trading system.

§5–102. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 **

(a) The General Assembly finds that:

(1) Forests, streams, valleys, wetlands, parks, and scenic, historic, and recreation areas of the State are basic assets and their proper use, development, and preservation are necessary to protect and promote the health, safety, economy, and general welfare of the people of the State;

(2) Enhancing the extent and condition of tree and forest cover in the Chesapeake Bay watershed is critical to the success in restoring the Chesapeake Bay because forests are the most beneficial use of protecting water quality due to their ability to capture, filter, and retain water, as well as absorb pollution from the air;

(3) Forests and trees are key indicators of climate change and can mitigate greenhouse gas emissions by carbon sequestration;

(4) Forests provide habitat for hundreds of wildlife species, including habitat needed for rare, threatened, and endangered species;

(5) Forests are susceptible to environmental degradation caused by natural threats;

(6) Forests, like other open space areas, are under intense development–related pressures for residential, commercial, and industrial conversion due to the demands of a growing population;

(7) Trees and forests in urban areas provide multiple benefits, including:

(i) Mitigation of urban stormwater runoff into the Chesapeake Bay;

(ii) Sequestration of carbon;

(iii) Avoidance of energy–related emissions;

(iv) Mitigation of air pollutants, such as ozone and particulate matter;

(v) Reduction of the urban heat island effect; and

(vi) Contributions to community livability;

(8) Forest land owners, including local government officials responsible for overseeing the management of publicly owned forest lands, could benefit from research–based education outreach programs in order to help facilitate an understanding of sustainable forestry management that is consistent with forest stewardship principles;

(9) Forests are a renewable resource that help the State meet its renewable energy goals that are consistent with the State’s:

(i) Green power goal for State facilities;

(ii) Renewable Energy Portfolio Standard;

(iii) Healthy Air Act; and

(iv) Maryland Clean Energy Incentive Act of 2006; and

(10) This title sets forth Maryland’s vision for sustaining Maryland’s coveted forest lands into the 21st century that is consistent with the 2014 Chesapeake Bay Watershed Agreement and the 2007 Forestry Conservation Initiative.

(b) It is the policy of the State to encourage the retention and sustainable management of forest lands by:

(1) Increasing, as measured every 4 years, the acreage of forest land in the State;

(2) Increasing, as measured every 4 years, the acreage of land in the State covered by tree canopy, for land located inside an urban area and outside an urban area;

(3) Affording due consideration to the protection and retention of forests in the State through existing land conservation programs where they have the highest value in terms of promoting the State’s compliance with its clean water goals under the 2014 Chesapeake Bay Watershed Agreement and the 2007 Forestry Conservation Initiative;

(4) Enhancing the retention of privately owned forest lands through research–based educational outreach efforts to landowners by the State’s forest conservancy district boards;

(5) Developing financial incentives to encourage landowners to retain and manage their forests sustainably and in a manner that is consistent with a forest stewardship plan, including by allowing landowners to use forests on State lands that are reforested or afforested under Subtitle 16 of this title after July 1, 2022, to satisfy buffer or insurance provisions required by registries or protocols associated with private forest carbon credit transactions;

(6) Promoting renewable energy policies and markets with increased emphasis on the use of in–State produced woody biomass;

(7) Ensuring dual certification of the State’s forests by the Forest Stewardship Council and the Sustainable Forestry Initiative;

(8) Recognizing the importance of:

(i) A viable forest products industry to the economies of rural Maryland;

(ii) Continued development of fiber products; and

(iii) Maryland’s green infrastructure; and

(9) Developing and enhancing programs with a sustainable forestry component, including a forest mitigation banking system, a carbon credit or carbon sequestration program, a clean water credit trading system, an environmental services credit trading program, and a renewable energy credit trading system.
Md. Code, Natural Resources § 5-606 — MD Code / Article gnr / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

(a) The district forestry board shall:

(1) Promote private forestry by assisting landowners in forest management, planting trees, conservation and development of tree crops, and protection of forests from fires, insects, and diseases;

(2) Make available to landowners the services of a forester and advise them with regard to their forest and tree crop problems;

(3) Assist the county assessors in their appraisal of forest lands for tax purposes;

(4) Disseminate forest conservation information and collect data concerning forest conservation problems of the State;

(5) Secure the cooperation and assistance of the United States and any of its agencies and State agencies in conservation of forest resources of the State;

(6) Assist private owners of forest land by advice as to the construction of flood control measures, seeding and planting of waste slopes, abandoned or eroded lands, and development of wildlife by planting food or cover producing trees, bushes, and shrubs;

(7) Receive and pass on proposed work plans for cutting forest lands;

(8) Maintain an office, keep a record of its transactions, and promptly file copies of its decisions and orders with the Department;

(9) Employ personnel, in addition to the district forester, as the Department approves; and

(10) Perform all acts necessary to attain the objectives of this subtitle.

(b) Any board or its agent may:

(1) Hold meetings and demonstrations in regard to conservation of natural resources;

(2) Enter into agreements with landowners within its county or district for a specified period of years;

(3) Cooperate with other government agencies to achieve better forest growth and promulgate conservation measures, including meeting at least annually with agricultural advisory boards as provided under § 2–504.1 of the Agriculture Article in order to encourage the promotion and retention of agricultural land and forest land in their respective jurisdictions;

(4) Develop comprehensive forest management plans for conservation of soil resources and for control and prevention of soil erosion within the county or district;

(5) Enforce rules and regulations made by the Department. Each local board may suggest tentative rules and regulations of forest practice to accomplish objectives set forth in this subtitle and to carry out policies established by the Department. The board shall publish the tentative rules and regulations in one or more newspapers having a wide circulation in the area they cover, together with a notice of a public hearing which the board shall hold on them. The final draft of these rules and regulations shall be presented to the Department for approval. The board may summon witnesses for hearings on infraction of its rules and regulations and initiate a prosecution for violation of its rules. It shall forward copies of any proceedings and rulings to the Department and make an annual report of its proceedings and actions to the Department; and

(6) Promulgate safeguards for proper forest land use, such as those intended to:

(i) Provide for adequate restocking, after cutting, of trees of desirable species and condition;

(ii) Provide for reserving for growth and subsequent cutting, a sufficient growing stock of thrifty trees of desirable species to keep the land reasonably productive; and

(iii) Prevent clear–cutting, or limit the size of a tract to be clear–cut in areas where clear–cutting will seriously interfere with protection of a watershed, or in order to maintain a suitable growing stock to insure natural reproduction. However, any rule dealing with clear–cutting shall establish a procedure by which any operator of forest land may secure a permit to clear–cut particular lands upon proof that he has a bona fide intention of devoting the land to other than forest use; that the lands are appropriate for the proposed use; and that devoting the lands to the new use will not seriously interfere with the protection of the watershed.

(c) Subject to the approval of the Secretary, each board may impose fees for the purpose of offsetting its costs incurred in carrying out the requirements of this section, unless an equivalent amount of funds is provided to each board under § 5–307 of this title.
Md. Code, Financial Institutions § 5-701 — MD Code / Article gfi / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

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

(b) “Federal holiday” means, as to each corresponding legal holiday, the date that the federal government designates for observance of the holiday.

(c) “Optional bank holiday” means a day on which a banking institution is authorized to be closed.
Md. Code, Election Law § 5-204 — MD Code / Article gel / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) An individual simultaneously may not be a candidate for more than one public office.

(b) An individual simultaneously may not be a candidate for more than one office of a political party.

(c) Unless otherwise prohibited by rule of the applicable political party, an individual simultaneously may be a candidate for a party office and a public office.
Md. Code, Corporations and Associations § 5-6B-21 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-21
§5–6B–21.
Status: in_force

(a) This section does not apply to any meetings of members occurring at any time before the members, other than the developer, have a majority of the votes in the cooperative housing corporation.

(b) Subject to reasonable rules adopted by the governing body, members may meet for the purpose of considering and discussing matters relating to the operation of the cooperative housing corporation in any area that is generally open to all members of the cooperative housing corporation.
Md. Code, Financial Institutions § 5-208 — MD Code / Article gfi / Title 5 / Subtitle 2 / Section 5-208
§5–208.
Status: in_force

(a) If a banking institution or an other–state bank fails to make any report or submit proof of publication as required by this article, the banking institution or other–state bank is subject, in the discretion of the Commissioner, to a civil penalty not exceeding $500 for each day that the report or proof is overdue.

(b) The Commissioner may institute proceedings to enforce this section.
Md. Code, Insurance § 5-603 — MD Code / Article gin / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

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

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

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

(2) a current financial statement of the insurer filed with the Commissioner that reflects the result of merger or consolidation with another insurer, bulk reinsurance, or change in capitalization.
Md. Code, General Provisions § 5-849 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-849
§5–849.
Status: in_force

(a) Beginning with the effective date of a lobbying registration and extending through the ending date of the registration period, a lobbyist who lobbies a local official, or a person acting on behalf of the lobbyist, may not:

(1) solicit or transmit directly or indirectly a contribution from any person, including a political committee, for the benefit of a local official or candidate;

(2) serve on a fund–raising committee of, or a political committee for the benefit of, a local official or candidate; or

(3) act as a treasurer or chair of a political committee for the benefit of a local official or candidate.

(b) This part may not be construed to prohibit a lobbyist from:

(1) making a personal contribution within the limitations established under the Election Law Article; or

(2) informing the lobbyist’s employer or others of the positions taken by a particular candidate.

(c) (1) A person who knowingly and willfully violates this part is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

(2) If the person is a business entity and not a natural person, each officer and partner of the business entity who knowingly authorized or participated in the violation is guilty of a misdemeanor and on conviction is subject to the same penalties as the business entity.
Md. Code, Corporations and Associations § 5-106 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

The name of a domestic professional corporation or of a foreign professional corporation authorized to transact business in the State must comply with Title 1, Subtitle 5 of this article.
Md. Code, Economic Development § 5-320 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-320
§5–320.
Status: in_force

(a) To be eligible for financial assistance from the Fund, an applicant shall be:

(1) a local economic development fund that meets the criteria set forth in Part V of this subtitle; or

(2) an individual, private business, nonprofit entity, or local government, or the Corporation that intends to use the requested financial assistance for a project that:

(i) except as provided in subsection (b) of this section, is in an eligible industry sector under § 5–321 of this subtitle; and

(ii) has a strong potential for expanding or retaining employment opportunities in the State.

(b) A project need not be in an eligible industry sector if the applicant:

(1) is located in a Tier I county; or

(2) (i) is a local government or the Corporation; and

(ii) does not intend to use the financial assistance to carry out a project that benefits a particular private sector entity.

(c) In form and content acceptable to the Department, an applicant for financial assistance from the Fund shall submit to the Department an application that contains:

(1) the information that the Department or Authority considers necessary to evaluate the request for financial assistance; and

(2) for a Tier I county project:

(i) a marketing plan designed to market the project to prospective businesses;

(ii) a statement of planned marketing expenditures as a percent of the total financial assistance amount requested; and

(iii) a plan for the project that is consistent with the county’s local strategic economic development plan as to the location and type of project.
Md. Code, Business Regulation § 5-308 — MD Code / Article gbr / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

Within 1 week after the effective date of the change, the applicant designated as the responsible party or the registered responsible party shall submit to the Director an application form that shows a change in the:

(1) cemetery, crematory, reduction facility, or burial goods business with which a registrant is affiliated;

(2) individual designated as the responsible party;

(3) employees of the business who engage in the sale of burial space, goods, or services or cremation to the public;

(4) officers, directors, members, or agents of the permit holder; or

(5) name or address of the registrant or permit holder.
Md. Code, Corporations and Associations § 5-702 — MD Code / Article gca / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

(a) A charitable or religious Maryland nonstock corporation may petition a court of equity for a decree under § 5–209 of this title if:

(1) The dissolution of the corporation involves provisions for disposition of assets under § 5–208(b)(2) or (3) of this title; or

(2) A consolidation, merger, or transfer of assets of the corporation under § 5–207 of this title involves similar provisions for the successor corporation.

(b) The failure to petition a court of equity and obtain a decree does not affect the otherwise valid actions of the corporation in dissolution, consolidation, or merger, or in a transfer of assets.
Md. Code, Public Safety § 5-401 — MD Code / Article gps / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

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

(b) “Board” means the Handgun Roster Board.

(c) (1) “Handgun” means a pistol, a revolver, or any other firearm capable of being concealed on the person.

(2) “Handgun” does not include a shotgun, a rifle, a short–barreled rifle, a short–barreled shotgun, or an antique firearm.

(d) “Handgun roster” means the roster of authorized handguns compiled by the Board under § 5–405 of this subtitle.

(e) “Secretary” means the Secretary of State Police or the Secretary’s designee.
Md. Code, Natural Resources § 5-419 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-419
§5–419.
Status: in_force

(a) Subject to subsection (c) of this section, an applicant shall pay to the Department at the time of making application, a fee set by the Department by regulation.

(b) (1) A tree expert license shall be renewed in accordance with a timetable and procedure established by the Department by regulation.

(2) Subject to subsection (c) of this section, a person who holds a license and wishes to renew it shall pay a fee set by the Department by regulation.

(3) After September 1, 2017, to qualify for the renewal of a tree expert license, a licensed tree expert shall complete the professional development curriculum established by the Department by regulation.

(c) Fees established in accordance with this section may not exceed:

(1) For the examination fee $45;

(2) For the initial license fee $55; and

(3) For the renewal fee $100.

(d) (1) Fees the Department receives shall be paid into the State Treasury for the Department’s use.

(2) (i) The Secretary shall prepare an annual report on the number of licenses issued and the receipts and expenses under Part III of this subtitle during each fiscal year.

(ii) On or before November 1 each year, the Secretary shall submit the annual report required under this paragraph to the General Assembly in accordance with § 2–1257 of the State Government Article.
Md. Code, Courts and Judicial Proceedings § 5-617 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-617
§5–617.
Status: in_force

(a) In this section, “discharge” includes leakage, seepage, or other release of a hazardous substance or material.

(b) Except as provided in subsections (c) and (d) of this section, a person who is called on for assistance in an emergency is not subject to any civil liability or penalty as a result of assistance or advice rendered in:

(1) Mitigating the effects of an actual or threatened discharge of a hazardous substance or material;

(2) Preventing a discharge of a hazardous substance or material;

(3) Cleaning up a discharge of a hazardous substance or material; or

(4) Attempting any of the acts in this subsection.

(c) The immunity provided in subsection (b) of this section does not apply to a person:

(1) Whose act or omission was the original cause of an actual or threatened discharge in whole or in part, and who would otherwise be liable for the act or omission; or

(2) Who received compensation other than reimbursement for out-of-pocket expenses for rendering the assistance or advice.

(d) Notwithstanding subsection (b) of this section, a person is liable for damages caused by that person’s gross negligence or reckless, wanton, or intentional misconduct.
Md. Code, Family Law § 5-606 — MD Code / Article gfl / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency’s state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in subsection (a) of this section.