Md. Code, Education § 5-303 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: reserved

(a) (1) (i) The Interagency Commission shall define by regulation what constitutes an eligible and ineligible public school construction or capital improvement cost.

(ii) Except as provided in paragraph (4) of this subsection, in order for the cost of an item or a system funded with the proceeds of general obligation bonds to be considered an eligible cost, it must have a median useful life of at least 15 years.

(2) (i) The Interagency Commission shall include modular construction as an approved public school construction or capital cost.

(ii) The Interagency Commission shall adopt regulations that:

1. Define modular construction; and

2. Establish the minimum specifications required for approval of modular construction as a public school construction or capital improvement cost.

(3) The cost of acquiring land may not be considered a construction or capital improvement cost and may not be paid by the State.

(4) The Interagency Commission shall adopt regulations for the Public School Construction Program that:

(i) Include architectural, engineering, consulting, and other planning costs as eligible public school construction or capital improvement costs for a project or improvement that has received local planning approval from the Interagency Commission; and

(ii) Define eligibility for all furniture, fixtures, and equipment with a median useful life of at least 15 years.

(b) The Interagency Commission, in consultation with the Department of General Services and the Department of Housing and Community Development, shall adopt regulations establishing criteria designed to enhance indoor air quality for the occupants of relocatable classrooms constructed after July 1, 2014, that are purchased or leased using State or local funds, including specifications that:

(1) Require each unit to include appropriate air barriers to limit infiltration;

(2) Require that each unit be constructed in a manner that provides protection against water damage through the use of proper roofing materials, exterior sheathing, water drainage systems, and flashing;

(3) Require that each unit provide continuous forced ventilation when the unit is occupied;

(4) Require each unit to include a programmable thermostat;

(5) Require each unit to be outfitted with energy efficient lighting and heating and air–conditioning systems; and

(6) Mandate that each unit be constructed with building materials that contain low amounts of volatile organic compounds (VOC) in accordance with industry standards.

(c) The State shall pay the costs in excess of available federal funds of the State share of public school construction projects and public school capital improvements in each county if:

(1) The projects or improvements have been approved by the Interagency Commission; and

(2) Contracts have been executed on or after July 1, 1971, for the projects or improvements.

(d) (1) The Interagency Commission may adopt regulations for the administration of the programs provided for in this section.

(2) The regulations adopted by the Interagency Commission may contain requirements for:

(i) The submission of other data or information that is relevant to school construction or capital improvement;

(ii) The approval of sites, plans, and specifications for the construction of new school buildings or the improvement of existing buildings;

(iii) Site improvements;

(iv) Competitive bidding;

(v) The hiring of personnel in connection with school construction or capital improvements;

(vi) The actual construction of school buildings or their improvements;

(vii) The relative roles of different State and local governmental agencies in the planning and construction of school buildings or school capital improvements;

(viii) School construction and capital improvements necessary or appropriate for the proper implementation of this section;

(ix) The establishment of priority public school construction programs;

(x) Development of cooperative arrangements that permit the sharing of facilities among two or more school systems;

(xi) The selection of architects and engineers by school systems;

(xii) The award of contracts by school systems;

(xiii) Methods of payments made by the State under the Public School Construction Program; and

(xiv) The use of a standard statewide computerized maintenance management system for school facilities maintenance work order tracking and reporting.

(3) The regulations adopted by the Interagency Commission shall contain provisions:

(i) Subject to paragraph (6) of this subsection and subsection (k) of this section, establishing a State and local cost–share formula for each county that identifies the factors used in establishing the formulas and the actual State and local cost–share percentages by the formula for each county;

(ii) Requiring local education agencies to adopt educational facilities master plans and annual capital improvement programs;

(iii) Subject to subsection (l) of this section, providing a method for establishing a maximum State construction allocation for each project approved for State funding;

(iv) Referencing the policies stated in § 5–7B–07 of the State Finance and Procurement Article;

(v) Requiring local school systems to adopt procedures consistent with the minority business enterprise policies of the State as required under the Code of Maryland Regulations;

(vi) Establishing a process for appeal of Interagency Commission decisions, including an appeal process specifically for approved enrollment projections for individual projects to the full Interagency Commission;

(vii) Requiring local education agencies to adopt, implement, and periodically update comprehensive maintenance plans and preventative maintenance plans;

(viii) Authorizing the Interagency Commission to withhold State public school construction funds from a local education agency that fails to comply with the requirements of item (vii) of this paragraph;

(ix) Requiring the development and submission of long–range plans, including a requirement for the annual submission of a 10–Year Educational Facilities Master Plan; and

(x) Requiring the submission of an annual Capital Improvement Program, which may only be required to include plans for specific projects and requests for planning and construction projects for the upcoming fiscal year.

(4) In adopting any of these requirements, the State Board and the Interagency Commission shall provide for the maximum exercise of initiative by school personnel in each county to ensure that the school buildings and improvements meet both the needs of the local communities and the rules and regulations necessary to ensure the proper operation of this section and the prudent expenditure of State funds.

(5) The Interagency Commission shall:

(i) Update the regulations required under paragraph (3)(i) of this subsection every 2 years; and

(ii) When updating the regulations in accordance with item (i) of this paragraph, limit the percentage decrease in the State share of school construction costs to not more than 5% for each county.

(6) When adopting the State and local cost–share formula under paragraph (3)(i) of this subsection, the Interagency Commission shall set the State share at 100% for the Maryland School for the Blind.

(e) The Interagency Commission shall develop the rules, regulations, and procedures authorized by this section in consultation with representatives of the county boards and the county governing bodies.

(f) The regulations and procedures of the Interagency Commission adopted under this section and their promulgation are exempt from § 8–127(b) of the State Finance and Procurement Article.

(g) (1) With respect to public school construction or public school capital improvements, including sites for school buildings, the authority, responsibilities, powers, and duties of the following are subject to the regulations adopted by the Interagency Commission under this section:

(i) The State Board;

(ii) The State Superintendent;

(iii) The county governments;

(iv) The county boards; and

(v) All other State or local governmental agencies under this article.

(2) If, as to public school construction or public school capital improvements, there is any conflict between the regulations and procedures of the Interagency Commission and the authority, responsibilities, powers, and duties of the individuals and agencies specified in paragraph (1) of this subsection, the regulations and procedures of the Interagency Commission shall prevail.

(h) (1) The obligation of the State to pay the costs of public school construction and public school capital improvements extends only to those projects or parts of projects that comply with the regulations and procedures of the Interagency Commission.

(2) The Interagency Commission may not partially fund an eligible school construction project for a systemic renovation unless the local education agency has requested partial funding.

(i) (1) This subsection does not apply to the proceeds from the sale, lease, or disposition of public school buildings constructed under contracts executed before February 1, 1971.

(2) Consistent with § 4–115 of this article and regulations adopted by the Interagency Commission to implement § 4–126 of this article, the Interagency Commission may require by regulation that the portion of the proceeds received by a county from the sale, lease, or disposal of any public school building that represent State funds provided within 15 years prior to the date of the transaction shall be used solely as part of the State funding of the construction of future public school buildings in the county in which the sale, lease, or disposal occurred, if the public school building was constructed under a contract executed on or after February 1, 1971.

(3) The part of the proceeds from the sale, lease, or disposal of a public school building that fairly represents the appraised value of land and that part of the cost of the public school building that was funded by the county shall remain as the funds of the county.

(4) A transfer of interest in a public school building in connection with a financing of the cost of construction and improvements to such buildings is not a sale, lease, or disposal of the public school facility.

(j) (1) Whether by budget bill or supplementary appropriation bill, all money appropriated to carry out the purposes of this section is a separate fund that shall be administered by the State Comptroller in accordance with the regulations adopted by the Interagency Commission.

(2) Subject to paragraph (3) of this subsection, any unexpended allocations of funds for previously approved projects shall be transferred to the fund established under paragraph (1) of this subsection.

(3) (i) Any funds approved for a county for a project that has not been contracted for within 2 years of the approval of the project, shall be:

1. Available for another eligible project in the county in the current fiscal year; or

2. Reserved for eligible projects in the county in the next fiscal year, in addition to the new funds allocated for eligible projects in the county in the next fiscal year, and may not supplant new funds allocated in the next fiscal year or in later fiscal years.

(ii) Any funds reserved under subparagraph (i)2 of this paragraph that have not been used to contract for a project within 2 years of the date the funds were reserved shall be available for allocation to an eligible project in any county.

(4) On or before March 30, June 30, September 30, and December 31 of each year, the Interagency Commission shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, and the Department of Legislative Services on the balance in the fund as of the reporting date as the result of transfers or reversions required under this subsection and any expenditures.

(k) (1) A county is eligible for an adjustment to the local cost–share for school construction projects under paragraph (2) of this subsection if:

(i) A county’s median household income is in the bottom quartile in the State; and

(ii) The State and local cost–share formula for the county is 50% State and 50% local.

(2) (i) The local cost–share of a school construction project in a county that is eligible under paragraph (1) of this subsection shall be reduced to equal the local cost–share of the adjacent county that is less than 50% but closest to 50%.

(ii) The State cost–share of a school construction project in the eligible county shall be increased by a percentage that is equal to the reduction under subparagraph (i) of this paragraph.

(3) A county shall receive:

(i) A 10 percentage point increase in the State share of a school construction project if the proposed school construction project, when a local school system submits a project for approval to the Interagency Commission, is at a school with a concentration of poverty level, as defined in § 5–223 of this title, of 80% or greater;

(ii) A 5 percentage point increase in the State share of a school construction project if the proposed school construction project, when a local school system submits a project for approval to the Interagency Commission, is at a school with a concentration of poverty level, as defined in § 5–223 of this title, of less than 80% but greater than 55%;

(iii) A 5 percentage point increase in the State share of a school construction project if the proposed school construction project is at a school that, in the most recent school maintenance effectiveness assessment by the Interagency Commission, received an assessment rating of:

1. Good;

2. Superior; or

3. Adequate and the school’s current school facility assessment percent of expected useful life is at least 120%; and

(iv) A 5 percentage point increase in the State share of a school construction project if the proposed project is to build a net–zero school.

(l) The Interagency Commission may make an eligible enrollment deduction for an adjacent school when calculating the maximum State construction allocation for a project approved for State funding under subsection (d)(3)(ii) of this section only if the sum of available seat count in all adjacent schools is 15% or more of the project school’s enrollment.
Md. Code, Health - General § 5-403 — MD Code / Article ghg / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

(a) (1) The Board consists of:

(i) 1 member of the Anatomy Department of the University of Maryland School of Dentistry; and

(ii) 2 members of the anatomy department of each medical school in this State.

(2) The administrative officer of each school shall name the members from that school.

(b) (1) From among its members, the Board every 2 years shall elect a chairman and a vice chairman.

(2) The manner of election of officers shall be as the Board determines.

(3) The vice chairman shall act as chairman when the chairman is absent or cannot act.
Md. Code, Correctional Services § 5-404 — MD Code / Article gcs / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) The Division shall operate a centralized booking facility for Baltimore City.

(b) The centralized booking facility shall include:

(1) pretrial release services;

(2) District Court Commissioners;

(3) an Office of the State’s Attorney for Baltimore City; and

(4) Baltimore City Police Services.

(c) The centralized booking facility shall be equipped for video bail review.
Md. Code, Family Law § 5-1040 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1040
§5–1040.
Status: in_force

(a) On completion of a paternity proceeding, the court may order the clerk of court:

(1) to seal all papers in the case; and

(2) not to open any papers in the case, except on order of the court.

(b) In any further proceeding under § 5-1038 of this subtitle on support payments or custody, the papers in the case, once ordered sealed, shall remain sealed unless the court orders otherwise.
Md. Code, Insurance § 5-511 — MD Code / Article gin / Title 5 / Subtitle 5 / Section 5-511
§5–511.
Status: reserved

(a) (1) In this section and in § 5–509 of this subtitle the following words have the meanings indicated.

(2) “Acceptable collateral” means:

(i) 1. as to securities lending transactions, and for the purpose of calculating counterparty exposure amount, cash, cash equivalents, letters of credit, and direct obligations of, or securities that are fully guaranteed as to principal and interest by, the government of the United States or an agency of the United States, or by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and

2. as to lending foreign securities, sovereign debt rated I by the Securities Valuation Office of the National Association of Insurance Commissioners;

(ii) as to repurchase transactions, cash, cash equivalents, and direct obligations of, or securities that are fully guaranteed as to principal and interest by, the government of the United States or an agency of the United States, or by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and

(iii) as to reverse repurchase transactions, cash and cash equivalents.

(3) (i) “Asset–backed security” means a security or other instrument, excluding a mutual fund, evidencing an interest in, or the right to receive payments from, or payable from distributions on, an asset, a pool of assets, or specifically divisible cash flows that are legally transferred to a trust or another special purpose bankruptcy–remote business entity, on the following conditions:

1. the trust or other business entity is established solely for the purpose of acquiring specific types of assets or rights to cash flows, issuing securities and other instruments representing an interest in or right to receive cash flows from those assets or rights, and engaging in activities required to service the assets or rights and any credit enhancement or support features held by the trust or other business entity; and

2. the assets of the trust or other business entity consist solely of interest bearing obligations or other contractual obligations representing the right to receive payment from the cash flows from the assets or rights.

(ii) However, the existence of credit enhancements, such as letters of credit or guarantees, or support features such as swap agreements, do not cause a security or other instrument to be ineligible as an asset–backed security.

(4) “Business entity” includes a sole proprietorship, corporation, association, general or limited partnership, limited liability company, joint–stock company, joint venture, trust, or any other form of business organization, whether for profit or nonprofit.

(5) (i) “Cash equivalent” means a highly liquid investment or security with an original term to maturity of 90 days or less that is:

1. readily convertible to a known amount of cash without penalty;

2. so near maturity that it presents an insignificant risk of change in value; and

3. rated:

A. “P–1” by Moody’s Investors Services, Inc.;

B. “A–1” by Standard and Poor’s Division of the McGraw Hill Companies, Inc.; or

C. equivalently by a nationally recognized statistical rating organization recognized by the Securities Valuation Office of the National Association of Insurance Commissioners.

(ii) “Cash equivalent” includes a government money market mutual fund and a Class One Money Market Mutual Fund.

(6) (i) “Counterparty exposure amount” means:

1. for an over–the–counter derivative instrument not entered into pursuant to a written master agreement that provides for netting of payments owed by the respective parties:

A. the market value of the over–the–counter derivative instrument if the liquidation of the derivative instrument would result in a final cash payment to the insurer; or

B. zero if the liquidation of the derivative instrument would not result in a final cash payment to the insurer;

2. for over–the–counter derivative instruments entered into pursuant to a written master agreement that provides for netting of payments owed by the respective parties, and the domiciliary jurisdiction of the counterparty is either within the United States or, if not within the United States, is within a foreign (not United States) jurisdiction listed in the purposes and procedures manual of the Securities Valuation Office as eligible for netting, the greater of zero or the net sum payable to the insurer in connection with all derivative instruments subject to the written master agreement upon their liquidation in the event of default by the counterparty pursuant to the master agreement (assuming no conditions precedent to the obligations of the counterparty to make such a payment and assuming no setoff of amounts payable pursuant to any other instrument or agreement).

(ii) For purposes of this paragraph, market value or the net sum payable, as the case may be, shall be determined at the end of the most recent quarter of the insurer’s fiscal year and shall be reduced by the market value of acceptable collateral held by the insurer or a custodian on the insurer’s behalf.

(7) (i) “Derivative instrument” means an agreement, option, instrument, or a series or combination thereof:

1. to make or take delivery of, or assume or relinquish, a specified amount of one or more underlying interests, or to make a cash settlement in lieu thereof; or

2. that has a price, performance, value, or cash flow based primarily upon the actual or expected price, level, performance, value, or cash flow of one or more underlying interests.

(ii) “Derivative instrument” includes options, warrants used in a hedging transaction and not attached to another financial instrument, caps, floors, collars, swaps, forwards, futures, and any other agreements, options, or instruments substantially similar thereto or any series or combination thereof and any agreements, options, or instruments permitted under regulations adopted under this section.

(iii) “Derivative instrument” does not include collateralized mortgage obligations, other asset–backed securities, principal–protected structured securities, floating rate securities, or instruments that an insurer is otherwise permitted to invest in or receive under this article other than under this subsection, and any debt obligations of the insurer.

(8) “Derivative transaction” means a transaction involving the use of one or more derivative instruments.

(9) “Dollar roll transaction” means two simultaneous transactions with different settlement dates no more than 96 days apart, so that in the transaction with the earlier settlement date, an insurer sells to a business entity, and in the other transaction the insurer is obligated to purchase from the same business entity, substantially similar securities of the following types:

(i) asset–backed securities issued, assumed or guaranteed by the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation or their respective successors; and

(ii) other asset–backed securities referred to in Section 106 of Title I of the Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C. § 77r–1), as amended.

(10) “Domestic jurisdiction” means the United States, Canada, a state, a province of Canada, or a political subdivision of the United States, Canada, a state, or a province of Canada.

(11) “Foreign currency” means a currency other than that of a domestic jurisdiction.

(12) (i) “Foreign investment” means an investment in a foreign jurisdiction, or an investment in a person, real estate, or asset domiciled in a foreign jurisdiction, that is substantially of the same type as those eligible for investment under this section.

(ii) An investment may not be deemed to be foreign if the issuing person, qualified primary credit source, or qualified guarantor is a domestic jurisdiction or a person domiciled in a domestic jurisdiction, unless:

1. the issuing person is a shell business entity; and

2. the investment is not assumed, accepted, guaranteed, or insured or otherwise backed by a domestic jurisdiction or a person, that is not a shell business entity, domiciled in a domestic jurisdiction.

(13) “Foreign jurisdiction” means a jurisdiction other than a domestic jurisdiction.

(14) “Hedging transaction” means a derivative transaction that is entered into and maintained to reduce:

(i) the risk of a change in the value, yield, price, cash flow, or quantity of assets or liabilities that the insurer has acquired or incurred or anticipates acquiring or incurring; or

(ii) the currency exchange rate risk or the degree of exposure as to assets or liabilities that an insurer has acquired or incurred or anticipates acquiring or incurring.

(15) “Lower grade investment” means an investment obligation that is rated four, five, or six by the Securities Valuation Office of the National Association of Insurance Commissioners.

(16) “Medium grade investment” means an investment obligation that is rated three by the Securities Valuation Office of the National Association of Insurance Commissioners.

(17) “Qualified guarantor” means a guarantor against which an insurer has a direct claim for full and timely payment, evidenced by a contractual right for which an enforcement action can be brought in a domestic jurisdiction.

(18) “Qualified primary credit source” means the credit source to which an insurer looks for payment as to an investment and against which an insurer has a direct claim for full and timely payment, evidenced by a contractual right for which an enforcement action can be brought in a domestic jurisdiction.

(19) (i) “Replication transaction” means a derivative transaction that is intended to replicate the performance of one or more assets that a life insurer is authorized to acquire under this section.

(ii) “Replication transaction” does not include a derivative transaction entered into as a hedging transaction.

(20) “Repurchase transaction” means a transaction in which an insurer purchases securities from a business entity that is obligated to repurchase the purchased securities or equivalent securities from the business entity at a specified price, either within a specified period of time or on demand.

(21) “Reverse repurchase transaction” means a transaction in which an insurer sells securities to a business entity and is obligated to repurchase the sold securities or equivalent securities from the business entity at a specified price, either within a specified period of time or on demand.

(22) “Securities lending transaction” means a transaction in which securities are loaned by an insurer to a business entity that is obligated to return the loaned securities or equivalent securities to the insurer, either within a specified period of time or on demand.

(23) “Shell business entity” means a business entity having no economic substance, except as a vehicle for owning interests in assets issued, owned, or previously owned by a person domiciled in a foreign jurisdiction.

(a–1) Each life insurer shall have and continually maintain an amount equal to its entire reserves, as required by this article, in any combination of the types of assets authorized by subsections (c) through (p) of this section subject to the limit, if any, set for each type or class of investment.

(b) (1) For purposes of this section, the entire reserves of a life insurer is the sum of the amounts listed in paragraph (2) of this subsection less the amount of net uncollected and deferred premiums.

(2) The sum to be used in paragraph (1) of this subsection consists of:

(i) the net present value of all outstanding policies in force, less reinsurance;

(ii) reserves for accidental death benefits and total and permanent disability benefits, less reinsurance;

(iii) the present value of supplementary contracts, including dividends left with the life insurer to accumulate at interest;

(iv) liabilities on canceled policies that are not included in net reserve and on which a surrender value may be demanded, and outstanding policy claims and losses; and

(v) any additional reserves that the Commissioner reasonably requires for the life insurance.

(c) The reserve investments of a life insurer may include:

(1) cash or deposits in checking or savings accounts, under certificates of deposit, or in any other form in a national or State bank or trust company; or

(2) shares or deposits in a savings and loan association or building and loan association to the extent that the investment or account is insured by the Federal Deposit Insurance Corporation.

(d) (1) The reserve investments of a life insurer may include:

(i) interest bearing bonds, notes, certificates of indebtedness, bills, or other direct interest bearing obligations of the United States or Canada or other interest bearing obligations fully guaranteed both as to principal and interest by the United States or Canada;

(ii) interest bearing bonds of a state, a province of Canada, a county or incorporated city of a state, or a municipality of Canada;

(iii) interest bearing bonds of a commission, instrumentality, authority, or political subdivision with legal authority to issue interest bearing bonds, of the United States, Canada, a state, a province of Canada, a county or incorporated city of a state, or a municipality of Canada;

(iv) interest bearing bonds, notes, or other interest bearing obligations of a corporation incorporated under the laws of the United States, Canada, a state, or a province of Canada;

(v) subject to paragraph (2) of this subsection, obligations of the African Development Bank, Asian Development Bank, Inter–American Development Bank, International Bank for Reconstruction and Development, or International Finance Corporation;

(vi) asset–backed securities rated investment grade by at least one of the nationally recognized statistical rating organizations, and which either trade on a regulated nationally recognized exchange or are traded by a minimum of two registered broker–dealers. To the extent necessary to satisfy the reserve requirements of this subtitle, a life insurer may not have more than 3% of its total admitted assets in the asset–backed securities of any one issuer; and

(vii) interest bearing bonds, notes, or other interest bearing obligations of real estate investment trusts rated investment grade by at least one of the nationally recognized statistical rating organizations, and which either trade on a regulated nationally recognized exchange or are traded by a minimum of two registered broker–dealers. To the extent necessary to satisfy the reserve requirements of this subtitle, a life insurer may not have more than 3% of its total admitted assets in the bonds, notes, or other interest bearing obligations of any one real estate investment trust.

(2) A life insurer may not invest more than 5% of its total admitted assets in obligations of the African Development Bank, Asian Development Bank, Inter–American Development Bank, International Bank for Reconstruction and Development, or International Finance Corporation.

(3) A life insurer may not acquire directly or indirectly through an investment subsidiary an investment under subsection (d), (e), or (f) of this section or § 5–509 of this subtitle, or counterparty exposure under subsection (o) of this section, if as a result of and after giving effect to the investment:

(i) the aggregate amount of medium grade investments and lower grade investments then held by the life insurer would exceed 20% of the life insurer’s admitted assets;

(ii) the aggregate amount of lower grade investments then held by the life insurer would exceed 10% of the life insurer’s admitted assets;

(iii) the aggregate amount of investments rated five or six by the Securities Valuation Office of the National Association of Insurance Commissioners then held by the life insurer would exceed 3% of the life insurer’s admitted assets;

(iv) the aggregate amount of investments rated six by the Securities Valuation Office of the National Association of Insurance Commissioners then held by the life insurer would exceed 1% of the life insurer’s admitted assets;

(v) the aggregate amount of medium grade investments and lower grade investments then held by the life insurer that receive as cash income less than the equivalent yield for United States Department of the Treasury issues with a comparative average life, would exceed 1% of the life insurer’s admitted assets;

(vi) the following would exceed 1% of the life insurer’s admitted assets:

1. the aggregate amount of medium grade investments and lower grade investments issued, assumed, guaranteed, accepted, or insured by any one person; or

2. any asset–backed securities secured by or evidencing an interest in a single asset or pool of assets; or

(vii) the following would exceed one–half of one percent of the life insurer’s admitted assets:

1. the aggregate amount of lower grade investments issued, assumed, guaranteed, accepted, or insured by any one person; or

2. any asset–backed securities secured by or evidencing an interest in a single asset or pool of assets.

(e) The reserve investments of a life insurer may include equipment trust obligations or certificates or other secured instruments that evidence:

(1) an interest in transportation or other equipment located wholly or partly within the United States or Canada; and

(2) a right to receive determined parts of rental, purchases, or other fixed obligatory payments received for the use or purchase of the transportation or other equipment.

(f) (1) Subject to paragraph (2) of this subsection, the reserve investments of a life insurer may include dividend–paying stock of a corporation created or existing under the laws of the United States, Canada, a state, or a province of Canada.

(2) To the extent necessary to satisfy the reserve requirements of this subtitle, a life insurer may not have more than:

(i) 10% of its total admitted assets in preferred stock;

(ii) 10% of its total admitted assets in common stock; or

(iii) 5% of its total admitted assets in the stock of any one corporation.

(g) (1) The reserve investments of a life insurer may include loans secured by first mortgages, or deeds of trust, on unencumbered fee–simple or improved leasehold real estate in a state or a province of Canada in an amount not exceeding 85% of the fair market value of the real estate.

(2) A life insurer may not include an amount from an investment made under paragraph (1) of this subsection that exceeds 75% of the fair market value of the real estate in reserve and capital stock investments under this subtitle unless:

(i) the real estate:

1. is primarily improved by a residence; or

2. is farm property used for farming purposes and the loan amount on any one farm property does not exceed $500,000; and

(ii) the loan on the real estate provides for the amortization of principal over a period of not more than 30 years, with payments to be made at least annually.

(3) (i) Notwithstanding paragraph (1) of this subsection, but subject to subparagraph (ii) of this paragraph, a life insurer may include an amount from an investment made under paragraph (1) of this subsection not exceeding 95% of the fair market value of the real estate if:

1. the real estate is improved by a dwelling primarily intended for occupancy by not more than four families; and

2. a mortgage insurance company authorized to do business in this State and not affiliated with the entity making the loan guarantees or insures that part of the loan in excess of 85% of the fair market value of the real estate.

(ii) A life insurer may not place more than 3% of its admitted assets in loans in which the amount of the loan exceeds 90% of the fair market value of the security of the loan.

(4) (i) If a loan is made on real estate improved by a building, the improvements must be insured against loss by fire.

(ii) The fire insurance policy required by subparagraph (i) of this paragraph shall:

1. contain the New York or Massachusetts standard mortgage clause or its equivalent; and

2. be delivered to the mortgagee as additional security for the loan.

(iii) A policy that insures against loss by fire and other coverages satisfies the requirements of this subsection.

(5) The requirements of this section and any other law of the State that require security on a loan, prescribe the nature, amount, or form of security on a loan, or limit the interest rate on a loan do not apply if the reserve investments consist of bonds, notes, or other evidences of indebtedness secured by mortgages or deeds of trust that are guaranteed or insured by an instrumentality of the United States under the National Housing Act, Servicemen’s Readjustment Act of 1944, or Bankhead–Jones Farm Tenant Act.

(h) (1) Subject to paragraphs (2) and (3) of this subsection, the reserve investments of a life insurer may include ground rents in any state.

(2) For unexpired redeemable ground rents, any premiums paid must be:

(i) amortized over the period between the date of acquisition and the earliest redemption date; or

(ii) charged off before the redemption date.

(3) For expired redeemable ground rents, any premiums paid must be charged off when acquired.

(4) A life insurer shall carry redeemable ground rents purchased at a discount at an amount not greater than the cost of acquisition.

(i) (1) The reserve investments of a life insurer may include collateral loans secured by pledge of any security listed in subsections (c) through (h) of this section if the current market value of the pledged security at all times during the term of the loan is at least 10% more than the unpaid balance of the loan amount.

(2) Each collateral loan is subject to the power of the life insurer to terminate it if the pledged security depreciates below 10% of the unpaid balance of the loan amount.

(j) (1) For purposes of this subsection, real estate sold under a contract of sale in which title is retained in the life insurer shall be classified as real estate.

(2) Subject to paragraph (3) of this subsection, the reserve investments of a life insurer may include:

(i) real estate for the office and business purposes only of the life insurer, except as authorized by subsections (g) and (h) of this section; or

(ii) property primarily for the use of employees or customers of the life insurer for parking with or without charge.

(3) The equity value of all real estate held under paragraph (2) of this subsection may not exceed 20% of the life insurer’s total admitted assets.

(4) A life insurer may purchase and hold real estate under a foreclosure of its own mortgages or a deed in lieu of mortgage foreclosure for not more than 5 years.

(5) Subject to paragraph (6) of this subsection, the Commissioner may grant extensions for periods not exceeding 5 years each of the period within which real estate may be held under paragraph (4) of this subsection, if the Commissioner considers the extensions necessary to serve the best interest of the life insurer and its policyholders.

(6) Before the Commissioner may refuse to grant extensions under paragraph (5) of this subsection, an appraisal of the real estate shall be obtained. If the appraisal shows that the appraised value of the real estate equals or exceeds the book value of the real estate, the Commissioner shall grant extensions for periods not exceeding 5 years each.

(7) With the written approval of the Commissioner, a life insurer may acquire property as partial payment of the consideration for the sale of real estate owned by the life insurer if the transaction causes a net reduction in the investment of the life insurer in real estate.

(8) With the approval of the Commissioner, a life insurer may acquire other real estate if necessary or convenient to enhance the market value of real estate previously acquired or held by the life insurer in accordance with this subsection.

(k) The reserve investments of a life insurer may include interest, rents, or other fixed income due and accrued on:

(1) an investment authorized under subsections (c) through (e) and (g) through (j) of this section; or

(2) policy loans of the life insurer.

(l) (1) The real estate authorized by this subsection to be held as a reserve investment by a life insurer does not include property to be used primarily for mining, recreational, amusement, hotel, or club purposes.

(2) Subject to paragraphs (3) through (6) of this subsection, the reserve investments of a life insurer may include fee–simple or improved leasehold real estate or interests in limited partnerships formed for the development or ownership of fee–simple or improved leasehold real estate, if acquired:

(i) as an investment for the production of income; or

(ii) to be improved or developed as an investment for the production of income.

(3) The cost of each parcel of fee–simple or improved leasehold real estate or each limited partnership interest acquired under this subsection, including the cost to the life insurer of improving or developing the real estate, may not exceed:

(i) 15% of the admitted assets of the life insurer, when added to the book value of all other fee–simple or improved leasehold real estate or limited partnership interests then held by the life insurer under this subsection; and

(ii) 20% of the total admitted assets of the life insurer, when added to the value of all real estate however acquired or held for investment by the life insurer, including home office and branch office properties.

(4) The cost of each parcel of fee–simple or improved leasehold real estate or each limited partnership interest acquired under this section, including the cost to the life insurer of improving or developing the real estate, may not exceed 1% of the admitted assets of the life insurer.

(5) (i) Except as otherwise required by the Commissioner, each parcel of fee–simple or improved leasehold real estate held by a life insurer directly or through a limited partnership under this subsection shall be valued on the books of the life insurer as of December 31 of each year at an amount that includes a write–down of the cost of the property, excluding the land cost, but including all improvements or development costs, at a rate that averages not less than 2% per year of the cost of the property for each year or part of a year that the property is held.

(ii) The admitted values of each parcel of fee–simple or improved leasehold real estate held under this subsection may not exceed the depreciated value of the property.

(6) A life insurer may not count towards its cash reserves any more than the lesser of:

(i) 75% of the investment value of any limited partnership interest; and

(ii) 75% of the current book value of that limited partnership interest.

(7) (i) Interests in limited partnerships under this subsection shall be valued at the actual cost of the investment adjusted by any additional capital contributions or capital withdrawals.

(ii) The valuation of a limited partnership interest may not exceed the life insurer’s proportionate share of the equity of the real estate asset owned by the limited partnership.

(m) The reserve investments of a life insurer may include those investments permitted under § 5–509 of this subtitle.

(n) (1) The reserve investments of a life insurer may include securities lending, repurchase, reverse repurchase, and dollar roll transactions with business entities, subject to the requirements of paragraphs (2) through (9) of this subsection.

(2) (i) The insurer’s board of directors shall adopt a written plan that specifies guidelines and objectives to be followed, such as:

1. a description of how cash received will be invested or used for general corporate purposes of the insurer;

2. operational procedures to manage interest rate risk, counterparty default risk, the conditions under which proceeds from reverse repurchase transactions may be used in the ordinary course of business, and the use of acceptable collateral in a manner that reflects the liquidity needs of the transaction; and

3. the extent to which the insurer may engage in these transactions.

(ii) The insurer shall file with the Commissioner the written plan including all changes and amendments to the written plan for use in the State on or before the date the plan becomes effective.

(3) (i) The insurer shall enter into a written agreement for all transactions authorized under this subsection other than dollar roll transactions.

(ii) The written agreement shall require that each transaction terminate no more than 1 year from its inception or on the earlier demand of the insurer.

(iii) The agreement shall be with the business entity counterparty, but for securities lending transactions, the agreement may be with an agent acting on behalf of the insurer, if the agent is a qualified business entity, and if the agreement:

1. requires the agent to enter into separate agreements with each counterparty that are consistent with the requirements of this section; and

2. prohibits securities lending transactions under the agreement with the agent or its affiliates.

(4) (i) Cash received in a transaction under this subsection shall be invested in accordance with this subtitle and in a manner that recognizes the liquidity needs of the transaction or used by the insurer for its general corporate purposes.

(ii) For so long as the transaction remains outstanding, the insurer, its agent, or custodian shall maintain, as to acceptable collateral received in a transaction under this subsection, either physically or through the book entry systems of the Federal Reserve, Depository Trust Company, Participants Trust Company, or other securities depositories approved by the Commissioner:

1. possession of the acceptable collateral;

2. a perfected security interest in the acceptable collateral; or

3. in the case of a jurisdiction outside the United States, title to, or rights of a secured creditor to, the acceptable collateral.

(5) (i) The limitations of § 5–507 of this subtitle do not apply to the business entity counterparty exposure created by transactions under this subsection.

(ii) For purposes of calculations made to determine compliance with this subsection, no effect will be given to the insurer’s future obligation to resell securities, in the case of a repurchase transaction, or to repurchase securities, in the case of a reverse repurchase transaction.

(iii) An insurer may not enter into a transaction under this subsection if, as a result of and after giving effect to the transaction:

1. A. the aggregate amount of securities then loaned, sold to, or purchased from any one business entity counterparty under this subsection would exceed 5% of its admitted assets; and

B. in calculating the amount sold to or purchased from a business entity counterparty under repurchase or reverse repurchase transactions, effect may be given to netting provisions under a master written agreement; or

2. the aggregate amount of all securities then loaned, sold to, or purchased from all business entities under this subsection would exceed 40% of its admitted assets.

(6) (i) In a securities lending transaction, the insurer shall receive acceptable collateral having a market value as of the transaction date at least equal to 102% of the market value of the securities loaned by the insurer in the transaction as of that date.

(ii) If at any time the market value of the acceptable collateral is less than the market value of the loaned securities, the business entity counterparty shall be obligated to deliver additional acceptable collateral, the market value of which, together with the market value of all acceptable collateral then held in connection with the transaction, at least equals 102% of the market value of the loaned securities.

(7) (i) In a reverse repurchase transaction, other than a dollar roll transaction, the insurer shall receive acceptable collateral having a market value as of the transaction date at least equal to 95% of the market value of the securities transferred by the insurer in the transaction as of that date.

(ii) If at any time the market value of the acceptable collateral is less than 95% of the market value of the securities so transferred, the business entity counterparty shall be obligated to deliver additional acceptable collateral, the market value of which, together with the market value of all acceptable collateral then held in connection with the transaction, at least equals 95% of the market value of the transferred securities.

(8) In a dollar roll transaction, the insurer shall receive cash in an amount at least equal to the market value of the securities transferred by the insurer in the transaction as of the transaction date.

(9) (i) In a repurchase transaction, the insurer shall receive as acceptable collateral transferred securities having a market value at least equal to 102% of the purchase price paid by the insurer for the securities.

(ii) If at any time the market value of the acceptable collateral is less than 100% of the purchase price paid by the insurer, the business entity counterparty shall be obligated to provide additional acceptable collateral, the market value of which, together with the market value of all acceptable collateral then held in connection with the transaction, at least equals 102% of the purchase price.

(iii) Securities acquired by an insurer in a repurchase transaction may not be sold in a reverse repurchase transaction, loaned in a securities lending transaction, or otherwise pledged.

(o) (1) The reserve investments of a life insurer may include derivative transactions under this subsection, whether entered into directly or indirectly through an investment subsidiary, under the conditions of paragraphs (2) through (6) of this subsection.

(2) (i) An insurer may use derivative instruments under this subsection to engage in hedging transactions.

(ii) Prior to entering into any derivative transaction, the board of directors of the insurer shall approve a derivative use plan that:

1. describes investment objectives and risk constraints, such as counterparty exposure amounts and collateral arrangements supporting derivative transactions;

2. defines permissible transactions identifying the risks to be hedged, the assets or liabilities being replicated; and

3. requires compliance with internal control procedures that demonstrate the intended hedging characteristics and the ongoing effectiveness of the derivative transaction or combination of the transactions through cash flow testing or other appropriate analyses.

(iii) Whenever the derivative transactions entered into under this subsection are not in compliance with this subsection or, if continued, may now or subsequently, create a hazardous financial condition to the insurer that affects its policyholders, creditors, or the general public, the Commissioner may, after notice and an opportunity for a hearing, order the insurer to take any action as may be reasonably necessary to:

1. rectify a hazardous financial condition; or

2. prevent an impending hazardous financial condition from occurring.

(3) An insurer may enter into hedging transactions under this subsection if, as a result of and after giving effect to the transaction:

(i) the aggregate statement value of options, caps, floors, and warrants not attached to another financial instrument purchased and used in hedging transactions does not exceed 7.5% of its admitted assets;

(ii) the aggregate statement value of options, caps, and floors written in hedging transactions does not exceed 3% of its admitted assets; and

(iii) the aggregate potential exposure of collars, swaps, forwards, and futures used in hedging transactions does not exceed 6.5% of its admitted assets.

(4) An insurer shall include all counterparty exposure amounts in determining compliance with the limitations of § 5–507 of this subtitle.

(5) Each derivative instrument shall be:

(i) traded on a securities exchange;

(ii) entered into with, or guaranteed by, a business entity;

(iii) issued or written by or entered into with the issuer of the underlying interest on which the derivative instrument is based; or

(iv) in the case of futures, traded through a broker that is registered as a futures commission merchant under the Commodity Exchange Act or that has received exemptive relief from registration under Rule 30.10 adopted under the Commodity Exchange Act.

(6) Any asset being replicated is subject to all of the provisions and limitations on the investment as if the replication transaction constituted a direct investment by the life insurer in the replicated asset.

(p) (1) The reserve investments of a life insurer may include money market mutual funds as defined by 17 C.F.R. 270.2A–7 under the Investment Company Act of 1940 (15 U.S.C. 80a–1 et seq.) that may be either of the following:

(i) Government Money Market Mutual Fund, which is a money market mutual fund that:

1. invests only in obligations issued, guaranteed, or insured by the federal government of the United States or collateralized repurchase agreements composed of these obligations; and

2. qualifies for investment without a reserve under the purposes and procedures of the Securities Valuation Office or any successor publication; or

(ii) Class One Money Market Mutual Fund, which is a money market mutual fund that qualifies for investment using the bond class one reserve factor under the purposes and procedures of the Securities Valuation Office or any successor publication.

(2) For purposes of determining whether a money market mutual fund is to be classified as an equity interest or within this subsection, money market funds qualifying for listing within this subsection must conform to the purposes and procedures of the Securities Valuation Office or any successor publication.
Md. Code, Corporations and Associations § 5-118 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-118
§5–118.
Status: reserved

(a) Only a qualified person may be appointed a proxy to vote stock of a professional corporation.

(b) A voting trust with respect to stock of a professional corporation is not valid unless all of the trustees of the trust are stockholders of the professional corporation.

(c) Stock in a professional corporation may not be transferred into a trust, unless:

(1) All settlors of the trust remain stockholders of the professional corporation for the duration of the trust; and

(2) All trustees of the trust are individuals licensed in the State to render the professional service named in the professional corporation’s articles of incorporation.

(d) (1) If a settlor of stock in a professional corporation in a trust ceases to be a stockholder in the corporation, the settlor shall be a disqualified stockholder and the corporation shall acquire the stock held by the trust.

(2) An acquisition of stock under paragraph (1) of this subsection shall be made under §§ 5–113 through 5–115 of this subtitle.
Md. Code, Labor and Employment § 5-608 — MD Code / Article gle / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

(a) Except as provided in § 24–505 of the Health – General Article, an individual may not smoke in an indoor place of employment.

(b) (1) The Department shall adopt regulations that prohibit environmental smoke, as defined in § 24–501 of the Health – General Article, in indoor places of employment not normally open to the general public.

(2) Subject to subsection (c) of this section, a person who violates a regulation adopted under this subtitle:

(i) for a first violation, shall be issued a written reprimand by the Commissioner or the Commissioner’s designee;

(ii) for a second violation, is subject to a civil penalty of $100; and

(iii) for each subsequent violation, is subject to a civil penalty not less than $250.

(c) The Commissioner may waive a penalty established under subsection (b) of this section, giving consideration to factors that include:

(1) the seriousness of the violation; and

(2) any demonstrated good faith measures to comply with the provisions of this subtitle.

(d) A penalty collected by the Commissioner under this section shall be paid to the Cigarette Restitution Fund established under § 7–317 of the State Finance and Procurement Article.

(e) An employer who discharges or discriminates against an employee because that employee has made a complaint under this section, has given information to the Department in accordance with this section, has caused to be instituted or is about to cause to be instituted a proceeding under this section, or has testified or is about to testify in a proceeding, shall be deemed in violation of this section and shall be subject to a civil penalty of at least $2,000 but not more than $10,000 for each violation.

(f) (1) An employee may not:

(i) make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;

(ii) in bad faith, bring an action under this subtitle; or

(iii) in bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.

(2) The Commissioner may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph (1) of this subsection.
Md. Code, Environment § 5-510 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-510
§5–510.
Status: in_force

(a) Except for permits issued for the appropriation or use of water for agricultural purposes, the Department shall prescribe a time limit not exceeding 2 years from the grant of a permit, during which construction, reconstruction, or repair shall begin or appropriation or use of water shall be completed.

(b) The Department shall prescribe a time limit, not more than 5 years from the grant of any permit, during which construction, reconstruction, or repair of reservoirs, dams, or waterway obstruction shall be completed.

(c) The Department may extend a permit-time limit for good cause shown.
Md. Code, General Provisions § 5-825 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-825
§5–825.
Status: in_force

(a) An applicant for appointment as commissioner shall file the financial disclosure statement required by this part electronically with the Ethics Commission.

(b) (1) Except as provided in paragraph (2) of this subsection, an applicant shall also print a paper copy of the electronically filed statement and submit it to the chief administrative officer of the county from which the applicant seeks appointment.

(2) In Montgomery County, each applicant to the Maryland–National Capital Park and Planning Commission shall also:

(i) print a paper copy of the electronically filed statement and submit it to the county council; or

(ii) electronically submit a copy of the financial disclosure to the county council.
Md. Code, Criminal Law § 5-901 — MD Code / Article gcr / Title 5 / Subtitle 9 / Section 5-901
§5–901.
Status: in_force

Notwithstanding any other law, a violation of this title shall be treated as if it were a felony for purposes of arrest, search, and seizure, whether or not a defendant is subsequently charged with or convicted of a violation that is a misdemeanor.
Md. Code, Labor and Employment § 5-702 — MD Code / Article gle / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, the Commissioner may require, by regulation, that an employer keep:

(i) an accurate record of:

1. each work–related death;

2. each work–related illness; and

3. each work–related injury other than a minor injury that requires only first aid treatment and does not involve loss of consciousness, medical treatment, restriction of motion or work, or transfer to another job; and

(ii) each other record about an activity of the employer under this title that the Commissioner considers appropriate or necessary to develop information about the causes and prevention of occupational accidents, illnesses, and injuries.

(2) The Commissioner shall require by regulation that each public body keep an accurate record of the information described under paragraph (1) of this subsection.

(b) Each employer shall make available to the Commissioner each record that the employer is required to keep under subsection (a)(2) of this section.

(c) An employer shall report orally to the Commissioner an employment accident within 8 hours after it occurs if the accident results in:

(1) the death of an employee; or

(2) hospitalization of at least three employees.
Md. Code, Transportation § 5-417 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-417
§5–417.
Status: in_force

(a) A political subdivision may acquire, by purchase or, if unable to agree on terms, by condemnation, any property, including any air right or interest, needed to establish or operate an airport, airport facility, or air navigation facility.

(b) Any condemnation of property under this section shall be under the law by which the political subdivision may condemn property for public purposes other than street purposes or, if it has no such law, under Title 12 of the Real Property Article.
Md. Code, Estates and Trusts § 5-704 — MD Code / Article get / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

(a) After filing an election for modified administration, the personal representative shall:

(1) File a verified final report under modified administration no later than 10 months from the date of appointment instead of filing a formal inventory and account; and

(2) On the request of any interested person, provide a formal inventory and account, as required under Title 7 of this article, to all interested persons.

(b) If the personal representative discovers property of the decedent after the time for filing a verified final report required by subsection (a) of this section, the personal representative shall:

(1) File a verified final report under modified administration with respect to the after–discovered property within 60 days of the discovery of the property; and

(2) Make final distribution of the after–discovered property within 90 days of the discovery of the property.
Md. Code, Labor and Employment § 5-701 — MD Code / Article gle / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

(a) The Commissioner may require, by regulation, that an employer:

(1) measure or monitor employee exposure to a potentially toxic material or harmful physical agent; and

(2) keep an accurate record of employee exposure to a toxic material or harmful physical agent that the employer is required to measure or monitor.

(b) An employer shall give an employee or representative of an employee an opportunity to observe each measurement or monitoring under this section.

(c) If an employee is exposed to a potentially toxic material or harmful physical agent in a concentration or level that exceeds the level allowed under an applicable occupational safety and health standard, the employer of the employee:

(1) promptly shall give the employee notice; and

(2) shall inform the employee of each corrective action being taken.

(d) (1) Each employee or former employee shall have access to each record that indicates exposure of the employee or former employee to a toxic material or harmful agent.

(2) Each employee or representative of an employee shall have access to each record kept under subsection (a) of this section.
Md. Code, Economic Development § 5-438 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-438
§5–438.
Status: in_force

In conjunction with financial assistance under this subtitle, the Authority may:

(1) accept an option to acquire an equity interest in a business enterprise; and

(2) exercise, in its sole discretion, the option using money from the Fund.
Md. Code, Family Law § 5-402 — MD Code / Article gfl / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

The purpose of this subtitle is to make possible, through a public subsidy, the most appropriate adoption of each eligible child.
Md. Code, Family Law § 5-403 — MD Code / Article gfl / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

The local department shall determine whether a subsidy is necessary to ensure a child’s adoption because of the child’s special circumstances, including:

(1) physical or mental disability;

(2) emotional disturbance;

(3) recognized high risk of physical or mental disease;

(4) age;

(5) sibling relationship; and

(6) racial or ethnic factors.
Md. Code, Natural Resources § 5-720 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-720
§5–720.
Status: in_force

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

(2) “Burning ban” means a complete ban on all open air burning that is declared by the Secretary or the Governor as a result of prolonged or unusual conditions conducive to the easy starting and spread of fire.

(3) “Open air burning” means a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator, or other equipment connected to a stack or chimney.

(4) “Public officer” means:

(i) The authorized agents of the Department; or

(ii) Any police officer who is authorized to enforce the laws of the State or of a political subdivision of the State.

(b) (1) Subject to paragraph (2) of this subsection, a person may not start or allow open air burning in an area in which a burning ban imposed by the Secretary or the Governor is in effect.

(2) This subsection does not apply to:

(i) The supervised burning of buildings or solid, liquid, or gaseous fuels conducted under the direct control and supervision of qualified instructors at a training center operated by a fire department; or

(ii) Any other supervised burning conducted under the direct control and supervision of:

1. Qualified fire instructors; or

2. In Wicomico County, Worcester County, or Somerset County, a fire chief, captain, or fire line officer of a fire department that has jurisdiction over the area where the supervised burning occurs.

(c) On reasonable suspicion of open air burning on privately owned property in an area in which a burning ban is in effect, a public officer may enter on the privately owned property of any person to extinguish the fire or to enforce the provisions of this section.
Md. Code, Environment § 5-503 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) (1) A person shall obtain, on written application to the Department, a permit from the Department to:

(i) Construct, reconstruct, or repair any reservoir, dam, or waterway obstruction;

(ii) Make, construct, or permit to be made or constructed any change or addition to any reservoir, dam, or waterway obstruction;

(iii) Make or permit to be made any change in, addition to, or repair of any existing waterway obstruction; or

(iv) Change, in any manner, in whole or part the course, current, or cross section of any stream or body of water within the State, except tidal waters.

(2) (i) If by March 1, 1982 a flood management plan for Jones Falls is not prepared and approved and implementation begun under § 5–803 of this title, the Department shall adopt regulations limiting construction, reconstruction, or changes in the course, current, or cross section of the channel and floodplain of the Jones Falls in the Patapsco River watershed until such time as a flood management plan for Jones Falls is prepared, approved, and implemented under Subtitle 8 of this title.

(ii) Regulations adopted pursuant to this paragraph may not apply:

1. To floodproofing of any existing structure; or

2. If use of the Pennington Avenue sanitary landfill site in Baltimore City as a sanitary landfill is terminated by the end of May 1, 1981, to any construction, reconstruction, development, or use of those properties in Baltimore City comprising and known as the Woodberry Quarry sanitary landfill site.

(3) Due to variances in floodplain measurements, a new residential permit for construction in the Jones Falls floodplain within 25 feet adjacent to the floodplain may not be approved or issued until the flood management plan for the Jones Falls is prepared, approved, and implemented under Subtitle 8 of this title.

(4) Regulations adopted by the Department as required under paragraph (2) of this subsection shall be null and void if the Department determines that a flood management plan for the Jones Falls in the Patapsco River has been adopted and implemented.

(b) (1) A person is exempt from the requirement of obtaining a permit from the Department if:

(i) The plans and specifications are approved by the appropriate soil conservation district or the Department’s designee;

(ii) The pond is not located within drainage of the Gwynns Falls, Jones Falls, or Herring Run streams situated in or adjacent to Baltimore City;

(iii) The pond meets minimum standards for safety set forth in Department rules and regulations;

(iv) The contributory drainage area is less than 1 square mile (640 acres);

(v) The dam is not greater than 20 feet in height measured vertically from the lowest point on the top of the dam to the lowest point on the upstream toe of the dam;

(vi) The pond is a low hazard structure the failure of which is unlikely to cause loss of life or property damage; and

(vii) The pond is not a wastewater stabilization pond.

(2) The soil conservation district or the Department’s designee shall notify the Department of any pond approved under this subsection.

(3) Nothing in this subsection is a limitation on the Department’s authority under this subtitle.

(4) (i) Each soil conservation district may recommend a fee system to cover the cost of reviewing plans for ponds that are exempt from permit requirements under this subsection.

(ii) Subject to § 8–311 of the Agriculture Article, any recommended fee system shall take effect upon enactment by the local governing body.

(iii) Any fees collected under a fee system established in accordance with this paragraph shall be supplemental to county and State funds and may not:

1. Be used to reduce county or State funds; or

2. Exceed the cost of reviewing the plans.

(c) (1) The Department, by regulation, may designate interjurisdictional watersheds in which any impoundment proposal is subject to review and approval by the Department for standards relating to safety and flood control.

(2) Gwynns Falls, Jones Falls, and Herring Run, situated in or adjacent to Baltimore City, are designated interjurisdictional watersheds.

(d) The provisions of this section do not restrict or limit the Department’s jurisdiction over waste treatment structures, including dams, impoundments, ponds, and lagoons or limit the applicability of any other laws administered by the Department.

(e) Agricultural drainage systems, for the purpose of lowering the level of water in the soil, with a total drainage area of 2,500 acres or less are exempt from the requirement of obtaining a permit from the Department, except that drainage systems financed or managed by a public drainage association are exempt from this requirement only if plans for construction, operation, and maintenance have been approved by the Secretary of Agriculture under § 8-603 of the Agriculture Article.

(f) The periodic maintenance of agricultural drainage systems constructed under the auspices of a public drainage or watershed association is exempt from the requirement of obtaining a permit from the Department if:

(1) The maintenance is performed in accordance with a permit from the Department for the original construction or reconstruction of the drainage system; or

(2) The maintenance is performed in accordance with an operation and maintenance plan approved by the local soil conservation district and the Secretary of Agriculture under § 8-603 of the Agriculture Article.

(g) The removal or demolition of residential structures is exempt from any permit requirement of this section.
Md. Code, Economic Development § 5-321 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-321
§5–321.
Status: in_force

(a) (1) After consulting with the Department and the Maryland Department of Labor, each year the Maryland Economic Development Commission shall:

(i) evaluate the potential employment and economic growth of Maryland’s industry sectors; and

(ii) recommend eligible industry sectors to the Authority.

(2) Each year the Authority shall:

(i) consider the recommendation of the Maryland Economic Development Commission; and

(ii) establish a list of industry sectors that will be eligible for financial assistance from the Fund.

(3) In determining whether an applicant is engaged in an eligible industry sector, the Department shall consider the definitions set forth in the North American Industry Classification System.

(b) (1) For the purpose of providing financial assistance under this subtitle, the following are deemed to be in eligible industry sectors:

(i) aquaculture projects;

(ii) arts and entertainment enterprises;

(iii) arts and entertainment projects;

(iv) redevelopment of qualified brownfields sites;

(v) creation or expansion of child care facilities;

(vi) projects in areas that are declared to be federal disaster areas within 1 year before the Department receives an application for financial assistance under this subtitle; and

(vii) feasibility studies.

(2) The requirements specifically imposed on significant strategic economic development opportunities and local economic development opportunities under this subtitle do not apply to the items listed in paragraph (1) of this subsection.
Md. Code, Natural Resources § 5-9A-07 — MD Code / Article gnr / Title 5 / Subtitle 9A / Section 5-9A-07
§5–9A–07.
Status: in_force

(a) The Board and the sponsor of a designated Rural Legacy Area shall execute a grant agreement.

(b) The sponsor shall comply with the terms of the grant agreement, carry out the Rural Legacy Plan, and adhere to regulations adopted by the Board.

(c) If a sponsor violates any provision of the grant agreement or ceases to meet the requirements of this subtitle, the Board may exercise any remedy provided by the agreement or by law.

(d) (1) The sponsor shall submit to the Board for approval contracts for easement or fee estate acquisitions.

(2) The Board may accept a contract subject to approval by the Board of Public Works.

(e) Upon BPW approval, the State shall pay the sponsor for the acquisition.

(f) The sponsor shall submit an annual report to the Rural Legacy Board.

(g) The Board shall report to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly before November 1 of each year on:

(1) The financial status of the Program for the preceding fiscal year, including the amount of grants encumbered and disbursed;

(2) The number of applications received;

(3) The number and location of Rural Legacy Areas designated; and

(4) The Program’s progress in contributing to land preservation efforts.
Md. Code, Corporations and Associations § 5-606 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

Five or more individuals or one or more cooperatives may organize a cooperative in the manner provided in this subtitle.
Md. Code, General Provisions § 5-606 — MD Code / Article ggp / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

(a) (1) (i) Except as provided in paragraph (3) of this subsection, the Ethics Commission and the Joint Ethics Committee shall maintain the statements submitted under this subtitle and, during normal office hours, make the statements available to the public for examination and copying.

(ii) Except as provided in paragraph (2) of this subsection, the Ethics Commission and the Joint Ethics Committee may charge a reasonable fee and adopt administrative procedures for the examination and copying of a statement.

(2) Except as provided in paragraph (3) of this subsection, for statements submitted on or after January 1, 2019, the Ethics Commission shall make freely available to the public on the Internet, through an online registration program, a financial disclosure statement required under § 5–601(a) of this subtitle and a preliminary disclosure required under § 5–602(c) of this subtitle that is filed by:

(i) a State official;

(ii) a candidate for office as a State official; or

(iii) a secretary of a principal department in the Executive Branch.

(3) The Ethics Commission and the Joint Ethics Committee may not:

(i) provide public access to a portion of a statement that is filed after January 1, 2019, and that includes an individual’s home address that the individual has identified as the individual’s home address; or

(ii) post on the Internet information related to consideration received that is reported under § 5–607(j) of this subtitle.

(b) (1) The Ethics Commission and the Joint Ethics Committee shall maintain a record of:

(i) the name and home address of each individual who examines or copies a statement under this section; and

(ii) the name of the individual whose statement was examined or copied.

(2) On the request of the individual whose statement was examined or copied, the Ethics Commission or the Joint Ethics Committee shall forward to that individual a copy of the record specified in paragraph (1) of this subsection.
Md. Code, Public Safety § 5-111 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-111
§5–111.
Status: in_force

(a) Unless a dealer’s license is renewed for a 1-year term as provided in this section, a dealer’s license expires on the first June 30 after its effective date.

(b) (1) Before a dealer’s license expires, the licensee periodically may renew it for an additional 1-year term, if the licensee:

(i) is otherwise entitled to be licensed;

(ii) pays to the Secretary a renewal fee of $25, payable to the Comptroller; and

(iii) submits to the Secretary a renewal application on the form that the Secretary provides.

(2) A refund or proration of the renewal fee is prohibited.
Md. Code, Family Law § 5-203 — MD Code / Article gfl / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) (1) The parents are the joint natural guardians of their minor child.

(2) A parent is the sole natural guardian of the minor child if the other parent:

(i) dies;

(ii) abandons the family; or

(iii) is incapable of acting as a parent.

(b) The parents of a minor child, as defined in § 1–103 of the General Provisions Article:

(1) are jointly and severally responsible for the child’s support, care, nurture, welfare, and education; and

(2) have the same powers and duties in relation to the child.

(c) If one or both parents of a minor child is an unemancipated minor, the parents of that minor parent are jointly and severally responsible for any child support for a grandchild that is a recipient of temporary cash assistance to the extent that the minor parent has insufficient financial resources to fulfill the child support responsibility of the minor parent.

(d) (1) If the parents live apart, a court may award custody of a minor child to either parent or joint custody to both parents.

(2) Neither parent is presumed to have any right to custody that is superior to the right of the other parent.
Md. Code, Family Law § 5-3B-28 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-28
§5–3B–28.
Status: in_force

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

(b) An intermediary appointed under this section:

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

(2) may not:

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

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

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

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

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

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

(e) Notwithstanding any other provision of law, a court may order an adoptee or former parent to pay a reasonable fee for the services of an intermediary under this section.
Md. Code, Business Occupations and Professions § 5-304 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) (1) To qualify for a license to practice as a cosmetologist, an applicant shall be an individual who meets the requirements of this section.

(2) The applicant shall be at least 17 years old.

(3) The applicant shall have completed successfully a 9th grade education or the equivalent.

(4) (i) Except as otherwise provided in this subsection, an applicant shall have received training by:

1. serving as a registered apprentice as provided under §§ 5–404 and 5–405(e) of this title; or

2. successfully completing a required program of at least 1,500 hours of training in a cosmetology school that is approved by the State Board of Education or the Maryland Higher Education Commission in consultation with the Board.

(ii) If an applicant is a barber or master barber currently licensed in this State, the Board shall:

1. credit the applicant with having met one–half of the training requirements of subparagraph (i) of this paragraph; and

2. determine the manner in which the credit will be applied.

(iii) An applicant meets the requirements of this subsection if:

1. the applicant has held a cosmetologist license in another state or foreign country and has actively practiced cosmetology in the other state or foreign country for a period of 6 months; or

2. the applicant has been trained in a cosmetology school in another state or foreign country that has standards substantially equivalent to or more stringent than the standards of a school that is approved by the State Board of Education or the Maryland Higher Education Commission in consultation with the Board.

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

(6) Except as otherwise provided in this subtitle, the applicant shall pass a written and practical examination given by the Board under this subtitle.

(b) To qualify for a license as a senior cosmetologist, an applicant shall:

(1) have 2 years of experience as a licensed cosmetologist; and

(2) pass an examination approved by the Board.
Md. Code, Business Occupations and Professions § 5-504 — MD Code / Article gbo / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

(a) The Board shall issue a beauty salon permit to each applicant who meets the requirements of this subtitle.

(b) A beauty salon permit for the limited practice of cosmetology shall specify the limited cosmetology services for which the permit is issued.

(c) The Board shall issue a beauty salon permit and a barbershop permit to an applicant of a single establishment if the applicant:

(1) meets the requirements of:

(i) this title; and

(ii) Title 4 of this article;

(2) submits a separate application for each permit; and

(3) pays a separate fee for each application.
Md. Code, Economic Development § 5-545 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-545
§5–545.
Status: in_force

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

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

(1) on an application for financial assistance; or

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

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $50,000 or both.
Md. Code, Commercial Law § 5-110 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-110
§5–110.
Status: in_force

(a) If its presentation is honored, the beneficiary warrants:

(1) To the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in § 5-109(a) of this title; and

(2) To the applicant that the drawing does not violate any agreement between the applicant and beneficiary or any other agreement intended by them to be augmented by the letter of credit.

(b) The warranties in subsection (a) of this section are in addition to warranties arising under Titles 3, 4, 7, and 8 of this article because of the presentation or transfer of documents covered by any of those titles.
Md. Code, Agriculture § 5-402 — MD Code / Article gag / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

The Secretary may accept, use, or expend, on terms satisfactory to him, any aid, gift, or loan made available, by the government of the United States or any agency of it, for the purpose of carrying out the provisions of this subtitle.
Md. Code, Family Law § 5-206 — MD Code / Article gfl / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) One parent, to the exclusion of the other parent, may sue for the loss of services and earnings of the parent’s minor child if:

(1) the loss was caused by:

(i) the seduction of the child; or

(ii) an injury wrongfully or negligently inflicted on the child; and

(2) that parent has been awarded custody of the child or the other parent has abandoned the child or is dead.

(b) This section does not affect any provision of the Maryland Workers’ Compensation Act.
Md. Code, Insurance § 5-512 — MD Code / Article gin / Title 5 / Subtitle 5 / Section 5-512
§5–512.
Status: in_force

(a) A life insurer may allocate to one or more separate investment accounts in accordance with a written agreement any amounts paid to the life insurer that are to be invested by the life insurer in accordance with the agreement and applied to the purchase of guaranteed income benefits under the life insurer’s individual or group policies or annuity contracts or to provide other guaranteed benefits incidental to those policies or annuity contracts.

(b) Any income and gains and losses, realized or unrealized, on each separate investment account shall be credited to or charged against the amounts allocated to the account in accordance with the agreement without regard to other income, gains, or losses of the life insurer.

(c) (1) Amounts allocated to separate investment accounts and accumulations on the accounts may be invested and reinvested in any class of investments authorized under this article as life insurance reserve investments.

(2) Preferred and common stock investments of amounts allocated to separate investment accounts may not be included in applying the 10% limitations on investments under § 5–511(f) of this subtitle.

(3) A separate investment account may invest in any investments contractually permitted for the separate investment account and specified in a plan of operation, and the restrictions, limitations, and other provisions of this article relating to investments shall not apply to the investments contained in the separate investment account, provided that prior to delivery or issuance for delivery in the State, the form of the policy or annuity contract and the plan of operation have been filed with and approved by the Commissioner.

(d) Unless a life insurer limits its liability under the guarantee to the interest of the contract holder in the investments, a life insurer may not guarantee:

(1) the value of amounts allocated to a separate investment account; or

(2) the value of investments of the amounts allocated to the separate investment account or the income from the investments.

(e) (1) A life insurer owns the amounts that the life insurer allocates to a separate investment account under this section.

(2) A life insurer may not be or hold itself out to be a trustee of the amounts allocated to the separate investment account.

(3) To the extent provided under the applicable contracts, the part of the assets of the separate investment account equal to the reserves and other contract liabilities with respect to the account may not be chargeable with liabilities arising out of any other business that the insurer may conduct.

(f) At all times, the investments and liabilities of each separate investment account shall be clearly identifiable and distinguishable on the books of the life insurer from other investments and liabilities of the life insurer.

(g) Unless the Commissioner approves, a life insurer may not transfer by sale, exchange, substitution, or otherwise from one investment account to another investment account an investment in any separate investment account or in the general investment account of the life insurer.

(h) (1) In connection with the allocation of investments or expenses or in any other manner, a life insurer may not discriminate unfairly between:

(i) separate investment accounts; or

(ii) a separate investment account and the life insurer’s general investment account.

(2) This subsection does not require a life insurer to follow uniform investment policies for its accounts.

(i) (1) Investments made with respect to separate investment accounts shall be valued for the purpose of any valuation required by this article:

(i) at the market value of the investment on the date of the valuation; or

(ii) if there is no readily available market, in accordance with the terms of the written agreement referred to in subsection (a) of this section.

(2) (i) If a separate investment account provides a fixed guaranteed return that is not subject to market value adjustment, the life insurer shall hold assets that equal or exceed the reserve amount that would be required if the separate investment account was an obligation of the life insurer’s general account.

(ii) An asset held under subparagraph (i) of this paragraph shall be valued in accordance with §§ 5–401 and 5–402 of this title.
Md. Code, State Government § 5-106 — MD Code / Article gsg / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

(a) If the Treasurer temporarily is unable or unavailable to carry out the duties of office, an acting treasurer shall have the powers and duties of the office, as provided in this section.

(b) (1) If the Treasurer gives the presiding officers of the General Assembly and the Chief Deputy Treasurer written notice of a temporary inability or unavailability, the Chief Deputy Treasurer shall serve as an acting treasurer unless the presiding officers appoint another individual as acting treasurer and give the Chief Deputy Treasurer written notice of the appointment.

(2) An acting treasurer shall serve under this subsection:

(i) on and after the date that the Treasurer sets in the notice; and

(ii) until the Treasurer gives the presiding officers and the acting treasurer written notice that the Treasurer is able to carry out the duties.

(c) (1) If the Treasurer has not given notice, but the presiding officers of the General Assembly make a formal, written determination of a temporary inability or unavailability of the Treasurer, the officers may appoint an acting treasurer.

(2) The acting treasurer shall serve under this subsection:

(i) on and after the date of the appointment; and

(ii) until the presiding officers jointly determine and give the Treasurer and the acting treasurer written notice that the Treasurer is able to carry out the duties.

(d) The Supreme Court of Maryland has exclusive original jurisdiction, on petition of the presiding officers of the General Assembly, the Treasurer, or the acting treasurer, to determine any issue that arises under this section and to pass any appropriate order.
Md. Code, Economic Development § 5-701 — MD Code / Article gec / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

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

(b) “Area” means a geographic area in one or more political subdivisions in the State described by a closed perimeter boundary.

(c) “Business entity” means a person that operates or conducts a trade or business.

(d) “Enterprise zone” means an area:

(1) that meets the requirements of § 5-704(a) of this subtitle and is designated as an enterprise zone by the Secretary under § 5-704(b) of this subtitle;

(2) designated as an enterprise zone by the United States government under 42 U.S.C. §§ 11501 through 11505; or

(3) designated as an empowerment zone or enterprise community by the United States government under 26 U.S.C. §§ 1391 through 1397F.

(e) “Focus area” means an area that meets the requirements of § 5-706 of this subtitle and is designated as a focus area by the Secretary under § 5-706 of this subtitle.

(f) “Political subdivision” means a county or municipal corporation.

(g) “Submission date” means April 15 or October 15.
Md. Code, Natural Resources § 5-610 — MD Code / Article gnr / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

This subtitle does not apply to clearing woodlands for reservoirs, military, naval, agricultural, communication and transmission lines, industrial sites, railroads, residential, or recreational purposes; nor does it apply to maple tree camps or to the business of gathering maple sugar or syrup.
Md. Code, General Provisions § 5-706 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-706
§5–706.
Status: in_force

(a) In addition to any other report required under this subtitle, a regulated lobbyist shall file a separate report disclosing the name of each State official of the Executive Branch or member of the immediate family of a State official of the Executive Branch who has benefited during the reporting period from a gift of a meal or beverages from the regulated lobbyist, whether or not in connection with lobbying activities, allowed under § 5–505(c)(2)(i)1 of this title.

(b) Gifts reported by name of recipient under § 5–705(b)(2)(ix) of this subtitle need not be allocated for the purposes of disclosure under subsection (a) of this section.

(c) The disclosure required by this section shall be under oath or affirmation, on a form issued by the Ethics Commission, and shall include:

(1) the name and business address of the regulated lobbyist;

(2) the name of each recipient of a gift of a meal or beverages;

(3) the date and value of each gift of a meal or beverages, and the identity of the entity or entities to which the gift is attributable; and

(4) the total cumulative value of gifts of meals or beverages, calculated as to each recipient.

(d) The regulated lobbyist may explain the circumstances under which the gift of a meal or beverages was given.

(e) Gifts of meals or beverages reported by a regulated lobbyist under this section need not be counted or reported by the regulated lobbyist for purposes of disclosure under § 5–705(c) of this subtitle.

(f) The report shall be filed electronically at the time and in the manner required for reports filed under § 5–705 of this subtitle.
Md. Code, Public Safety § 5-306 — MD Code / Article gps / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) Subject to subsections (c) and (d) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds:

(1) (i) is at least 21 years old; or

(ii) is a person who is a member of the uniformed services or the National Guard;

(2) (i) has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than 1 year has been imposed; or

(ii) if convicted of a crime described in item (i) of this item, has been pardoned or has been granted relief under 18 U.S.C. § 925(c);

(3) has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;

(4) is not on supervised probation for:

(i) conviction of a crime punishable by imprisonment for 1 year or more;

(ii) a violation of § 21–902(b) or (c) of the Transportation Article; or

(iii) violating a protective order under § 4–509 of the Family Law Article;

(5) is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless the habitual use of the controlled dangerous substance is under legitimate medical direction;

(6) does not suffer from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article and have a history of violent behavior against the person or another;

(7) has not been involuntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article;

(8) is not a respondent against whom:

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

(ii) a current extreme risk protective order has been entered under § 5–601 of this title; or

(iii) any other type of current court order has been entered prohibiting the person from purchasing or possessing firearms;

(9) except as provided in subsection (b) of this section, has successfully completed prior to application and each renewal, a firearms training course approved by the Secretary that meets the minimum criteria specified in subsection (a–1) of this section; and

(10) based on an investigation:

(i) has not exhibited a propensity for violence or instability that may reasonably render the person’s possession of a handgun a danger to the person or to another; and

(ii) is not otherwise prohibited by State or federal law from purchasing or possessing a handgun.

(a–1) The firearms training course required under subsection (a) of this section shall include:

(1) (i) for an initial application, a minimum of 16 hours of in–person instruction by a qualified handgun instructor; or

(ii) for a renewal application, 8 hours of in–person instruction by a qualified handgun instructor;

(2) classroom instruction on:

(i) State and federal firearm laws, including laws relating to:

1. self–defense;

2. defense of others;

3. defense of property;

4. the safe storage of firearms;

5. the circumstances under which an individual becomes prohibited from possessing a firearm under State and federal law, including becoming a respondent against whom:

A. a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article;

B. 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 a Native American tribe and is in effect; or

C. a current extreme risk protective order has been entered under Subtitle 6 of this title;

6. the requirements and options for surrendering, transferring, or otherwise disposing of a firearm after becoming prohibited from possessing a firearm under State or federal law;

7. the requirements for reporting a loss or theft of a firearm to a law enforcement agency as required by § 5–146 of this title;

8. the firearms and firearm accessories which are banned under State and federal law;

9. the types of firearms that require a special permit or registration to acquire or possess under State or federal law;

10. the law prohibiting straw purchases;

11. the law concerning armed trespass under § 6–411 of the Criminal Law Article; and

12. the locations where a person is prohibited from possessing a firearm regardless of whether the person possesses a permit issued under this subtitle;

(ii) home firearm safety;

(iii) handgun mechanisms and operations;

(iv) conflict de–escalation and resolution;

(v) anger management; and

(vi) suicide prevention; and

(3) a firearm qualification component that includes live–fire shooting exercise on a firing range and requires the applicant to demonstrate:

(i) safe handling of a handgun; and

(ii) shooting proficiency with a handgun.

(a–2) The Secretary, in consultation with the Office of the Attorney General and the Department of Health, shall develop, publish, update, and distribute to all State–certified firearms instructors a curriculum of instruction for the topics required for classroom instruction in subsection (a–1) of this section.

(b) An applicant for a permit is not required to complete a certified firearms training course under subsection (a) of this section if the applicant:

(1) is a law enforcement officer or a person who is retired in good standing from service with a law enforcement agency of the United States, the State, or any local law enforcement agency in the State;

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

(3) is a qualified handgun instructor; or

(4) has completed a firearms training course approved by the Secretary.

(c) An applicant under the age of 30 years is qualified only if the Secretary finds that the applicant has not been:

(1) committed to a detention, training, or correctional institution for juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or

(2) adjudicated delinquent by a juvenile court for:

(i) an act that would be a crime of violence if committed by an adult;

(ii) an act that would be a felony in this State if committed by an adult; or

(iii) an act that would be a misdemeanor in this State that carries a statutory penalty of more than 2 years if committed by an adult.

(d) (1) The Secretary may not issue a permit to a person if the person:

(i) has been convicted on or after October 1, 2023, of a second or subsequent violation of § 4–104 of the Criminal Law Article; or

(ii) has been convicted on or after October 1, 2023, of a violation of § 4–104 of the Criminal Law Article if the violation resulted in the use of a loaded firearm by a minor causing death or serious bodily injury to the minor or another person.

(2) Subject to paragraph (1) of this subsection, the Secretary may not issue a permit to a person who has been convicted on or after October 1, 2023, of a violation of § 4–104 of the Criminal Law Article for 5 years following the date of the conviction.

(e) The Secretary may issue a handgun qualification license, without an additional application or fee, to a person who:

(1) meets the requirements for issuance of a permit under this section; and

(2) does not have a handgun qualification license issued under § 5–117.1 of this title.
Md. Code, Human Services § 5-306 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) In providing assistance under this subtitle, the Department may contract with:

(1) charitable organizations;

(2) private organizations;

(3) religious organizations; and

(4) institutions of higher education.

(b) If the Department contracts with a State, local, or nongovernmental contractor, the contractor shall provide individuals with disabilities access and equal opportunity to participate in the benefits of the services, programs, and activities provided by the contractor in accordance with the federal Americans with Disabilities Act, including reasonable accommodations necessary to participate in FIP.

(c) For any contract with a nongovernmental entity in place as of October 1, 2024, the Department annually shall review each contract to measure:

(1) overall program impact, including the number of recipients enrolled in education or training programs that increase the recipient’s skill level;

(2) interim progress toward employment for current recipients of temporary cash assistance, including the number of recipients earning an education credential or a skill–based certificate;

(3) employment outcomes for families who left temporary cash assistance due to earnings, including the number of employment outcomes with wages that:

(i) equal the State minimum wage;

(ii) meet or exceed 150% of the State minimum wage; and

(iii) meet or exceed 200% of the State minimum wage; and

(4) the number of the recipients served experiencing homelessness or housing insecurity while participating in work activities.

(d) Within 45 days after completion of the Department’s review under subsection (c) of this section, the Department shall:

(1) in accordance with § 2–1257 of the State Government Article, submit the review to the Senate Budget and Taxation Committee and the House Appropriations Committee; and

(2) publish the review on the Department’s website.
Md. Code, Transportation § 5-602 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

An airport hazard endangers the lives and property of the users of an airport and of the occupants of land in its vicinity, and it also reduces, in effect, the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of an airport. It is, therefore, in the interest of public health, safety, and general welfare that the political subdivisions of this State be authorized to adopt zoning regulations, as provided in this subtitle, and to acquire property, by purchase, grant, lease, or condemnation, in order to eliminate airport hazards.
Md. Code, Insurance § 5-914 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-914
§5–914.
Status: in_force

(a) An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of § 5–904 of this subtitle shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer.

(b) The reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, under a reinsurance contract with the assuming insurer as security for the payment of obligations under the contract, if the security is held:

(1) in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or

(2) in the case of a trust, held in a qualified United States financial institution.

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

(1) cash;

(2) securities listed by the securities valuation office of the National Association of Insurance Commissioners, including those deemed exempt from filing as defined by the purposes and procedures manual of the securities valuation office, and qualifying as admitted assets;

(3) subject to subsection (d) of this section, clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified United States financial institution, effective no later than December 31 of the year for which the filing is being made, and in the possession of, or in trust for, the ceding insurer on or before the filing date of the ceding insurer’s annual statement; or

(4) any other form of security acceptable to the Commissioner.

(d) Notwithstanding the subsequent failure of the issuing or confirming institution to meet applicable standards of issuer acceptability, a letter of credit meeting applicable standards of issuer acceptability as of the date of its issuance or confirmation under subsection (c)(3) of this section shall continue to be acceptable as security until the letter of credit expires or is extended, renewed, modified, or amended, whichever occurs first.
Md. Code, Economic Development § 5-201 — MD Code / Article gec / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

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

(b) “Fund” means the Maryland Economic Adjustment Fund.

(c) (1) “Working capital” means money for current operations of a business.

(2) “Working capital” includes money for supplies, materials, labor, equipment, rent, software, marketing, insurance, and fees for professional services.
Md. Code, Tax - General § 5-103 — MD Code / Article gtg / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) A rebuttable presumption exists that any alcoholic beverage in the State is subject to the alcoholic beverage tax.

(b) An alcoholic beverage on which the alcoholic beverage tax is not paid is a contraband alcoholic beverage if it is delivered, possessed, sold, or transported in the State in a manner that is not authorized:

(1) under this title; or

(2) under the Alcoholic Beverages Article.

(c) The person who possesses an alcoholic beverage has the burden of proving that the alcoholic beverage is not subject to the alcoholic beverage tax.
Md. Code, Education § 5-106 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

On or before November 1 and March 1 of each fiscal year, the Anne Arundel County Board shall submit to the Anne Arundel County Council, and the Baltimore City Board of School Commissioners shall submit to the Mayor and City Council of Baltimore a report detailing all expenditures within the major categories of its annual budget. The report also shall detail any action of the county board that would commit the county board to spend more in any major category in the annual budget for the current fiscal year than the amount approved in the annual budget for that category.
Md. Code, Courts and Judicial Proceedings § 5-629 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-629
§5–629.
Status: in_force

(a) In this section, “Secretary” means the Secretary of Health.

(b) Except as provided in subsection (d) of this section, a person lawfully administering a drug or vaccine is not liable for any adverse effect that arises from the use of the drug or vaccine if the drug or vaccine:

(1) Is administered to immunize an individual against a disease; or

(2) Is approved by the United States Food and Drug Administration for the purpose for which the drug or vaccine is administered.

(c) Except as provided in subsection (d) of this section, if the Secretary or a designee of the Secretary finds that a proposed immunization project would conform to good medical and public health practice and gives written approval for the project to be administered in the State, a physician, nurse, or other person participating in the project is not liable for any adverse effect that arises from the use of a drug or vaccine in the project.

(d) This section does not exempt:

(1) A person from liability for gross negligence;

(2) A drug manufacturer from the duty to use ordinary care in preparing and handling a drug or vaccine; or

(3) A person from liability that arises out of the improper or illegal administration of a drug or vaccine.
Md. Code, Economic Development § 5-416 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-416
§5–416.
Status: in_force

A finding by the Authority, including a finding as to the public purpose of an action taken under this subtitle, and the appropriateness of that action to serve the public purpose, is conclusive in a proceeding involving the validity or enforceability of:

(1) an agreement the Authority enters into under this subtitle;

(2) a bond; or

(3) any security relating to item (1) or (2) of this section.
Md. Code, Criminal Law § 5-906 — MD Code / Article gcr / Title 5 / Subtitle 9 / Section 5-906
§5–906.
Status: in_force

In addition to a penalty imposed under this title, a court may require an individual to complete the educational program on acquired immune deficiency syndrome (AIDS) developed under § 18-339 of the Health - General Article if:

(1) the individual pleads guilty or nolo contendere to, or is found guilty of, violating this title; and

(2) the judge believes the individual will attend and benefit from the program.
Md. Code, Business Regulation § 5-805 — MD Code / Article gbr / Title 5 / Subtitle 8 / Section 5-805
§5–805.
Status: in_force

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

(2) “Abandoned cemetery” means a cemetery for which:

(i) 1. the organization established to engage in the operation of the cemetery has been terminated, has been subject to administrative dissolution by the State, or has otherwise ceased to exist; and

2. title has not been conveyed;

(ii) there is no property owner listed in the records of the State Department of Assessments and Taxation;

(iii) the property has been condemned; or

(iv) no person who is legally responsible for the property can be found and legal ownership of the property cannot be determined.

(3) “Fund” means the Abandoned and Neglected Cemeteries Fund.

(4) “Neglected cemetery” means a cemetery for which:

(i) two or more citations have been issued by a county or municipal corporation against the property for failure to maintain the property;

(ii) the property has fallen into disrepair due to neglect and insufficient maintenance;

(iii) the property has been the object of vandalism, loitering, or other criminal conduct; or

(iv) there has been physical destruction or deterioration of the property.

(b) There is an Abandoned and Neglected Cemeteries Fund.

(c) The purpose of the Fund is to provide for the care, preservation, maintenance, and restoration of abandoned and neglected cemeteries in the State.

(d) The Secretary shall administer the Fund.

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

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

(f) The Fund consists of:

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

(2) interest earnings; and

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

(g) (1) Money in the Fund may be used only for the costs of:

(i) care, preservation, maintenance, and restoration of abandoned and neglected cemeteries;

(ii) administering the Fund through distribution to an administrative cost account in the Department; and

(iii) subject to paragraph (2) of this subsection, promoting donations to the Fund through distribution to a promotion cost account in the Department.

(2) Not more than 5% of the net proceeds of the Fund may be used under paragraph (1)(iii) of this subsection.

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

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

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

(j) Money expended from the Fund for the preservation, care, and maintenance of abandoned and neglected cemeteries is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Office of Cemetery Oversight.

(k) The Governor may include in the annual budget bill an appropriation of $250,000 to the Fund.

(l) On or before September 30 each year, the Secretary shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the administration of the Fund.

(m) The report required under subsection (l) of this section shall include:

(1) the gross amount of donations to the Fund;

(2) a description of promotional efforts undertaken with money from the Fund; and

(3) a detailed accounting of the use of the Fund.
Md. Code, Insurance § 5-608 — MD Code / Article gin / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: reserved

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

(2) “Dollar roll transaction” means two simultaneous transactions with different settlement dates no more than 96 days apart, so that in the transaction with the earlier settlement date, an insurer sells to a business entity, and in the other transaction the insurer is obligated to purchase from the same business entity, substantially similar securities of the following types:

(i) asset–backed securities issued, assumed, or guaranteed by the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation or their respective successors; and

(ii) other asset–backed securities referred to in Section 106 of Title I of the Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C. § 77r–1), as amended.

(3) “Fixed charges” include:

(i) interest on funded and unfunded debt amortization of debt discount; and

(ii) rentals for leased properties.

(4) “Institution” includes a corporation, joint stock association, business trust, and statutory trust.

(5) “Net earnings available for fixed charges” means net income after deducting operating and maintenance expenses, taxes other than federal and state income taxes, depreciation, and depletion, and excluding extraordinary nonrecurring items or income or expense appearing in the regular financial statements of the issuing, assuming, or guaranteeing institutions.

(6) “Obligation” includes bonds, debentures, notes, or other evidences of indebtedness.

(7) “Repurchase transaction” means a transaction in which an insurer purchases securities from a business entity that is obligated to repurchase the purchased securities or equivalent securities from the business entity at a specified price, either within a specified period of time or on demand.

(8) “Reverse repurchase transaction” means a transaction in which an insurer sells securities to a business entity and is obligated to repurchase the sold securities or equivalent securities from the business entity at a specified price, either within a specified period of time or on demand.

(9) “Securities lending transaction” means a transaction in which securities are loaned by an insurer to a business entity that is obligated to return the loaned securities or equivalent securities to the insurer, either within a specified period of time or on demand.

(b) (1) (i) If net earnings are determined by relying on consolidated earnings statements of parent and subsidiary institutions:

1. the net earnings shall be determined after providing for the income taxes of subsidiaries and making proper allowance for any minority stock interest; and

2. except as otherwise provided in subparagraph (ii) of this paragraph, the required coverage of fixed charges shall be computed on a basis that includes fixed charges and preferred dividends of subsidiaries other than those payable by the subsidiaries to the parent corporation or to other subsidiaries.

(ii) If the minority common stock interest in the subsidiary corporation is substantial, the fixed charges and preferred dividends may be apportioned in accordance with regulations adopted by the Commissioner.

(2) (i) This paragraph applies to an issuing, assuming, or guaranteeing institution, whether or not in legal existence during the entire 5–year period immediately preceding the date of investment by the insurer, that has at any time during the 5–year period acquired the assets of another institution substantially as an entirety by purchase, merger, consolidation, or otherwise, or has been reorganized pursuant to bankruptcy law.

(ii) In applying the earnings tests under this section, the earnings of the predecessor, constituent, or reorganized institution available for interest and dividends for the part of the period that preceded the acquisition or reorganization may be included in the earnings of the issuing, assuming, or guaranteeing institution for the part of the period determined in accordance with adjusted or pro forma consolidated earnings statements covering that part of the period and giving effect to all stock outstanding and all fixed charges existing immediately after the acquisition or reorganization.

(c) The reserve investments of an insurer shall consist of the classes of assets set forth in this section, subject to any limit set for each type or class of asset.

(d) (1) The reserve investments of an insurer may include:

(i) subject to paragraph (2) of this subsection, obligations issued or guaranteed by the African Development Bank, Asian Development Bank, International Bank for Reconstruction and Development, or International Finance Corporation; and

(ii) bonds or other evidences of indebtedness that:

1. are not in default as to principal or interest;

2. are valid and legally authorized obligations issued, assumed, or guaranteed by the United States, a state, a county, city, town, village, municipality, district, or political subdivision of a state, or a civil division or public instrumentality of any of these entities;

3. by applicable statutory or other legal requirements, are payable, as to both principal and interest, from taxes levied or by law required to be levied on all taxable property or all taxable income within the jurisdiction of the governmental unit or from adequate special revenues pledged or otherwise appropriated or by law required to be provided for the purpose of the payment of obligations; and

4. are not payable solely out of special assessments on properties benefited by local improvements.

(2) An insurer may not invest more than 5% of its total admitted assets in obligations of the African Development Bank, Asian Development Bank, International Bank for Reconstruction and Development, or International Finance Corporation.

(e) (1) This subsection does not apply to obligations eligible for investment under subsection (j), (k), or (l) of this section.

(2) The reserve investments of an insurer may include obligations that are not in default as to principal or interest, that are issued, assumed, or guaranteed by a solvent institution created or existing under the laws of the United States or a state, and that qualify under any of the following items:

(i) subject to paragraph (3) of this subsection, the obligations are secured by adequate collateral security and bear fixed interest, and, during each of any 3, including either of the last 2, of the 5 fiscal years immediately preceding the date of acquisition by the insurer, the net earnings available for fixed charges of the issuing, assuming, or guaranteeing institution must have been not less than one and one–quarter times the total of the institution’s fixed charges for the year;

(ii) subject to paragraph (3) of this subsection, the obligations, at the date of acquisition by the insurer, are adequately secured and have investment qualities and characteristics in which speculative elements are not predominant;

(iii) the obligations bear fixed interest and are other than those described in item (i) of this paragraph, and the net earnings available for fixed charges of the issuing, assuming, or guaranteeing institution:

1. for a period of 5 fiscal years immediately preceding the date of acquisition by the insurer, must have averaged each year not less than one and one–half times the institution’s average annual fixed charges applicable to the period; and

2. during the last year of the 5–year period, must have been not less than one and one–half times the institution’s fixed charges for the year;

or

(iv) the obligations are adjustment, income, or other contingent interest obligations, and the net earnings available for fixed charges of the issuing, assuming, or guaranteeing institution for a period of 5 fiscal years immediately preceding the date of acquisition by the insurer:

1. must have averaged each year not less than one and one–half times the sum of the institution’s average annual fixed charges plus the institution’s average annual maximum contingent interest applicable to the period; and

2. during each of the last 2 years of the 5–year period, must have been not less than one and one–half times the sum of the institution’s fixed charges plus maximum contingent interest for the year.

(3) To determine the adequacy of collateral security for purposes of paragraph (2)(i) or (ii) of this subsection not more than one–third of the total value of the required collateral may include stock other than stock meeting the requirements of subsection (f) of this section.

(f) (1) In this subsection, “preferred dividends requirement” means cumulative or noncumulative dividends whether paid or unpaid.

(2) The reserve investments of an insurer may include preferred or guaranteed stock of a solvent institution, created or existing under the laws of the United States or a state, if:

(i) all prior obligations, and prior preferred stock, if any, of the institution at the date of acquisition by the insurer are eligible as investments under this article;

(ii) for preferred stock:

1. the net earnings of the institution available for fixed charges for a period of 5 fiscal years immediately preceding the date of acquisition by the insurer must have averaged each year not less than one and one–half times the sum of any average annual fixed charges, any average annual maximum contingent interest, and the average annual preferred dividend requirement applicable to the period; and

2. during either of the last 2 years of the 5–year period, the net earnings must have been not less than one and one–half times the sum of the institution’s fixed charges, contingent interest, and preferred dividend requirement for the year; and

(iii) for guaranteed stock, the assuming or guaranteeing institution meets the requirements of subsection (e)(2)(iii) of this section construed to include as a fixed charge the amounts of guaranteed dividends of the issue or the rental covering the guarantee of the dividends.

(g) The reserve investments of an insurer may include certificates, notes, or other obligations, adequately secured as to principal and interest, issued by trustees or receivers of an institution created or existing under the laws of the United States or a state, that, or the assets of which, are being administered under the direction of a court having jurisdiction.

(h) The reserve investments of an insurer may include equipment trust obligations or certificates that are adequately secured or other adequately secured instruments that evidence:

(1) an interest in transportation equipment located wholly or partly in the United States; and

(2) a right to receive determined parts of rental, purchase, or other fixed obligatory payments for the use or purchase of the transportation equipment.

(i) The reserve investments of an insurer may include bank and bankers’ acceptance and other bills of exchange of the kind and maturities made eligible by law for purchase in the open market by federal reserve banks.

(j) (1) This subsection does not apply to obligations eligible for investment under subsection (e) of this section.

(2) (i) The reserve investments of an insurer may include bonds or evidences of indebtedness that are secured by first mortgages or deeds of trust on unencumbered fee–simple or improved leasehold real property located in the United States.

(ii) For purposes of subparagraph (i) of this paragraph, real property is not considered encumbered because of:

1. the existence of instruments reserving mineral, oil, or timber rights, rights–of–way, sewer rights, or rights in walls;

2. liens for taxes or assessments not yet due;

3. building restrictions or other restrictive covenants; or

4. leases on the real property under which rents or profits are reserved to the owner if the security for the loan is a first lien on the real property and if there is no condition or right of reentry or forfeiture under which the lien may be cut off, subordinated, or otherwise disturbed.

(3) At the time of investment by the insurer, a mortgage loan made or acquired by an insurer on any one property may not exceed 80% of the value of the real property securing the loan.

(4) A mortgage loan may not be made or acquired by an insurer unless an appraisal is made by an appraiser for the purpose of the investment.

(5) A mortgage loan made or acquired by an insurer that is a participation or a part of a series of issue secured by the same mortgage or deed of trust is not a lawful investment under this subsection unless:

(i) the entire series or issue that is secured by the same mortgage or deed of trust is held by the insurer; or

(ii) the insurer holds a pari passu participation interest in the mortgage or deed of trust and has the rights of a first mortgagee.

(6) Except as otherwise provided in this section, an insurer may not invest in or loan on the security of any one property more than the greater of $25,000 or 2% of its total admitted assets.

(7) The total investments of an insurer in the kinds of investments allowed under this paragraph may not exceed 40% of its total admitted assets.

(k) The reserve investments of an insurer may include purchase–money mortgages or like securities received by the insurer on the sale or exchange of real property acquired under subsection (n) of this section.

(l) (1) The reserve investments of an insurer may include bonds, notes, or other evidences of indebtedness secured by mortgages or deeds of trust that are guaranteed or insured by an instrumentality of the United States under the National Housing Act, Servicemen’s Readjustment Act of 1944, or Bankhead–Jones Farm Tenant Act.

(2) The limitations of this section or any other law of the State that require security on a loan, prescribe the nature, amount, or form of security on a loan, or limit the interest rate on a loan do not apply to these insured or guaranteed mortgage loans.

(m) (1) Subject to paragraphs (2) and (3) of this subsection, the reserve investments of an insurer may include ground rents in any state.

(2) For unexpired redeemable ground rents, any premium paid must be amortized over the period between the date of acquisition and redemption date.

(3) For expired redeemable ground rents, any premium paid must be charged off when acquired.

(4) An insurer shall carry redeemable ground rents purchased at a discount at an amount not greater than the cost of acquisition.

(n) (1) Subject to paragraph (2) of this subsection, reserve investments of an insurer may include real estate for the accommodation of business only if the real estate:

(i) consists of the land and the building on the land in which the insurer has its principal office;

(ii) is necessary for the insurer’s convenient accommodation in transacting business;

(iii) is acquired to satisfy loans, mortgages, liens, judgments, decrees, or other debts previously owed to the insurer in the course of business;

(iv) is acquired as partial payment of the consideration for the sale of real property owned by the insurer if the transaction causes a net reduction in the investment of the insurer in real property; or

(v) is additional real property and equipment incident to real property that is necessary or convenient to enhance the market value of real property previously acquired or held by the insurer under item (iii) or (iv) of this paragraph.

(2) (i) Subject to subparagraph (ii) of this paragraph, the reserve investments of an insurer may include fee–simple or improved leasehold real estate, or interests in limited partnerships formed for the development or ownership of fee–simple or improved leasehold real estate, only if the investment:

1. is acquired as an investment for the production of income;

2. is acquired to be improved or developed as an investment for the production of income; and

3. does not include property to be used primarily for mining, recreational, amusement, hotel, or club purposes.

(ii) 1. The cost of each parcel of fee–simple or improved leasehold real estate or limited partnership interest acquired under this paragraph, including the cost to the insurer of improving or developing the real estate, may not exceed:

A. 1% of the admitted assets of the insurer; and

B. in combination with the value of all of the real estate acquired or held by the insurer, 10% of the admitted assets of the insurer.

2. Except as otherwise required by the Commissioner, each parcel of fee–simple or improved leasehold real estate held by an insurer directly or through a limited partnership under this paragraph shall be valued on the books of the insurer as of December 31 each year at an amount that includes the write–down cost of the property, exclusive of land cost, but inclusive of all improvements or development costs, at a rate that averages at least 2% per year of the cost of the property for each year or part of a year that the property is held.

3. The admitted value of each parcel of fee–simple or improved leasehold real estate held under this paragraph may not exceed the depreciated value of the property.

(3) Unless the Commissioner certifies that the interests of the insurer will suffer materially by a forced sale of the real property and the Commissioner extends the time for disposal of the real property in the certificate:

(i) real property acquired under paragraph (1)(i) and (ii) of this subsection must be disposed of within 5 years after the real property ceases to be necessary for the convenient accommodation of the insurer in transacting business; and

(ii) real property acquired under paragraph (1)(iii) and (iv) of this subsection must be disposed of within 5 years after the date of acquisition.

(4) An insurer may not acquire real property under paragraph (1)(i), (ii), or (iv) or (3) of this subsection except with the approval of the Commissioner.

(o) An insurer may invest in or otherwise acquire or loan on Canadian securities and investments that are substantially of the same kinds, classes, and investment grades as those eligible for investment under this subtitle.

(p) (1) Subject to paragraph (2) of this subsection, an insurer that is authorized to do business in a foreign country or possession of the United States or that has outstanding insurance contracts or reinsurance contracts on risks located in a foreign country or possession of the United States may invest in or otherwise acquire or loan on securities and investments in the foreign country or possession that are substantially of the same kinds, classes, and investment grades as those eligible for investment under this subtitle.

(2) The aggregate amount of the investments made under paragraph (1) of this subsection and of the currency of the foreign country or possession held by the insurer may not exceed one and one–half times the greater of:

(i) the amount of the reserves of the insurer and other obligations under any outstanding insurance contracts or reinsurance contracts in that country or possession; and

(ii) the amount that the insurer is required by law to invest in that country or possession.

(q) The reserve investments of an insurer may include stocks or debentures or both of a housing authority organized under the public housing law of the State, to the extent and on the conditions that the Commissioner authorizes, if all of the stock of the housing authority has been or will be originally issued to one or more insurers.

(r) The reserve investments of an insurer may include shares or deposits in a savings and loan association or building and loan association to the extent that the investment or account is insured by the Federal Deposit Insurance Corporation.

(s) (1) Subject to paragraph (2) of this subsection, the reserve investments of an insurer may include dividend–paying common stock of a corporation created or existing under the laws of the United States, Canada, a state, or a province of Canada.

(2) To the extent necessary to satisfy the reserve requirements of this subtitle, an insurer may not have more than:

(i) 10% of its total admitted assets in preferred stock under subsection (f) of this section;

(ii) 10% of its total admitted assets in common stock under this subsection; or

(iii) 5% of its total admitted assets in the stock of any one corporation.

(t) (1) The reserve investments of an insurer may include securities lending, repurchase, reverse repurchase, and dollar roll transactions with business entities, subject to the requirements of paragraphs (2) through (9) of this subsection.

(2) (i) The insurer’s board of directors shall adopt a written plan that specifies guidelines and objectives to be followed, such as:

1. a description of how cash received will be invested or used for general corporate purposes of the insurer;

2. operational procedures to manage interest rate risk, counterparty default risk, the conditions under which proceeds from reverse repurchase transactions may be used in the ordinary course of business, and the use of acceptable collateral in a manner that reflects the liquidity needs of the transaction; and

3. the extent to which the insurer may engage in these transactions.

(ii) The insurer shall file with the Commissioner the written plan including all changes and amendments to the written plan for use in the State on or before the date the plan becomes effective.

(3) (i) The insurer shall enter into a written agreement for all transactions authorized under this subsection other than dollar roll transactions.

(ii) The written agreement shall require that each transaction terminate no more than 1 year from its inception or on the earlier demand of the insurer.

(iii) The agreement shall be with the business entity counterparty, but for securities lending transactions, the agreement may be with an agent acting on behalf of the insurer, if the agent is a qualified business entity, and if the agreement:

1. requires the agent to enter into separate agreements with each counterparty that are consistent with the requirements of this section; and

2. prohibits securities lending transactions under the agreement with the agent or its affiliates.

(4) (i) Cash received in a transaction under this subsection shall be invested in accordance with this subtitle and in a manner that recognizes the liquidity needs of the transaction or used by the insurer for its general corporate purposes.

(ii) For so long as the transaction remains outstanding, the insurer, its agent, or its custodian shall maintain, as to acceptable collateral received in a transaction under this subsection, either physically or through the book entry systems of the Federal Reserve, Depository Trust Company, Participants Trust Company, or other securities depositories approved by the Commissioner:

1. possession of the acceptable collateral;

2. a perfected security interest in the acceptable collateral; or

3. in the case of a jurisdiction outside the United States, title to, or rights of a secured creditor to, the acceptable collateral.

(5) (i) The limitations of § 5–606(a) of this subtitle do not apply to the business entity counterparty exposure created by transactions under this subsection.

(ii) For purposes of calculations made to determine compliance with this subsection, no effect will be given to the insurer’s future obligation to resell securities, in the case of a repurchase transaction, or to repurchase securities, in the case of a reverse repurchase transaction.

(iii) An insurer may not enter into a transaction under this subsection if, as a result of and after giving effect to the transaction:

1. A. the aggregate amount of securities then loaned, sold to, or purchased from any one business entity counterparty under this subsection would exceed 5% of its admitted assets; and

B. in calculating the amount sold to or purchased from a business entity counterparty under repurchase or reverse repurchase transactions, effect may be given to netting provisions under a master written agreement; or

2. the aggregate amount of all securities then loaned, sold to, or purchased from all business entities under this subsection would exceed 40% of its admitted assets.

(6) (i) In a securities lending transaction, the insurer shall receive acceptable collateral having a market value as of the transaction date at least equal to 102% of the market value of the securities loaned by the insurer in the transaction as of that date.

(ii) If at any time the market value of the acceptable collateral is less than the market value of the loaned securities, the business entity counterparty shall be obligated to deliver additional acceptable collateral, the market value of which, together with the market value of all acceptable collateral then held in connection with the transaction, at least equals 102% of the market value of the loaned securities.

(7) (i) In a reverse repurchase transaction, other than a dollar roll transaction, the insurer shall receive acceptable collateral having a market value as of the transaction date at least equal to 95% of the market value of the securities transferred by the insurer in the transaction as of that date.

(ii) If at any time the market value of the acceptable collateral is less than 95% of the market value of the securities so transferred, the business entity counterparty shall be obligated to deliver additional acceptable collateral, the market value of which, together with the market value of all acceptable collateral then held in connection with the transaction, at least equals 95% of the market value of the transferred securities.

(8) In a dollar roll transaction, the insurer shall receive cash in an amount at least equal to the market value of the securities transferred by the insurer in the transaction as of the transaction date.

(9) (i) In a repurchase transaction, the insurer shall receive as acceptable collateral transferred securities having a market value at least equal to 102% of the purchase price paid by the insurer for the securities.

(ii) If at any time the market value of the acceptable collateral is less than 100% of the purchase price paid by the insurer, the business entity counterparty shall be obligated to provide additional acceptable collateral, the market value of which, together with the market value of all acceptable collateral then held in connection with the transaction, at least equals 102% of the purchase price.

(iii) Securities acquired by an insurer in a repurchase transaction may not be sold in a reverse repurchase transaction, loaned in a securities lending transaction, or otherwise pledged.

(10) The provisions of this subsection that apply to insurers also apply to health maintenance organizations.

(u) The reserve investments of an insurer may include any other investments not otherwise prohibited by this subtitle if:

(1) the aggregate amount of the investments made under this subsection does not exceed 4% of the amount of the admitted assets of the insurer at the end of the previous year; and

(2) the investment does not violate any limitations on allowed investments under this section.
Md. Code, Labor and Employment § 5-602 — MD Code / Article gle / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

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

(2) “Confined space” means a space that, by design:

(i) has limited openings for entry and exit; and

(ii) is subject to:

1. the accumulation of a combustible agent;

2. an accumulation of a toxic agent; or

3. a deficiency of oxygen.

(3) “Confined space” includes:

(i) a basin;

(ii) a bin;

(iii) a degreaser;

(iv) a duct;

(v) a pipeline;

(vi) a pit;

(vii) a sewer;

(viii) a silo;

(ix) a tank that is enclosed or has an open top;

(x) a tub;

(xi) a tunnel;

(xii) a vat;

(xiii) a process vessel; or

(xiv) a reaction vessel.

(4) “Maintenance work” means cleaning, inspection, maintenance, painting, repair, servicing, or other similar work.

(b) A person described in § 5–101(d)(2)(ii) or (iii) of this title may not allow or cause an individual described in § 5–101(c)(2)(iii) or (iv) of this title to do maintenance work in a confined space, unless the Commissioner:

(1) grants written authorization based on a satisfactory showing that work practices in effect will protect the health and safety of the individual; or

(2) in accordance with Subtitle 3 of this title, passes an order for a variance.

(c) (1) This subsection applies only to an employer who is a subcontractor.

(2) Each subcontractor who, under an original contract or subcontract, is to do maintenance work in a confined space shall give the Commissioner:

(i) at the commencement of the maintenance work, oral notice of the maintenance work to be performed; and

(ii) within 24 hours after the oral notice, written notice of the maintenance work.
Md. Code, Courts and Judicial Proceedings § 5-106 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

(a) Except as provided by this section, § 1–303 of the Environment Article, and § 8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall be instituted within 1 year after the offense was committed.

(b) Notwithstanding § 9–103(a)(3) of the Correctional Services Article or any other provision of the Code, if a statute provides that a misdemeanor is punishable by imprisonment in the penitentiary or that a person is subject to this subsection:

(1) The State may institute a prosecution for the misdemeanor at any time; and

(2) For purposes of the Maryland Constitution, the person:

(i) Shall be deemed to have committed a misdemeanor whose punishment is confinement in the penitentiary; and

(ii) May reserve a point or question for in banc review as provided under Article IV, § 22 of the Maryland Constitution.

(c) A prosecution under the vehicle code shall be instituted within 2 years after the offense was committed if the charge is:

(1) Unlawfully using a driver’s license; or

(2) Fraudulently using a false or fictitious name when applying for a driver’s license.

(d) A prosecution for Sabbath breaking or drunkenness shall be instituted within 30 days after the offense was committed.

(e) In Allegany County, a prosecution for selling alcoholic beverages to a person under the legal age for drinking such alcoholic beverages or for selling alcoholic beverages after hours shall be instituted within 30 days after the offense was committed.

(f) A prosecution for the commission of or the attempt to commit a misdemeanor constituting: (1) a criminal offense under the Maryland Public Ethics Law; or (2) criminal malfeasance, misfeasance, or nonfeasance in office committed by an officer of the State, or of an agency of the State, or of a political subdivision of the State, or of a bicounty or multicounty agency in the State shall be instituted within 2 years after the offense was committed.

(g) A prosecution for conspiracy to commit any of the offenses enumerated in subsection (f) of this section shall be instituted within 2 years after the offense was committed.

(h) A prosecution shall be instituted within 4 years after the offense was committed:

(1) For the commission of or for the attempt to commit a misdemeanor constituting a criminal offense under the State election laws; or

(2) To impose a civil fine for an offense arising under § 13–604, § 13–604.1, § 14–107, or § 14–110 of the Election Law Article.

(i) A petition by the State Ethics Commission to seek a civil fine under § 5–902(b) of the General Provisions Article may not be initiated unless the complaint is filed by the Commission within 3 years from the time the conduct ended.

(j) A prosecution for a welfare offense under §§ 8–501 through 8–504 of the Criminal Law Article shall be instituted within 3 years after the offense was committed.

(k) A prosecution for a misdemeanor offense under Title 8, Subtitle 5, Part II of the Criminal Law Article shall be instituted within 3 years after the offense was committed.

(l) A prosecution for an offense arising under the Tax – General Article with respect to the sales and use, admissions and amusement, financial institution franchise, income, or motor fuel tax shall be instituted within 3 years after the date on which the offense was committed.

(m) A prosecution for the offense of failure to secure workers’ compensation insurance in accordance with Title 9, Subtitle 4 of the Labor and Employment Article shall be instituted within 1 year after the State Workers’ Compensation Commission finds, by order, that the employer was uninsured or, pursuant to the authority contained in § 9–1003 of the Labor and Employment Article, within 1 year after the Uninsured Employers’ Fund makes payment under § 9–1003 of the Labor and Employment Article, as directed by the Commission.

(n) Except as provided in subsection (g) of this section, the statute of limitations for the prosecution of the crime of conspiracy is the statute of limitations for the prosecution of the substantive crime that is the subject of the conspiracy.

(o) A prosecution for an offense under Title 2, Subtitle 5 or § 2–209 of the Criminal Law Article or § 20–102 of the Transportation Article shall be instituted within 3 years after the offense was committed.

(p) A prosecution for an offense of discrimination on the basis of sex, sexual orientation, religious beliefs, gender identity, race, or disability in paying wages under §§ 3–301 through 3–308 of the Labor and Employment Article shall be instituted within 3 years after the performance of the act on which the prosecution is based.

(q) A prosecution for an offense under § 5–362, § 5–3A–45, or § 5–3B–32 of the Family Law Article as to unlawfully charging or receiving compensation in connection with adoption shall be instituted within 3 years after the offense was committed.

(r) A prosecution for an offense under § 14–601 of the Health Occupations Article of practicing, attempting to practice, or offering to practice medicine without a license shall be instituted within 3 years after the offense was committed.

(s) A prosecution for an offense under the Maryland Charitable Solicitations Act (Title 6 of the Business Regulation Article) shall be instituted within 3 years after the offense was committed.

(t) A prosecution for an offense under § 5–141 or § 5–144 of the Public Safety Article, relating to straw sales of regulated firearms to prohibited persons or minors and to illegal sales, rentals, transfers, possession, or receipt of regulated firearms, shall be instituted within 3 years after the offense was committed.

(u) A prosecution for a violation of the fish and fisheries provisions of Title 4 of the Natural Resources Article or the wildlife provisions of Title 10 of the Natural Resources Article shall be instituted within 2 years after commission of the offense.

(v) A prosecution under § 7–302 of the Criminal Law Article relating to computer crimes shall be instituted within 3 years after the offense was committed.

(w) A prosecution for an offense under § 3–605 of the Criminal Law Article relating to abuse or neglect of a vulnerable adult shall be instituted within 2 years after the offense was committed.

(x) A prosecution for a misdemeanor offense under Title 1A, Title 9, or Title 17 of the Health Occupations Article shall be instituted within 3 years after the offense was committed.

(y) A prosecution for a misdemeanor offense under the Insurance Article shall be instituted within 3 years after the offense was committed.

(z) A prosecution for a misdemeanor offense under § 3–308(c) or, if the victim was a minor at the time of the offense, § 3–308(b)(1) of the Criminal Law Article shall be instituted within 3 years after the offense was committed.

(aa) (1) This subsection applies in Anne Arundel County to an offense that:

(i) Occurs in the Chesapeake Bay Critical Area, as defined in § 8–1807 of the Natural Resources Article; and

(ii) Is a violation of a local law that relates to environmental protection or natural resource conservation, including a local law regulating:

1. Grading;

2. Sediment control;

3. Stormwater management;

4. Zoning;

5. Construction; or

6. Health and public safety.

(2) A prosecution for an offense described in paragraph (1) of this subsection shall be instituted within 3 years after the commission of the offense.

(bb) A prosecution for a misdemeanor offense under § 11–208 of the Criminal Law Article shall be instituted within 2 years after the offense was committed.

(cc) A prosecution for a misdemeanor offense under Title 8, Subtitle 7 or § 8–6B–23 of the Health Occupations Article shall be instituted within 3 years after the offense was committed.

(dd) The statute of limitations for the prosecution of an offense under § 4–204 of the Criminal Law Article relating to the use of a firearm in the commission of a crime of violence or felony is the same as the statute of limitations for the underlying crime.

(ee) (1) This subsection applies in Talbot County to an offense that:

(i) Occurs in the Chesapeake Bay Critical Area, as defined in § 8–1807 of the Natural Resources Article; and

(ii) Is a violation of a local law that relates to environmental protection or natural resource conservation, including a local law regulating:

1. Grading;

2. Sediment control;

3. Stormwater management;

4. Zoning;

5. Construction; or

6. Health and public safety.

(2) A criminal prosecution or a suit for a civil penalty for an offense described in paragraph (1) of this subsection shall be instituted within 3 years after the local authorities in fact knew or reasonably should have known of the violation.

(ff) The statute of limitations for the prosecution of the crime of solicitation to commit murder in the first degree in violation of § 2–201 of the Criminal Law Article, murder in the second degree in violation of § 2–204 of the Criminal Law Article, arson in the first degree in violation of § 6–102 of the Criminal Law Article, or arson in the second degree in violation of § 6–103 of the Criminal Law Article is 3 years.

(gg) A prosecution for an offense under § 3–104.2 of the Real Property Article shall be instituted within 3 years after the offense was committed.

(hh) The statute of limitations for the prosecution of the crime of sexual extortion in violation of § 3–709 of the Criminal Law Article is 5 years.

(ii) The statute of limitations for the prosecution of the crime of stalking in violation of § 3–802 of the Criminal Law Article is 10 years.

(jj) A prosecution for a violation of § 10–404(a) or (b) of the Criminal Law Article relating to the destruction of funerary objects and other elements of a cemetery shall be instituted within 3 years after the local authorities in fact knew or reasonably should have known of the violation.
Md. Code, Corporations and Associations § 5-110 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-110
§5–110.
Status: in_force

The following statement must appear in conspicuous type on each stock certificate issued by a professional corporation:

“The transfer of stock of a professional corporation is restricted by the Maryland Professional Service Corporation Act and is subject to further restriction imposed from time to time by the licensing unit. Stock of a professional corporation is also subject to a statutory compulsory repurchase obligation.”
Md. Code, Business Occupations and Professions § 5-521 — MD Code / Article gbo / Title 5 / Subtitle 5 / Section 5-521
§5–521.
Status: in_force

Each beauty salon permit holder shall display the beauty salon permit conspicuously in the beauty salon for which the permit is issued.
Md. Code, Economic Development § 5-466 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-466
§5–466.
Status: in_force

This subtitle may be referred to as the Maryland Industrial Development Financing Authority Act.
Md. Code, Natural Resources § 5-1206 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1206
§5–1206.
Status: in_force

Within ten years after July 1, 1971, the Secretary shall review every roadless area of 500 contiguous acres or more in the State–owned lands under his jurisdiction on July 1, 1971. Every area of State–owned roadless islands, State wildlife refuges, and public hunting areas under his jurisdiction on July 1, 1971, shall be reported to the Governor together with the Secretary’s recommendation as to the suitability or nonsuitability of each area or island for preservation as a wildland. The Governor shall advise the President of the Senate and Speaker of the House of Delegates of his recommendation with respect to the designation as wildland of each area or island on which review has been completed, and submit a map, and a definition of its boundaries. The advice shall be given with respect to not less than one third of the areas and islands to be reviewed under this subsection by July 1, 1974, not less than two thirds by July 1, 1978, and the remainder by July 1, 1981. A recommendation of the Governor for designation as wildland becomes effective only if provided by an act of the General Assembly. Nothing contained in this title may be construed, by implication or otherwise, to lessen the present statutory authority of the Secretary with respect to maintenance of roadless areas under his jurisdiction.
Md. Code, Election Law § 5-305 — MD Code / Article gel / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

(a) This section applies only to a petition that will affect the right of a candidate to have the candidate’s name appear on the ballot in a primary or general election.

(b) A registered voter who is a resident of the district or other geographic area in which a candidate is seeking office may file a petition with the circuit court for that district or geographic area to challenge the candidate’s residency as provided in § 5–202 of this title.

(c) The petition must be filed 15 days after the filing dates provided in § 5–303 of this subtitle and §§ 5–703(c) and 5–703.1(c) of this title for which the candidate filed a certificate of candidacy.

(d) (1) Judicial review of any petition that is filed under subsection (b) of this section shall be expedited by the circuit court that hears the cause to the extent necessary in consideration of the deadlines established by law, and in no case longer than 7 days from the date the petition is filed.

(2) A judicial proceeding under this section shall be conducted in accordance with the Maryland Rules, except that:

(i) the case shall be heard and decided without a jury and as expeditiously as the circumstances require; and

(ii) an appeal shall be taken directly to the Supreme Court of Maryland within 5 days after the date of the decision of the circuit court.

(3) The Supreme Court of Maryland shall give priority to hear and decide an appeal brought under paragraph (2)(ii) of this subsection as expeditiously as the circumstances require.
Md. Code, Economic Development § 5-420 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-420
§5–420.
Status: in_force

If the Authority dissolves, title to its property vests in the State.
Md. Code, Transportation § 5-208 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-208
§5–208.
Status: in_force

(a) (1) The Administration may perform any act, issue and amend any order, adopt and amend any general or special rule, regulation, or procedure, and establish any minimum standard consistent with this title and necessary:

(i) To perform its duties and carry out the provisions of this title;

(ii) To protect the general public safety, the safety of persons who operate, use, or travel in aircraft, the safety of persons who receive instructions in flying or ground subjects that relate to aeronautics, or the safety of persons and property on land or water; or

(iii) To develop and promote aeronautics in this State.

(2) The Administration may adopt rules and regulations by which a person engaging in aeronautics may be required to establish financial responsibility for any damage or injury that might be caused by the person.

(3) (i) The Administration shall adopt rules and regulations requiring the use of security identification badges in airports consistent with any airport security program regulations adopted under this section.

(ii) After notice and opportunity for a hearing as provided under § 5-210 of this subtitle, the Administration may order a civil penalty not exceeding $1,000 for the misuse of a security identification badge in violation of an airport security program adopted under subparagraph (i) of this paragraph.

(b) (1) A rule or regulation adopted by the Administration may not apply to any airport, airport facility, or air navigation facility that is owned or operated by the United States.

(2) A rule, regulation, order, or standard of the Administration may not be inconsistent with or contrary to federal law.

(c) Copies of all rules, regulations, and standards shall be filed in accordance with the Administrative Procedure Act and the State Documents Law and shall be made available to the public.
Md. Code, Human Services § 5-5B-07 — MD Code / Article ghu / Title 5 / Subtitle 5B / Section 5-5B-07
§5–5B–07.
Status: in_force

(a) The local department shall determine an eligibility period for a recipient based on the estimated duration of the impairment indicated in the medical form required under § 5–5B–05 of this subtitle.

(b) The eligibility period determined by the local department:

(1) may be less than the estimated recovery time indicated on the medical form; and

(2) may not exceed the estimated recovery time indicated on the medical form.

(c) If a local department determines that a recipient’s eligibility period is at least 3 months, but less than 12 months, the recipient shall be eligible for assistance for not more than 9 months in a 36–month period.

(d) (1) If the local department determines that a recipient is unlikely to recover in less than 12 months, the recipient shall be eligible for assistance for not more than 12 months if the recipient:

(i) pursues Supplemental Security Income; and

(ii) otherwise remains eligible for assistance under this subtitle.

(2) The local department may establish additional eligibility periods, each not exceeding 12 months, if the recipient:

(i) reapplies for assistance under this subtitle;

(ii) maintains eligibility; and

(iii) continues to pursue a Supplemental Security Income claim.

(3) The local department shall adjust the eligibility period for a recipient to be not more than 9 months in a 36–month period if the recipient:

(i) withdraws the recipient’s application for Supplemental Security Income; or

(ii) is denied the Supplemental Security Income claim.

(e) Unless a recipient reapplies for assistance and the local department establishes an additional eligibility period, a recipient’s eligibility for assistance under this subtitle will automatically end at the end of the eligibility period established by the local department.

(f) If a recipient is eligible for any portion of a month, the recipient shall be eligible for the entire month.
Md. Code, Financial Institutions § 5-401 — MD Code / Article gfi / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

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

(b) “Affiliate” means any association, corporation, business trust, statutory trust, or other similar organization that:

(1) Is not a bank service corporation and is controlled by a banking institution through:

(i) Direct or indirect ownership or control of more than 50 percent of the voting rights;

(ii) Control of the election of a majority of the management;

(iii) Direct or indirect ownership or control of more than 50 percent of the voting rights exercised at the last election of the management;

(iv) Directors of the banking institution constituting a majority of the management of the organization; or

(v) Any direct or indirect control by stockholders of the banking institution, if the stockholders own or control:

1. More than 50 percent of the voting rights in the banking institution; or

2. More than 50 percent of the voting rights exercised at the last election of directors of the banking institution; or

(2) Controls a banking institution through:

(i) Direct or indirect ownership or control of more than 50 percent of the voting rights;

(ii) Control of the election of a majority of the directors of the banking institution;

(iii) Direct or indirect ownership or control of more than 50 percent of the voting rights exercised at the last election of the directors; or

(iv) The holding of substantially all of the capital stock of the banking institution by trustees for stockholders of the organization.

(c) “Bank service corporation” means a corporation:

(1) At least some of the stock of which is owned by a banking institution; and

(2) That is organized to perform bank service corporation activities of the type permitted under applicable provisions of Title 12 of the United States Code to a bank service corporation owned exclusively by national banking associations.

(d) “Management” means the directors, trustees, or other persons exercising similar functions of an association, corporation, business trust, statutory trust, or other similar organization.
Md. Code, Insurance § 5-806 — MD Code / Article gin / Title 5 / Subtitle 8 / Section 5-806
§5–806.
Status: reserved

(a) Except as otherwise provided in subsections (b) through (e) of this section, the trust agreement shall provide in substance that an alien insurer may not make, and the trustee may not allow, withdrawals of trusteed assets without advance written authorization of the Commissioner.

(b) The trust agreement may provide that, on request of an alien insurer or the United States manager of the alien insurer, all or part of the income, earnings, dividends, or interest accumulations of the trusteed assets may be paid to that manager.

(c) The trust agreement may provide that trusteed assets may be withdrawn and, at the same time, assets of equivalent or greater value to those trusteed assets being withdrawn may be substituted if:

(1) the substituted assets are eligible for investment of the funds of domestic insurers under Subtitle 5 or 6 of this title;

(2) the United States manager of the alien insurer requests the withdrawal in writing in accordance with written authority previously given or delegated by the board of directors or other similar governing body of the alien insurer; and

(3) a copy of that authority has been filed with the trustee.

(d) The trust agreement may provide that:

(1) trusteed assets may be withdrawn to make a deposit that is required by law in a state in which the alien insurer is or becomes authorized to engage in the insurance business, for the protection of the alien insurer’s policyholders and creditors in that state or in the United States, to the extent that the withdrawal does not reduce the alien insurer’s deposit in this State to an amount less than the minimum deposit required under § 4-106(c) of this article; and

(2) if a withdrawal is authorized under item (1) of this subsection, the trustee shall transfer directly to the depository required to receive the deposit in the other state the assets withdrawn in the amount required to be deposited in the other state, as certified in writing by the insurance supervisory official of the other state.

(e) The trust agreement may provide that trusteed assets may be transferred to a liquidator, conservator, or rehabilitator under an order of a court of competent jurisdiction.

(f) The Commissioner may authorize withdrawal of only those trusteed assets that exceed the amount required by this subtitle.

(g) (1) If the Commissioner determines that an alien insurer is insolvent or that an alien insurer’s assets in the United States are less than required under § 4-106(c) of this article, the Commissioner in writing shall order the trustee to suspend the right of the alien insurer or any other person to withdraw the trusteed assets of the alien insurer.

(2) The trustee shall comply with the order until further order of the Commissioner.