Md. Code, Natural Resources § 5-9A-05 — MD Code / Article gnr / Title 5 / Subtitle 9A / Section 5-9A-05
§5–9A–05.
Status: reserved

(a) A sponsor may file an application to designate a Rural Legacy Area in accordance with a schedule established by the Board. A local government may not apply for or approve an application for a Rural Legacy Area designation inside another jurisdiction’s boundaries without that jurisdiction’s approval.

(b) (1) The application shall describe the proposed Rural Legacy Area, include a Rural Legacy Area Plan, identify existing protected lands, state the anticipated level of initial landowner participation in the Program and the amount of the grant requested, and comply with the criteria set forth below.

(2) To qualify for additional funds appropriated above the level appropriated in fiscal year 2000 as provided for in § 12-1007(d) of the Public Safety Article, an application shall include a certification that the local jurisdiction has not adopted any local amendments to the Maryland Building Rehabilitation Code.

(c) The Board shall evaluate and compare applications in accordance with the following criteria in order to select those that best carry forward the goals and objectives of the Program set forth in § 5-9A-01 of this subtitle:

(1) The significance of the agricultural, forestry, and natural resources proposed for protection, including:

(i) The degree to which proposed fee or easement purchases will protect the location, proximity, and size of contiguous blocks of lands, green belts or greenways, or agricultural, forestry, or natural resource corridors;

(ii) The nature, size, and importance of the land area to be protected, such as farmland, forests, wetlands, wildlife habitat and plant species, vegetative buffers, or bay or waterfront access; and

(iii) The quality and public or economic value of the land;

(2) The degree of threat to the resources and character of the area proposed for preservation, as reflected by patterns and trends of development and landscape modifications in and surrounding the proposed Rural Legacy Area;

(3) The significance and extent of the cultural resources proposed for protection through fee simple purchases, including the importance of historic sites and significant archaeological areas;

(4) The economic value of the resource-based industries or services proposed for protection through land conservation, such as agriculture, forestry, recreation, and tourism;

(5) The overall quality and completeness of the Rural Legacy Plan, including:

(i) The degree to which existing planning, zoning, and growth management policies contribute to land conservation and the protection of cultural resources;

(ii) The degree to which the proposed plan is consistent with the applicable local comprehensive plan, including protection of sensitive areas and mineral resources;

(iii) How well existing or new conservation programs are coordinated with the proposed acquisition plan;

(iv) How well the plan will maximize acquisition of real property interests in contiguous blocks of land within the Rural Legacy Area while providing for protection of isolated acquisitions important to the plan;

(v) Provisions for protection of resources, such as voluntarily granted or purchased easements, fee estate purchases, or gifts of lands;

(vi) How the sponsor plans to manage, prioritize, and sequence easement and land acquisitions;

(vii) Methodology for prioritizing and valuing or appraising easements;

(viii) Proposed titleholders for easement or fee estate acquisitions; and

(ix) The quality of the proposed stewardship program for holding and monitoring of easement restrictions in perpetuity;

(6) The strength and quality of partnerships created for land conservation among federal, State, and local governments and land trusts for implementing the plan, including:

(i) Financial support;

(ii) Dedication of staff and resources; and

(iii) Commitment to and development of local land conservation policies, such as changes in zoning and use of transferable development rights;

(7) The extent to which federal or other grant programs will serve as a funding match; and

(8) A sponsor’s ability to carry out the proposed Rural Legacy Plan and the goals and objectives of the Program.

(d) The Board:

(1) Shall review applications and may request additional information from a sponsor;

(2) Shall submit applications to appropriate State agencies and to the advisory committee established by this subtitle and consider any recommendations made regarding the applications; and

(3) May negotiate the terms of an application and proposed Rural Legacy Area and plan with a sponsor.

(e) (1) A sponsor shall assure adequate public participation in the development of an application and provide the Board with a summary of that participation.

(2) (i) If an application proposes a Rural Legacy Area be located within 1 mile of the boundary of a municipal corporation, the municipal corporation shall have 45 days to review and comment on the application before the application is submitted to the Board.

(ii) The sponsor shall submit to the Board with the completed application a summary of the comments from the municipal corporation.

(f) (1) A land trust shall consult with a local government prior to filing an application.

(2) The Board may not approve or amend an application without local government approval.

(g) The right of public access may not be required under a conservation easement.

(h) A land trust may not hold exclusive title to real property interests acquired under this subtitle.

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

(j) (1) With the approval of a landowner, funds under this Program may be used to purchase a development right as part of an easement or fee estate acquisition. A development right shall be held by the titleholder and the Board and may be sold only within the same jurisdiction pursuant to local law.

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

(3) The right to resell the development right shall be stated in the instrument of purchase.

(4) The Rural Legacy Board shall maintain records concerning:

(i) Real property from which transferable development rights are purchased; and

(ii) Real property to which rights are resold and transferred.

(5) The county shall provide to the Board information relating to the records required in paragraph (4) of this subsection.

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

(7) (i) The proceeds associated with the resale of transferable development rights shall be distributed only as described in this paragraph.

(ii) Fifty percent of the proceeds shall be used by the local government in which the development using transferable development rights is located to fund capital projects in the county or municipal corporation which is receiving transferable development rights. Funds shall be distributed to the municipal corporation if the receiving area is within the corporate limits of a municipal corporation.

(iii) Fifty percent of the proceeds shall be returned to the Rural Legacy Program for use in the county in which the proceeds were generated.

(iv) Proceeds may not be used for operating expenses.

(k) All easement acquisitions must be recorded among the land records where the real property is located.

(l) State or local condemnation authority may not be used to acquire real property interests under this Program.

(m) Funds may be used for the protection of historic sites or significant archeological areas that otherwise meet the goals of this Program only if the sponsor is acquiring real property interests through a fee simple purchase.

(n) A land or mineral owner who participates in this Program may reserve mineral rights for extraction in accordance with applicable law and the terms of the easement or fee acquisition.

(o) In its determination under subsection (c) of this section, the Rural Legacy Board may not make its determination solely on the basis of whether a county has adopted a transferable development rights program authorizing Rural Legacy Board purchases and sales of transferable development rights.

(p) (1) In this subsection, “ecosystem services” includes:

(i) Climate resilience;

(ii) Carbon sequestration;

(iii) The provision of wildlife habitat;

(iv) Contributions to forest health; and

(v) The protection or restoration of wetlands.

(2) An easement acquired under this subtitle may allow for the potential of economic return from the protection, management, maintenance, or improvement of ecosystem services provided by the property, so long as the Department determines:

(i) Those uses affirmatively increase the conservation attributes of the property beyond the requirements of the easement; and

(ii) Any credits created in accordance with this subsection are used only:

1. To mitigate offsite environmental damage in a priority funding area, as defined in § 5–7B–02 of the State Finance and Procurement Article; or

2. In a manner the Department determines to be consistent with the applicable local comprehensive plan and State and local objectives for land protection.
Md. Code, Courts and Judicial Proceedings § 5-415 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-415
§5–415.
Status: in_force

A transportation company or common carrier is not liable for damages for refusing to deliver a colony, as defined under § 5-501 of the Agriculture Article, not accompanied by the documents required under Title 5, Subtitle 5 of the Agriculture Article.
Md. Code, Transportation § 5-413.1 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-413.1
§5–413.
Status: in_force

§5–413.1.

(a) In this section, “donation box” means a clearly marked receptacle for the charitable donation of money by the public.

(b) The Executive Director shall work with House of Ruth Maryland to install secure donation boxes at the entrance to each security screening checkpoint at the Baltimore–Washington International Thurgood Marshall Airport.

(c) The money deposited in the donation boxes required under subsection (b) of this section shall be used only to support House of Ruth Maryland.
Md. Code, Local Government § 5-103 — MD Code / Article glg / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) In this section, “junkyard” means:

(1) a public or private dump;

(2) an automobile junkyard;

(3) an automotive dismantler or recycler facility;

(4) a scrap metal processing facility;

(5) an outdoor place where old motor vehicles are stored in quantity or dismantled; or

(6) a lot on which refuse, trash, or junk is deposited.

(b) An ordinance adopted under this section does not apply to a business licensed on or before June 30, 2004, as an automotive dismantler and recycler or a scrap processor under § 15–502 of the Transportation Article.

(c) By ordinance, the legislative body of a municipality may regulate the location and operation of junkyards in the municipality to:

(1) protect the residents of the municipality from unpleasant and unwholesome conditions and deteriorating neighborhoods;

(2) preserve the beauty and aesthetic value of rural or residential areas;

(3) safeguard the public health and welfare;

(4) promote good civic design; and

(5) promote the health, safety, morals, order, convenience, and prosperity of the community.

(d) The ordinance may:

(1) require that each person who operates or maintains a junkyard obtain an annual license; and

(2) provide for a reasonable fee for a license.

(e) (1) Before adopting an ordinance under subsection (c) of this section, the legislative body of the municipality shall hold a public hearing.

(2) An ordinance adopted in violation of this subsection is void.

(f) The legislative body of the municipality shall publish notice of the date, time, and place of the public hearing in a newspaper of general circulation in the municipality not less than four times, at weekly intervals, within a period of at least 30 days before the date of the hearing.

(g) (1) A person who violates an ordinance adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $25.

(2) Each day that a violation continues is a separate offense.

(h) The legislative body of the municipality may declare a violation of an ordinance adopted under this section to be a municipal infraction under Title 6, Subtitle 1 of this article.
Md. Code, Economic Development § 5-424 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-424
§5–424.
Status: in_force

The Fund shall be used:

(1) for the purposes described in Part VI and §§ 5–430, 5–431, and 5–438 of this subtitle; and

(2) to pay expenses of the Authority, including expenses:

(i) for administrative, legal, actuarial, and other services;

(ii) related to:

1. issuance or insurance of bonds and authorized purpose obligations; and

2. funding of reserves; and

(iii) of providing other financial assistance under this subtitle.
Md. Code, Environment § 5-1201 — MD Code / Article gen / Title 5 / Subtitle 12 / Section 5-1201
§5–1201.
Status: in_force

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

(b) “Commission” means the Herring Run Public Watershed Association Commission.

(c) (1) “Herring Run Watershed” means the land and water area from which all water drains, directly or indirectly, to and from the Herring Run.

(2) “Herring Run Watershed” includes Herring Run, West Herring Run, Chinquapin Run, Moores Run, and Armistead Creek.

(d) “Watershed” means the Herring Run Watershed.
Md. Code, Financial Institutions § 5-1106 — MD Code / Article gfi / Title 5 / Subtitle 11 / Section 5-1106
§5–1106.
Status: in_force

(a) Notwithstanding any other provisions of law to the contrary, the Commissioner may:

(1) Exercise any State regulatory approval that may be required to complete a plan of acquisition under this subtitle; and

(2) Waive any procedural requirements, including publication and hearing procedures, if the Commissioner determines that prompt approval of the application protects the best interests of the depositors and creditors of the savings and loan association to be acquired under this subtitle and is in the public interest.

(b) The Commissioner shall give notice in the Maryland Register of the final action that has been taken on an application filed under this subtitle.
Md. Code, Family Law § 5-360 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-360
§5–360.
Status: in_force

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

(b) Access to a dental or medical record under this section may not include access to any part of the record that has identifying information as to a former parent of the minor.
Md. Code, Commercial Law § 5-113 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-113
§5–113.
Status: in_force

(a) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name of the beneficiary without disclosing its status as a successor.

(b) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in its own name as the disclosed successor of the beneficiary. Except as otherwise provided in subsection (e) of this section, an issuer shall recognize a disclosed successor of a beneficiary as beneficiary in full substitution for its predecessor upon compliance with the requirements for recognition by the issuer of a transfer of drawing rights by operation of law under the standard practice referred to in § 5-108(e) of this title or, in the absence of such a practice, compliance with other reasonable procedures sufficient to protect the issuer.

(c) An issuer is not obliged to determine whether a purported successor is a successor of a beneficiary or whether the signature of a purported successor is genuine or authorized.

(d) Honor of a purported successor’s apparently complying presentation under subsection (a) or (b) of this section has the consequences specified in § 5-108(i) of this title even if the purported successor is not the successor of a beneficiary. Documents signed in the name of the beneficiary or of a disclosed successor by a person who is neither the beneficiary nor the successor of the beneficiary are forged documents for the purposes of § 5-109 of this title.

(e) An issuer whose rights of reimbursement are not covered by subsection (d) of this section or substantially similar law and any confirmer or nominated person may decline to recognize a presentation under subsection (b) of this section.

(f) A beneficiary whose name is changed after the issuance of a letter of credit has the same rights and obligations as a successor of a beneficiary under this section.
Md. Code, Family Law § 5-326 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-326
§5–326.
Status: in_force

(a) (1) A juvenile court shall hold:

(i) an initial guardianship review hearing as scheduled under § 5–324(b)(1)(vi) of this subtitle to establish a permanency plan for the child; and

(ii) at least once each year after the initial guardianship review hearing until the juvenile court’s jurisdiction terminates, a guardianship review hearing.

(2) At each guardianship review hearing, a juvenile court shall determine whether:

(i) the child’s current circumstances and placement are in the child’s best interests;

(ii) the permanency plan that is in effect is in the child’s best interests; and

(iii) reasonable efforts have been made to finalize the permanency plan that is in effect.

(3) (i) A juvenile court shall give at least 30 days’ notice before each guardianship review hearing for a child to:

1. the local department;

2. the child’s attorney; and

3. each of the child’s living parents who has not waived the right to notice and that parent’s attorney.

(ii) A parent is entitled to be heard and to participate at a guardianship review hearing.

(iii) A parent is not a party solely on the basis of the right to notice or opportunity to be heard or participate at a guardianship review hearing.

(4) (i) A local department shall give a child’s caregiver at least 7 days’ notice before a guardianship review hearing.

(ii) A caregiver is entitled to be heard at a guardianship review hearing.

(iii) A caregiver is not a party solely on the basis of the right to notice or opportunity to be heard at a guardianship review hearing.

(5) (i) At least 10 days before each guardianship review hearing, a local department shall:

1. investigate as needed to prepare a written report that summarizes the child’s circumstances and the progress that has been made in implementing the child’s permanency plan; and

2. send a copy of the report to:

A. the child’s attorney; and

B. each of the child’s living parents who has not waived the right to notice and that parent’s attorney.

(ii) Notice to a parent under this paragraph shall be sent to the parent’s last address known to the juvenile court.

(6) A child’s permanency plan may be, in order of priority:

(i) adoption of the child;

(ii) custody and guardianship of the child by an individual; or

(iii) for a child at least 16 years old, another planned permanent living arrangement that:

1. addresses the individualized needs of the child, including the child’s educational plan, emotional stability, physical placement, and socialization needs; and

2. includes goals that promote the continuity of relations with individuals who will fill a lasting and significant role in the child’s life.

(7) Every reasonable effort shall be made to implement a permanency plan within 1 year.

(8) At each guardianship review hearing for a child, a juvenile court shall:

(i) evaluate the child’s safety and act as needed to protect the child;

(ii) consider the written report of a local out–of–home placement review board required under § 5–545 of this title;

(iii) determine the extent of compliance with the permanency plan;

(iv) make a specific factual finding on whether reasonable efforts have been made to finalize the child’s permanency plan and document the finding;

(v) subject to subsection (b) of this section, change the child’s permanency plan if a change would be in the child’s best interests;

(vi) project a reasonable date by which the permanency plan will be finalized;

(vii) for a child at least 14 years old, determine the services needed to assist the child to make the transition from placement to successful adulthood;

(viii) enter any order that the juvenile court finds appropriate to implement the permanency plan; and

(ix) take all other action that the juvenile court considers to be in the child’s best interests, including any order allowed under § 5–324(b)(1)(ii) of this subtitle.

(9) A juvenile court may approve a permanency plan other than adoption of a child only if the juvenile court finds that, for a compelling reason, adoption is not in the child’s best interests.

(10) (i) At a guardianship review hearing held 1 year or more after a juvenile court enters an order for guardianship of a child, the juvenile court may designate an individual guardian of the child if:

1. the local department certifies the child’s successful placement with the individual under the supervision of the local department or its agent for at least 180 days or a shorter period allowed by the juvenile court on recommendation of the local department;

2. the local department files a report by a child placement agency, completed in accordance with department regulations, as to the suitability of the individual to be the child’s guardian; and

3. the juvenile court makes a specific finding that:

A. for a compelling reason, adoption is not in the child’s best interests; and

B. custody and guardianship by the individual is in the child’s best interests and is the least restrictive alternative available.

(ii) Designation of a guardian under this paragraph terminates the local department’s legal obligations and responsibilities to the child.

(iii) After designation of a guardian under this paragraph, a juvenile court may order any further review that the juvenile court finds to be in the child’s best interests.

(b) (1) Whenever a juvenile court orders a specific placement for a child, a local department may remove the child from the placement before a hearing only if:

(i) removal is needed to protect the child from serious immediate danger;

(ii) continuation of the placement is contrary to the child’s best interests; or

(iii) the child’s caregiver asks for the child’s immediate removal.

(2) (i) On the next day on which the circuit court sits after a local department changes a placement under this subsection, the juvenile court shall hold an emergency review hearing on the change.

(ii) A juvenile court shall give reasonable notice of an emergency review hearing to:

1. the child’s attorney;

2. each of the child’s living parents who has not waived the right to notice and that parent’s attorney; and

3. each other party’s attorney.

(iii) At an emergency review hearing, the standard of review as to a change shall be the standard for continued shelter care in a hearing under § 3-815 of the Courts Article.

(iv) Unless all of the parties agree to a juvenile court’s order entered at an emergency review hearing, the juvenile court shall hold a full review hearing on the change within 30 days after the date of removal or, if agreed to by the parties, a later date.

(c) (1) At least every 12 months at a hearing under this section, the court shall consult on the record with the child in an age–appropriate manner to obtain the child’s views on permanency.

(2) (i) If, after a hearing or with the agreement of all parties, the court determines that the child is medically fragile and that it is detrimental to the child’s physical or mental health to be transported to the courthouse, the court may, subject to subparagraph (ii) of this paragraph:

1. visit the child at the child’s placement and use appropriate technology to document the consultation for the record; or

2. use video conferencing to consult with the child on the record during the hearing.

(ii) If the court visits the child at the child’s placement under subparagraph (i)1 of this paragraph or uses video conferencing under subparagraph (i)2 of this paragraph, the court shall give each party notice and an opportunity to attend the visit or the video conferencing, unless the court determines that it is not in the best interest of the child for a party to attend the visit or the video conferencing.

(3) Subject to the provisions of paragraph (2)(ii) of this subsection, if the child’s placement is outside the State and, after a hearing or with the agreement of all parties, the court determines that it is not in the best interest of the child to be transported to the court, the court may use video conferencing to consult with the child on the record during the hearing.
Md. Code, Financial Institutions § 5-803 — MD Code / Article gfi / Title 5 / Subtitle 8 / Section 5-803
§5–803.
Status: in_force

(a) An officer, director, or employee of a bank, trust company, or savings bank may not willfully and knowingly make or cause to be made a false statement or false entry in its records or, with the intent to deceive a person authorized to examine the affairs of the bank, trust company, or savings bank, sign or exhibit false records.

(b) Any officer, director, or employee who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 10 years or both.
Md. Code, Corporations and Associations § 5-208 — MD Code / Article gca / Title 5 / Subtitle 2 / Section 5-208
§5–208.
Status: reserved

(a) Except as otherwise provided in this section, the dissolution or forfeiture of the charter of a nonstock corporation shall be effected as provided in Title 3 of this article. In dissolution or on forfeiture of the charter of the corporation, the directors have the powers and duties of directors of a stock corporation under this article.

(b) If a Maryland nonstock corporation dissolves or its charter is forfeited:

(1) Every liability and obligation of the corporation shall be paid and discharged or adequate provision for payment and discharge shall be made;

(2) Assets held by the corporation subject to legally valid requirements for their return, transfer, or conveyance on dissolution or forfeiture shall be disposed of in accordance with these requirements;

(3) Assets held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational, or similar purposes, but not held subject to legally valid requirements for their return, transfer, or conveyance by reason of dissolution or forfeiture, shall be transferred or conveyed under a plan of distribution, adopted in the manner and by the vote required for authorization of dissolution of the corporation, to one or more Maryland or foreign corporations or associations having a similar or analogous character or purpose, or associated or connected with the corporation;

(4) Other assets shall be distributed as provided in the charter or the bylaws to the extent that the charter or bylaws determine the distributive rights of members or any class or classes of members, or provide for distribution to others; and

(5) Any remaining assets may be distributed to any person, society, organization, or Maryland or foreign corporation specified in a plan of distribution, adopted in the manner and by the vote required for authorization of dissolution of the corporation.

(c) Unless the decree of a court of competent jurisdiction provides otherwise, the provisions of § 3–412 of this article relating to distributions in dissolution of stock corporations or §§ 3–517 and 3–518 of this article relating to distributions on forfeiture of the charters of stock corporations, as the case may be, apply to the distribution of assets to any member or other person entitled or otherwise designated to receive a distribution in liquidation of a nonstock corporation. For purposes of this section, the term “stockholders” in §§ 3–412, 3–517, and 3–518 of this article includes every person so entitled or designated to receive a distribution in liquidation.
Md. Code, State Finance and Procurement § 5A-313 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-313
§5A–313.
Status: in_force

(a) (1) The Board consists of 15 trustees.

(2) The Governor, the President of the Senate, and the Speaker of the House of Delegates are ex officio trustees.

(3) With the advice and consent of the Senate, the Governor shall appoint the other 12 trustees.

(b) (1) The Governor may delegate any or all of the Governor’s powers or duties as trustee to a member of the Executive Department of the State.

(2) The President of the Senate may delegate any or all of the President’s powers or duties as trustee to a member of the Senate.

(3) The Speaker of the House of Delegates may delegate any or all of the Speaker’s powers or duties as trustee to a member of the House of Delegates.

(c) (1) At least two of the trustees appointed by the Governor shall have:

(i) an advanced degree in archaeology or a closely related field; and

(ii) experience in archaeology.

(2) Of the trustees who qualify under paragraph (1) of this subsection:

(i) at least one shall have experience in submerged archaeology; and

(ii) at least one shall have experience in terrestrial archaeology.

(3) The Secretary shall advise the Governor on the appointment of trustees qualified under paragraph (1) of this subsection after consulting with the Advisory Committee on Archaeology established under § 5A-336 of this subtitle.

(d) (1) The term of an appointed trustee is 4 years.

(2) The terms of appointed trustees are staggered as required by the terms provided for trustees on October 1, 2005.

(3) If an appointed trustee fails to serve or to complete a term, the Governor shall appoint a successor for the rest of the term.

(e) To the extent practicable and consistent with the purposes of the Trust, trustees shall be chosen, whether by delegation or appointment, to achieve a broad geographic distribution of trustees throughout the State.
Md. Code, Business Occupations and Professions § 5-408 — MD Code / Article gbo / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

(a) Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 5-407 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The hearing notice to be given to the individual shall be served at least 5 days before the hearing.

(d) The individual may be represented at the hearing by counsel.

(e) (1) The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any proceeding under this section.

(2) A subpoena issued under this subsection shall be served by:

(i) certified mail; or

(ii) the sheriff of the county where the person to be served resides or has a principal place of business.

(f) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
Md. Code, Local Government § 5-216 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-216
§5–216.
Status: in_force

(a) A municipality may establish and maintain any park, garden, playground, or recreational facility that the municipality determines is for the benefit of the health and welfare of the municipality and its residents.

(b) (1) Subject to paragraph (2) of this subsection, a municipality may acquire by gift, grant, bequest, or devise and hold property absolutely or in trust for:

(i) parks or gardens;

(ii) the erection of statues, monuments, buildings, or structures; or

(iii) any public use.

(2) The municipality shall acquire, hold, or use property under this subsection on the terms and conditions required by the grantor or donor and accepted by the municipality.

(3) The municipality shall provide for the administration of any property accepted by the municipality under this subsection.

(4) Subject to the terms and conditions of the original grant, the municipality may convey any property accepted by the municipality under this subsection if the municipality determines that the property is no longer needed for public purposes.

(c) A municipality may establish, maintain, and support a municipal band or musical organization.
Md. Code, Public Safety § 5-129 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-129
§5–129.
Status: in_force

(a) Notwithstanding § 5-128(b) of this subtitle, a person may purchase more than one regulated firearm in a 30-day period if:

(1) the person applies for and the Secretary approves a multiple purchase; and

(2) (i) the purchase of the regulated firearms is for a private collection or a collector series;

(ii) the purchase of the regulated firearms is a bulk purchase from an estate sale;

(iii) 1. the purchase of not more than two regulated firearms is a multiple purchase to take advantage of a licensee’s discounted price available only for a multiple purchase; and

2. the purchaser is prohibited from purchasing a regulated firearm during the following 30-day period unless approved under item (i) or (ii) of this item; or

(iv) the purchase is for other purposes similar to items (i) through (iii) of this item.

(b) (1) The application for a multiple purchase shall:

(i) list the regulated firearms to be purchased;

(ii) state the purpose of the purchase of more than one regulated firearm in a 30-day period;

(iii) be witnessed by a licensee or designated law enforcement agency; and

(iv) be signed under the penalty of perjury by the firearm applicant.

(2) The application for a multiple purchase of regulated firearms shall be attached to a completed firearm application and forwarded to the Secretary by a licensee or designated law enforcement agency.

(c) On receipt of the firearm application and the application for a multiple purchase, the Secretary shall conduct a background investigation as required in § 5-121 of this subtitle.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Md. Code, Natural Resources § 5-1102 — MD Code / Article gnr / Title 5 / Subtitle 11 / Section 5-1102
§5–1102.
Status: in_force

(a) It is the intent of the General Assembly that nothing in this subtitle may be construed to:

(1) Require a landowner to allow the general public access to the landowner’s land; or

(2) Prohibit a landowner from limiting or posting the landowner’s land against entry.

(b) The purpose of this subtitle is to encourage any owner of land to make land, water, and airspace above the land and water areas available to the public for any recreational and educational purpose, or on a limited entry basis for any recreational hunting purpose, by limiting the owner’s liability toward any person who enters on land, water, and airspace above the land and water areas for these purposes.

(c) This subtitle does not:

(1) Create a duty of care or ground of liability for injury to persons or property; or

(2) Relieve any person using the land of another for any recreational or educational purpose from:

(i) Any obligation which a person might have in the absence of this subtitle to exercise care in using the land and in a person’s activities on the land; or

(ii) The legal consequences of a person’s failure to employ care.
Md. Code, Corporations and Associations § 5-402 — MD Code / Article gca / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

A private foundation may not:

(1) Engage in any act of “self-dealing”, as defined in § 4941(d) of the Internal Revenue Code, which would cause any tax liability under § 4941(a) of the Internal Revenue Code;

(2) Retain any “excess business holdings”, as defined in § 4943(c) of the Internal Revenue Code, which would cause any tax liability under § 4943 (a) of the Internal Revenue Code;

(3) Make any investment which would jeopardize the carrying out of any of its exempt purposes under § 4944 of the Internal Revenue Code and cause any tax liability under § 4944(a) of the Internal Revenue Code; or

(4) Make any “taxable expenditures”, as defined in § 4945(d) of the Internal Revenue Code, which would cause any tax liability under § 4945(a) of the Internal Revenue Code.
Md. Code, Public Safety § 5-603 — MD Code / Article gps / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

(a) (1) When a petition is filed with a District Court commissioner under § 5–602(b)(2) of this subtitle, the commissioner may enter an interim extreme risk protective order to prohibit the respondent from possessing a firearm if the commissioner finds that there are reasonable grounds to believe that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm.

(2) In determining whether to enter an interim extreme risk protective order under this section, the commissioner shall consider:

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

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

(3) The interim extreme risk protective order shall:

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

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

(4) If, based on the petition, the commissioner finds probable cause to believe that the respondent meets the requirements for emergency evaluation under Title 10, Subtitle 6 of the Health – General Article, the commissioner shall refer the respondent to law enforcement for a determination of whether the respondent should be taken for an emergency evaluation.

(b) (1) (i) An interim extreme risk protective order shall state the date, time, and location for a temporary extreme risk protective order hearing and a tentative date, time, and location for a final extreme risk protective order hearing.

(ii) Except as provided in subsection (e) of this section, or unless the judge continues the hearing for good cause, a temporary extreme risk protective order hearing shall be held on the first or second day on which a District Court judge is sitting after issuance of the interim extreme risk protective order.

(2) An interim extreme risk protective order shall include in at least 10 point bold type:

(i) notice to the respondent that:

1. the respondent must give the court written notice of each change of address;

2. if the respondent fails to appear at the temporary extreme risk protective order hearing or any later hearing, the respondent may be served with any orders or notices in the case by first–class mail at the respondent’s last known address;

3. the date, time, and location of the final extreme risk protective order hearing is tentative only and subject to change;

4. if the respondent does not attend the temporary extreme risk protective order hearing, the respondent may call the Office of the District Court Clerk at the number provided in the order to find out the actual date, time, and location of any final extreme risk protective order hearing; and

5. if the respondent fails to appear at the final extreme risk protective order hearing, a final extreme risk protective order may be entered in the respondent’s absence and served on the respondent by first–class mail;

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

(iii) a statement specifying the contents and duration of a temporary extreme risk protective order;

(iv) notice to the petitioner and respondent that, at the hearing, a judge may issue a temporary extreme risk protective order prohibiting the respondent from possessing a firearm or may deny the petition, whether or not the respondent is in court;

(v) notice of:

1. the requirements for surrendering firearms and ammunition in the respondent’s possession to law enforcement authorities; and

2. the process for reclaiming firearms and ammunition on the expiration or termination of the order;

(vi) a warning to the respondent that violation of an interim extreme risk protective order is a crime and that a law enforcement officer will arrest the respondent, with or without a warrant, and take the respondent into custody if the officer has probable cause to believe that the respondent has violated a provision of the interim extreme risk protective order; and

(vii) the phone number of the Office of the District Court Clerk.

(c) Whenever a commissioner issues an interim extreme risk protective order, the commissioner shall:

(1) immediately forward a copy of the petition and interim extreme risk protective order to the appropriate law enforcement agency for service on the respondent; and

(2) before the hearing scheduled for the temporary extreme risk protective order, transfer the case file to the clerk of court.

(d) A law enforcement officer shall:

(1) immediately on receipt of an interim extreme risk protective order, serve it on the respondent named in the order;

(2) make a return of service to the clerk of court; and

(3) within 2 hours after service of the order on the respondent, electronically notify the Department of Public Safety and Correctional Services of the service using an electronic system approved and provided by the Department of Public Safety and Correctional Services.

(e) (1) Except as provided in paragraph (2) of this subsection, an interim extreme risk protective order shall be effective until the earlier of:

(i) the temporary extreme risk protective order hearing under § 5–604 of this subtitle; or

(ii) the end of the second business day the Office of the District Court Clerk is open following the issuance of the interim extreme risk protective order.

(2) If the court is closed on the day on which the interim extreme risk protective order is due to expire, the interim extreme risk protective order shall be effective until the next day on which the court is open, at which time the court shall hold a temporary extreme risk protective order hearing.
Md. Code, Financial Institutions § 5-1107 — MD Code / Article gfi / Title 5 / Subtitle 11 / Section 5-1107
§5–1107.
Status: in_force

Upon and after the acquisition of each savings and loan association or commercial bank successor to a savings and loan association to be acquired under this subtitle, the out-of-state bank holding company and the acquired institution shall, unless otherwise determined in writing by the Fund Director to be in the best financial interest of the Fund:

(1) Defend, indemnify, and hold harmless the State of Maryland, its agencies, instrumentalities, officials, agents, and employees from all claims of:

(i) Holders of savings accounts in that savings and loan association arising out of insurance of their accounts by the Maryland Savings-Share Insurance Corporation or the State of Maryland Deposit Insurance Fund Corporation; and

(ii) Parties to loan agreements, loan commitments, lines of credit, or letters of credit of that savings and loan association arising solely out of the failure of the commercial bank to honor within a reasonable period of time after its acquisition by the out-of-state bank holding company the terms of a legally binding written commitment entered into by that savings and loan association;

(2) Relinquish any right to and release the State of Maryland Deposit Insurance Fund Corporation from any obligation to return any part of the capital deposit required for membership in the Fund; and

(3) Provide for repayment of any indebtedness incurred by an acquired savings and loan association to the former Maryland Savings-Share Insurance Corporation or the State of Maryland Deposit Insurance Fund Corporation.
Md. Code, Estates and Trusts § 5-205 — MD Code / Article get / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) The petition shall also contain a request for either of the acts provided in this section.

(b) (1) The petition shall request the grant of letters to the petitioner, if:

(i) The petition is filed by all of the persons named as executors in the will of a testate decedent; or

(ii) The persons in classes higher in the order of priority set forth in § 5–104 of this title of those entitled to administer the estate of an intestate decedent join in the petition or consent in writing to the grant.

(2) The joinder or consent of a person who has renounced the right to administer is not necessary.

(c) The petition shall request an order requiring persons named as executors or entitled to administration to appear and qualify for appropriate letters.
Md. Code, Transportation § 5-201.1 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-201.1
§5–201.
Status: in_force

§5–201.1.

(a) (1) Notwithstanding any other provision of law, the Commission shall determine the qualifications and appointment, as well as compensation and leave, for up to 12 management personnel positions required by the Administration to operate and administer all State-owned airports.

(2) (i) In making determinations and appointments under this subsection, the Commission shall consider the comparative status of employees serving in similar positions and discharging similar duties at comparable airports or aeronautical agencies.

(ii) In selecting comparable airports or agencies, the Commission shall consider operational and traffic data, market area characteristics, airport or agency competitiveness, and any other factors the Commission considers appropriate.

(3) Except for general salary increases approved by the General Assembly, the Commission shall submit to the Secretary of Budget and Management at least 10 days prior to the effective date of any management personnel position salary increase notice of the proposed adjustment.

(4) The Secretary of Budget and Management shall:

(i) Review the proposed adjustment; and

(ii) Within 10 days of receipt of the proposed adjustment, advise the Commission whether the adjustment poses an adverse impact on special fund expenditures.

(5) Failure of the Secretary of Budget and Management to advise the Commission in a timely manner shall be deemed a determination that the proposed adjustment poses no adverse impact.

(6) Employees appointed under this subsection are State employees and shall be entitled to participate in the retirement and pension systems for employees of the State of Maryland authorized under Division II of the State Personnel and Pensions Article.

(b) Actions of the Commission which, in the judgment of the Chairman, have an impact upon the Transportation Trust Fund are subject to the approval of the Chairman.

(c) The Chairman of the Commission shall:

(1) Based on the advice of the Commission and subject to the approval of the Governor, appoint the Executive Director of the Administration in accordance with § 5–501 of the General Provisions Article; and

(2) Approve the Administration’s budget before its submission for the Governor’s approval and inclusion in the proposed budget submitted to the General Assembly.

(d) The Chairman of the Commission with the advice of the Commission may remove the Executive Director of the Administration.
Md. Code, Public Safety § 5-127 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-127
§5–127.
Status: in_force

Any subsequent judicial review shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.
Md. Code, Corporations and Associations § 5-616 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-616
§5–616.
Status: in_force

(a) (1) An annual meeting of the members of a cooperative shall be held at the time and place provided in the bylaws.

(2) An annual meeting may be held:

(i) In person;

(ii) Virtually; or

(iii) With a combination of in–person and virtual attendance.

(b) A special meeting of the members of a cooperative may be:

(1) Called by:

(i) The chairman;

(ii) A majority of the board of directors; or

(iii) Not less than 10% of the members; and

(2) Held:

(i) In person;

(ii) Virtually; or

(iii) With a combination of in–person and virtual attendance.

(c) The members of the cooperative, by a majority vote, shall determine in the cooperative’s bylaws how meetings may be held.
Md. Code, Local Government § 5-302 — MD Code / Article glg / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) (1) The governing body of a municipality that provides residential street service may make an agreement with a private community that qualifies under paragraph (2) of this subsection concerning:

(i) the provision of residential street service to the private community by the municipality; or

(ii) instead of providing residential street service, the reimbursement to the private community of an amount not to exceed the cost that the municipality would incur to provide residential street service.

(2) The governing body of a municipality may make an agreement under this section with a private community that:

(i) lies wholly or partly in the municipality; and

(ii) has at least one–quarter mile of roadway.

(b) An agreement entered into under this section may require the private community to:

(1) pay any insurance rider that the municipality requires to enable vehicles owned or contracted by the municipality to operate on a roadway in the private community; and

(2) regarding a roadway in the private community that is to be used to provide residential street service:

(i) allow the roadway to be dedicated to public use; and

(ii) unless maintenance of the roadway is provided by the municipality, maintain the roadway at a level of service satisfactory to the municipality.
Md. Code, General Provisions § 5-715 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-715
§5–715.
Status: in_force

(a) In this section, “candidate”, “contribution”, and “political committee” have the meanings stated in § 1–101 of the Election Law Article.

(b) (1) This section applies only to a regulated lobbyist described in § 5–702(a)(1), (2), (3), or (4) of this subtitle.

(2) This section does not apply to a regulated lobbyist who is a candidate with respect to the regulated lobbyist’s own campaign.

(c) The restrictions in this section apply from the starting date of the regulated lobbyist’s registration to the end of the calendar year in which the registration period ends.

(d) (1) For the benefit of the Governor, Lieutenant Governor, Attorney General, or Comptroller, or a member of the General Assembly, or a candidate for election to the office of Governor, Lieutenant Governor, Attorney General, Comptroller, or member of the General Assembly, a regulated lobbyist who is subject to this section or a person acting on behalf of the regulated lobbyist may not:

(i) solicit or transmit a political contribution from any person, including a political committee;

(ii) serve on a fund–raising committee or a political committee;

(iii) act as a treasurer for a candidate or an official or as treasurer or chair of a political committee;

(iv) organize or establish a political committee for the purpose of soliciting or transmitting contributions from any person; or

(v) forward tickets for fund–raising activities, or other solicitations for political contributions, to a potential contributor.

(2) This section does not prohibit a regulated lobbyist from:

(i) making a personal political contribution;

(ii) informing any entity of a position taken by a candidate or an official; or

(iii) engaging in other activities not specifically prohibited under paragraph (1) of this subsection.
Md. Code, General Provisions § 5-101 — MD Code / Article ggp / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(1) the context clearly requires a different meaning; or

(2) a different definition is adopted for a particular provision.

(b) “Advisory body” means:

(1) a governmental unit designated by the Supreme Court of Maryland to give advice with respect to the application or interpretation of Subtitles 5 and 6 of this title to a State official of the Judicial Branch;

(2) the Joint Ethics Committee, for questions arising under Subtitle 5 of this title regarding a State official of the Legislative Branch; or

(3) the Ethics Commission, for all other questions.

(c) “Bicounty commission” means:

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

(2) the Washington Suburban Sanitary Commission; or

(3) the Washington Suburban Transit Commission.

(d) “Board” means an executive unit composed of at least two members, all of whom are appointed and serve on a part–time basis.

(e) “Business entity” means a person engaged in business, whether profit or nonprofit, regardless of form.

(f) “Compensation” means money or any other valuable thing, regardless of form, received or to be received by a person from an employer for services rendered.

(g) (1) “Employee” means an individual who is employed:

(i) by an executive unit;

(ii) by the Legislative Branch; or

(iii) in the Judicial Branch.

(2) “Employee” does not include:

(i) a public official; or

(ii) a State official.

(h) “Employer” means an entity that pays or agrees to pay compensation to another entity for services rendered.

(i) “Entity” means:

(1) a person; or

(2) a government or instrumentality of government.

(j) “Entity doing business with the State” means:

(1) a regulated lobbyist;

(2) an entity regulated by the executive unit of the applicable official or employee; or

(3) an entity that is a party to one or a combination of sales, purchases, leases, or contracts to, from, or with the State, or any unit of the State, involving consideration:

(i) of at least $5,000 on a cumulative basis during the calendar year for which a statement required by Subtitle 6 of this title is filed, regardless of when the consideration is to be paid; and

(ii) which shall include, as of the award or execution of a contract or lease, the total consideration committed to be paid under the contract or lease, to the extent ascertainable when awarded or executed, regardless of the period over which payments are to be made.

(k) “Ethics Commission” means the State Ethics Commission.

(l) “Executive action” means an act:

(1) for which the Executive Branch of State government is responsible; and

(2) that is taken by an official or employee of the Executive Branch.

(m) (1) “Executive unit” means a department, agency, commission, board, council, or other body of State government that:

(i) is established by law; and

(ii) is not in the Legislative Branch or the Judicial Branch of State government.

(2) “Executive unit” includes:

(i) a county health department unless the officials and employees of the department are expressly designated as local officials in § 5–801 of this title;

(ii) the office of the sheriff in each county; and

(iii) the office of the State’s Attorney in each county.

(n) “Financial interest” means:

(1) ownership of an interest as the result of which the owner has received within the past 3 years, is currently receiving, or in the future is entitled to receive, more than $1,000 per year; or

(2) (i) ownership of more than 3% of a business entity by:

1. an official;

2. an employee; or

3. the spouse of an official or employee; or

(ii) ownership of securities of any kind that represent, or are convertible into, ownership of more than 3% of a business entity by:

1. an official;

2. an employee; or

3. the spouse of an official or employee.

(o) “General Assembly” includes a member, committee, or subcommittee of the General Assembly.

(p) (1) “Gift” means the transfer of anything of economic value, regardless of form, without adequate and lawful consideration.

(2) “Gift” does not include the solicitation, acceptance, receipt, or regulation of a political contribution that is regulated in accordance with:

(i) the Election Law Article; or

(ii) any other State law regulating:

1. the conduct of elections; or

2. the receipt of political contributions.

(q) “Governmental unit” means a department, an agency, a commission, a board, a council, or any other body of State government that is established by law.

(r) (1) “Honorarium” means the payment of money or anything of value for:

(i) speaking to, participating in, or attending a meeting or other function; or

(ii) writing an article that has been or is intended to be published.

(2) “Honorarium” does not include payment for writing a book that has been or is intended to be published.

(s) “Immediate family” means an individual’s spouse and dependent children.

(t) (1) “Interest” means a legal or equitable economic interest that is owned or held wholly or partly, jointly or severally, or directly or indirectly, whether or not the economic interest is subject to an encumbrance or condition.

(2) “Interest” does not include:

(i) an interest held in the capacity of agent, custodian, fiduciary, personal representative, or trustee, unless the holder has an equitable interest in the subject matter;

(ii) an interest in a time or demand deposit in a financial institution;

(iii) an interest in an insurance policy, endowment policy, or annuity contract under which an insurer promises to pay a fixed amount of money in a lump sum or periodically for life or a specified period;

(iv) a common trust fund or a trust that forms part of a pension or a profit–sharing plan that:

1. has more than 25 participants; and

2. is determined by the Internal Revenue Service to be a qualified trust under the Internal Revenue Code or a qualified tuition plan established pursuant to Section 529 of the Internal Revenue Code;

(v) a mutual fund or exchange–traded fund that is publicly traded on a national scale unless the mutual fund or exchange–traded fund is composed primarily of holdings of stocks and interests in a specific sector or area that is regulated by the individual’s governmental unit; or

(vi) for § 5–501.1 of this title, any residence of the Governor from which no income was derived in the immediately preceding year.

(u) “Joint Ethics Committee” means the Joint Committee on Legislative Ethics.

(v) (1) “Legislative action” means an official action or nonaction relating to:

(i) a bill, a resolution, an amendment, a nomination, an appointment, a report, or any other matter within the jurisdiction of the General Assembly;

(ii) a bill presented to the Governor for signature or veto; or

(iii) testimony or other advocacy in an official capacity as a member of the General Assembly before a unit of State or local government.

(2) “Legislative action” includes:

(i) introduction;

(ii) sponsorship;

(iii) consideration;

(iv) debate;

(v) amendment;

(vi) passage;

(vii) defeat;

(viii) approval; and

(ix) veto.

(w) “Legislative unit” means:

(1) the General Assembly;

(2) either house of the General Assembly;

(3) a standing committee of the General Assembly, provided that the presiding officer of the House of Delegates and the presiding officer of the Senate shall be deemed an ex officio member of any standing committee of the presiding officer’s chamber; or

(4) a county or regional delegation of members of the General Assembly that is recognized by a presiding officer of the General Assembly.

(x) “Lobbying” means performing any act that requires registration under § 5–702 of this title.

(y) “Local official”, subject to § 5–801 of this title, means an official, officer, or employee of a county or municipal corporation that the governing body of the county or municipal corporation determines is subject to Subtitle 8, Part II of this title.

(z) “Member of household” means:

(1) if sharing an individual’s legal residence, the individual’s:

(i) spouse;

(ii) child;

(iii) ward;

(iv) financially dependent parent; or

(v) other financially dependent relative; or

(2) an individual’s spouse, child, ward, parent, or other relative, over whose financial affairs the individual has legal or actual control.

(aa) “Municipal corporation” means a municipality governed by Article XI–E of the Maryland Constitution.

(bb) “Official” means either a State official or a public official.

(cc) “Political contribution” means a contribution as defined in § 1–101 of the Election Law Article.

(dd) “Principal political party” means the State Democratic Party or the State Republican Party.

(ee) “Procurement contract” has the meaning stated in § 11–101 of the State Finance and Procurement Article.

(ff) “Public official” means an individual determined to be a public official under § 5–103 of this subtitle.

(gg) “Qualifying relative” means a spouse, parent, child, brother, or sister.

(gg–1) “Quasi–governmental entity” means an entity that is created by State statute, that performs a public function, and that is supported in whole or in part by the State but is managed privately.

(hh) “Regulated lobbyist” means an entity that is required to register with the Ethics Commission under § 5–702(a) of this title.

(ii) “Respondent” means any of the following that is the subject of a complaint before the Ethics Commission:

(1) an official;

(2) an employee;

(3) a candidate for office as a State official;

(4) an entity subject to Subtitle 7 of this title; or

(5) an entity subject to § 5–512 of this title.

(jj) “School board” means a county board of education and includes the Baltimore City Board of School Commissioners.

(kk) “School system” means the educational system under the authority of a school board.

(ll) “State official” means:

(1) a constitutional officer or officer–elect in an executive unit;

(2) a member or member–elect of the General Assembly;

(3) a judge or judge–elect of a court under Article IV, § 1 of the Maryland Constitution;

(4) a judicial appointee as defined in Maryland Rule 18–200.3;

(5) a State’s Attorney;

(6) a clerk of the circuit court;

(7) a register of wills; or

(8) a sheriff.

(mm) “Superintendent” means a county superintendent as defined in § 1–101 of the Education Article.
Md. Code, Family Law § 5-7A-07 — MD Code / Article gfl / Title 5 / Subtitle 7A / Section 5-7A-07
§5–7A–07.
Status: in_force

(a) The members and staff of the Council:

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

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

(b) In addition to any other penalties provided by law, the Secretary of Human Services may impose on any person who violates subsection (a) of this section a civil penalty not exceeding $500 for each violation.
Md. Code, Financial Institutions § 5-206.1 — MD Code / Article gfi / Title 5 / Subtitle 2 / Section 5-206.1
§5–206.
Status: in_force

§5–206.1.

(a) Within 30 days of receipt, a national banking association located in the State, a banking institution, or an other-state bank that maintains a branch in this State shall submit to the Commissioner a copy of the public portion of its most recent Community Reinvestment Act performance evaluation prepared by the federal regulatory agency that examines the association, institution, or bank, together with a copy of any written response to the evaluation prepared by the association, institution, or bank for its public Community Reinvestment Act file.

(b) (1) Upon request, the Commissioner shall make available to the public a copy of the documents submitted under this section.

(2) The Commissioner may charge a reasonable fee to a person requesting a copy to help defray the costs of providing copies of the documents to the public.
Md. Code, Natural Resources § 5-208 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-208
§5–208.
Status: in_force

(a) The Department may condemn land, earth, gravel, stone, timber, material, or any improvements in the name of the State when action is necessary to carry out the purpose of any legislative act or advance the aims of forestry, parks, or recreation, and the work of the Department. The Department may pay any cost and expense incurred out of any surplus money standing to the credit of the Forest Reserve or Park Reserve Funds, not otherwise appropriated. This section does not apply to land located within Baltimore City.

(b) After a complaint for condemnation has been filed in accordance with Maryland Rule 12-205, and upon payment into the court of an amount equal to the higher of two appraisals, the court, at the request of the Department, may, following a prompt hearing, issue an injunction prohibiting any physical change or improvement to the property which would adversely affect the public purpose for which the Department is seeking to condemn the property. However, if the complaint for condemnation and payment into the court is accompanied or followed by an affidavit or affidavits from the Department alleging a reasonable belief that the property owner intends to cause imminent and irreparable physical change to the property, the court may issue an ex parte injunction prohibiting any physical change or improvement to the property until a prompt hearing can be held, after which hearing the terms of the ex parte injunction may be continued or modified as justice may require until the condemnation proceedings are concluded. The court may, as a part of the hearing, release all or part of the funds to prevent economic injury to the landowner.

(c) If the Department abandons the condemnation suit, the court may award the defendants compensation for any economic injury that they may have incurred due to the injunction prohibiting any change or improvement to the property.
Md. Code, Environment § 5-5B-01 — MD Code / Article gen / Title 5 / Subtitle 5B / Section 5-5B-01
§5–5B–01.
Status: in_force

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

(b) “Expanded water appropriation permit” means a revised permit granting a significant increase in the withdrawal of water authorized under the existing water appropriation permit.

(c) “Public water system” has the meaning stated in § 9–401 of this article and is a water system located in the State.

(d) “Water conservation” means the use of practices, techniques, and technologies that:

(1) Reduce the consumption, loss, or waste of water;

(2) Improve efficiency in the use of water; or

(3) Make more efficient use of water treatment infrastructure.
Md. Code, Economic Development § 5-346 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-346
§5–346.
Status: in_force

(a) Except as provided in this part, the Department may set the terms and conditions for child care special loans.

(b) The term of a child care special loan may not exceed 10 years.

(c) (1) The minimum amount of a child care special loan is $1,000.

(2) The maximum amount of a child care special loan is $10,000.
Md. Code, Health - General § 5-506 — MD Code / Article ghg / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

(a) A health officer may take control of a body that is being kept in a room where an individual lives and that is in a condition that endangers an individual in the house where the body is kept if:

(1) At least 3 individuals living near the house or a physician asks the health officer, in writing, to order final disposition of the body;

(2) The health officer issues an order for final disposition, within a time period stated in the order; and

(3) Final disposition of the body is not made within that time.

(b) A person may not obstruct the carrying out of an order of a health officer under this section.
Md. Code, Insurance § 5-306 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

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

(2) “Change in fund basis” means a valuation basis under which the interest rate used to determine the minimum valuation standard applicable to each change in a fund held under an annuity or under a guaranteed interest contract is the calendar year statutory valuation interest rate for the year of the change in the fund.

(3) “Guarantee duration” means:

(i) for life insurance, the maximum number of years the life insurance can remain in force on a basis guaranteed in the policy or under options to convert to plans of life insurance with premium rates, nonforfeiture values, or both, that are guaranteed in the original policy; and

(ii) for an annuity or for a guaranteed interest contract:

1. if the annuity or the guaranteed interest contract has a cash settlement option, the number of years for which the contract guarantees interest rates in excess of the calendar year statutory valuation interest rate for life insurance policies with guarantee duration in excess of 20 years; and

2. if the annuity or the guaranteed interest contract does not have a cash settlement option, the number of years from the date of issue or date of purchase to the date annuity benefits are scheduled to commence.

(4) “Issue year basis” means a valuation basis under which the interest rate used to determine the minimum valuation standard for the entire duration of the annuity or of the guaranteed interest contract is the calendar year statutory valuation interest rate for the year of issue or year of purchase of the annuity or guaranteed interest contract.

(b) This section applies to:

(1) all life insurance policies issued on or after the operative date of § 16–309 of this article;

(2) all individual annuity contracts and pure endowment contracts issued on or after January 1, 1983;

(3) all annuities and pure endowments purchased on or after January 1, 1983, under group annuity contracts or pure endowment contracts; and

(4) the net increase, on or after January 1, 1983, in amounts held under guaranteed interest contracts.

(c) Instead of the interest rates specified in §§ 5–304 and 5–305 of this subtitle, the interest rates used to determine the minimum standard for the valuation of a policy, contract, annuity, or pure endowment, or net increase described in subsection (b) of this section shall be:

(1) for a life insurance policy or an individual annuity contract or pure endowment contract, the calendar year statutory valuation interest rate as determined under this section for the calendar year in which the policy or contract was issued;

(2) for an annuity or pure endowment purchased under a group annuity contract or pure endowment contract, the calendar year statutory valuation interest rate as determined under this section for the calendar year in which the annuity or pure endowment was purchased; or

(3) for a net increase in an amount held under a guaranteed interest contract, the calendar year statutory valuation interest rate as determined under this section for the calendar year in which the net increase occurred.

(d) (1) For purposes of the formulas under paragraph (2) of this subsection:

(i) “I” is the calendar year statutory valuation interest rate;

(ii) “R1” is the lesser of R and .09;

(iii) “R2” is the greater of R and .09;

(iv) “R” is the reference interest rate determined under subsection (f) of this section; and

(v) “W” is the weighting factor determined under subsection (e) of this section.

(2) (i) Except as provided in paragraph (3) of this subsection, the calendar year statutory valuation interest rates shall be determined as provided in this paragraph, rounding the results to the nearest 1/4 percent.

(ii) The calendar year statutory valuation interest rate for life insurance is:

I = .03 + W(R1 – .03) + W/2(R2 – .09).

(iii) The calendar year statutory valuation interest rate for a single premium immediate annuity or for an annuity benefit involving a life contingency arising from another annuity or guaranteed interest contract that has a cash settlement option is:

I = .03 + W(R – .03).

(iv) Except as provided in subparagraph (iii) of this paragraph, for an annuity or guaranteed interest contract that has a cash settlement option and is valued on an issue year basis:

1. the formula for life insurance under subparagraph (ii) of this paragraph applies if the annuity or guaranteed interest contract has a guarantee duration greater than 10 years; and

2. the formula for single premium annuities under subparagraph (iii) of this paragraph applies if the annuity or guaranteed interest contract has a guarantee duration of 10 years or less.

(v) The formula for single premium annuities under subparagraph (iii) of this paragraph applies to any other annuity or guaranteed interest contract that does not have a cash settlement option.

(vi) The formula for single premium annuities under subparagraph (iii) of this paragraph applies to any other annuity or guaranteed interest contract that has a cash settlement option and is valued on a change in fund basis.

(3) (i) If the calendar year statutory valuation interest rate for a life insurance policy issued in any calendar year determined without reference to this paragraph differs from the corresponding actual rate for a similar policy issued in the immediately preceding calendar year by less than 0.5%, the calendar year statutory valuation interest rate for that life insurance policy shall equal the corresponding actual rate for the immediately preceding calendar year.

(ii) For purposes of this paragraph, the calendar year statutory valuation interest rate for a life insurance policy issued in a calendar year shall be:

1. determined for 1980 using the reference interest rate determined for 1979; and

2. determined for each calendar year since 1980 regardless of when § 16–309 of this article became operative.

(e) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Plan Type A” means a plan type under which:

1. at any time the policyholder may withdraw funds only:

A. with an adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer;

B. without the adjustment required by item A of this item but in installments over 5 years or more; or

C. as an immediate life annuity; or

2. no withdrawal is allowed at any time.

(iii) “Plan Type B” means a plan type under which:

1. before the expiration of the interest rate guarantee:

A. the policyholder may withdraw funds only with an adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer;

B. the policyholder may withdraw funds without the adjustment required by item A of this item but in installments over 5 years or more; or

C. no withdrawal of funds is allowed; and

2. at the end of the interest rate guarantee, the policyholder may withdraw funds without the adjustment required by item 1A of this subparagraph in a single sum or installments over less than 5 years.

(iv) “Plan Type C” means a plan type under which a policyholder may withdraw funds before the expiration of the interest rate guarantee in a single sum or in installments over less than 5 years:

1. without adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer; or

2. subject only to a fixed surrender charge stipulated in the contract as a percentage of the fund.

(2) For the purposes of this subsection, an insurer:

(i) may elect to value annuities or guaranteed interest contracts that have cash settlement options on an issue year basis or a change in fund basis; and

(ii) shall value annuities or guaranteed interest contracts that do not have cash settlement options on an issue year basis.

(3) The weighting factor in the formulas under subsection (d) of this section shall be determined as provided in this subsection.

(4) The weighting factor for life insurance is determined based on the guarantee duration of the life insurance as follows:

Guarantee Duration Weighting

(Years) Factor

10 or less .50

More than 10, but not more than 20 .45

More than 20 .35

(5) The weighting factor for a single premium immediate annuity or for an annuity benefit involving a life contingency arising from another annuity or guaranteed interest contract that has a cash settlement option is .80.

(6) Except as provided in paragraphs (5) and (8) of this subsection, the weighting factor for an annuity or guaranteed interest contract valued on an issue year basis is determined based on the guarantee duration of the annuity or contract as follows:

Guarantee Weighing Factor

Duration For Plan Type

(Years) A B C

5 or less .80 .60 .50

More than 5, but not more than 10: .75 .60 .50

More than 10 but not more than 20: .65 .50 .45

More than 20: .45 .35 .35

(7) Except as provided in paragraphs (5) and (8) of this subsection, the weighting factor for an annuity or guaranteed interest contract valued on a change in fund basis is the weighting factor as determined under paragraph (6) of this subsection, increased by:

(i) for Plan Type A, .15;

(ii) for Plan Type B, .25; and

(iii) for Plan Type C, .05.

(8) The weighting factor as determined under paragraph (6) or (7) of this subsection shall be increased by .05 for:

(i) an annuity or guaranteed interest contract that is valued on an issue year basis, has a cash settlement option, and does not guarantee interest rates on amounts received more than 12 months after issue or purchase; or

(ii) an annuity or guaranteed interest contract that is valued on a change in fund basis and does not guarantee interest rates on amounts received more than 12 months beyond the valuation date.

(f) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Moody’s corporate bond yield average” means Moody’s corporate bond yield average – monthly average corporates, as published by Moody’s Investors Service, Inc.

(iii) “12–month Moody’s corporate bond yield average” means the average of Moody’s corporate bond yield average over the 12–month period that ends:

1. for life insurance, on June 30 of the calendar year immediately preceding the year of issue;

2. for an annuity or guaranteed interest contract other than one described in item 3 of this subparagraph, on June 30 of the calendar year of issue or purchase; and

3. for an annuity or guaranteed interest contract that has a cash settlement option, is valued on a change in fund basis, is not a single premium immediate annuity, and is not an annuity benefit involving a life contingency arising from another annuity or guaranteed interest contract that has a cash settlement option, on June 30 of the calendar year of the change in the fund.

(iv) “36–month Moody’s corporate bond yield average” means the average of Moody’s corporate bond yield average over the 36–month period that ends:

1. for life insurance, on June 30 of the calendar year immediately preceding the year of issue; and

2. for an annuity or a guaranteed interest contract, on June 30 of the calendar year of issue or purchase.

(2) The reference interest rate in the formulas under subsection (d) of this section shall be determined as provided in this subsection.

(3) For life insurance, the reference interest rate is the lesser of:

(i) the 36–month Moody’s corporate bond yield average; or

(ii) the 12–month Moody’s corporate bond yield average.

(4) For a single premium immediate annuity or for an annuity benefit involving a life contingency arising from another annuity or guaranteed interest contract that has a cash settlement option, the reference interest rate is the 12–month Moody’s corporate bond yield average.

(5) Except as provided in paragraph (4) of this subsection, for an annuity or guaranteed interest contract that has a cash settlement option, is valued on an issue year basis, and has a guarantee duration greater than 10 years, the reference interest rate is the lesser of:

(i) the 36–month Moody’s corporate bond yield average; or

(ii) the 12–month Moody’s corporate bond yield average.

(6) Except as provided in paragraph (4) of this subsection, the reference interest rate is the 12–month Moody’s corporate bond yield average for any other annuity or guaranteed interest contract that:

(i) has a cash settlement option, is valued on an issue year basis, and has a guarantee duration of 10 years or less;

(ii) does not have a cash settlement option; or

(iii) has a cash settlement option and is valued on a change in fund basis.

(7) If Moody’s corporate bond yield average is no longer published by Moody’s Investors Service, Inc. or if NAIC determines that Moody’s corporate bond yield average is no longer appropriate to determine the reference interest rate, the Commissioner shall approve by regulation an alternative method adopted by NAIC to determine the reference interest rate.
Md. Code, Insurance § 5-803 — MD Code / Article gin / Title 5 / Subtitle 8 / Section 5-803
§5–803.
Status: in_force

(a) An alien insurer may use Maryland as a state of entry to transact insurance business in the United States if the alien insurer makes and maintains in Maryland a deposit of assets in trust with a solvent bank or trust company approved by the Commissioner.

(b) The deposit of trusteed assets shall be held for the benefit, security, and protection of the policyholders and creditors of the alien insurer in the United States.

(c) The deposit of trusteed assets, together with other trust deposits of the alien insurer held in the United States for the same purpose, may not be less than the deposits required of an alien insurer under § 4-106(c) of this article.

(d) The deposit of trusteed assets shall consist of cash, securities of the same character and diversification as those eligible for investment of the funds of domestic insurers under Subtitle 5 or 6 of this title, or both cash and securities.

(e) The deposit of trusteed assets shall be maintained as long as any liability of the alien insurer arising out of the transaction of its insurance business in the United States is outstanding.
Md. Code, Corporations and Associations § 5-6B-07 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-07
§5–6B–07.
Status: reserved

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

(2) “Annual income” means the total income, from all sources, of a designated household, for the income tax year immediately preceding the year in which the notice is given under § 5-6B-05 of this subtitle, whether or not included in the definition of gross income for federal or State tax purposes. For purposes of this section, the inclusions and exclusions from annual income are the same as those listed in § 9-104(a)(8) of the Tax - Property Article for “gross income” as that term is defined for the property tax credits for homeowners by reason of income and age, reduced by unreimbursed medical expenses if the tenant provides reasonable evidence of the unreimbursed medical expenses or consents in writing to authorize disclosure of relevant information regarding medical expense reimbursement at the time of applying for an extended lease.

(3) “Designated household” means a household which includes a senior citizen or a handicapped citizen, provided that the senior citizen or the handicapped citizen has been a member of the household for a period of at least 12 months immediately preceding the giving of the notice required by § 5-6B-05 of this subtitle.

(4) “Handicapped citizen” means a person with a measurable limitation of mobility due to congenital defect, disease, or trauma.

(5) “Household” means only those persons domiciled in the unit at the time the notice required by § 5-6B-05 of this subtitle is given.

(6) “Senior citizen” means a person who is at least 62 years old on the date that the notice required by § 5-6B-05 of this subtitle is given.

(b) A developer may not sell a cooperative interest with respect to a unit in a residential rental facility occupied by a member of a designated household entitled to receive the notice required by § 5-6B-05 of this subtitle without offering to the tenant of the unit a lease extension for a period of at least 3 years from the giving of the notice required by § 5-6B-05 of this subtitle, if the household meets the following criteria:

(1) Had an annual income which did not exceed the income eligibility figure applicable for the county or standard metropolitan statistical area in which the residential rental facility is located, as provided under subsection (n) of this section;

(2) Is current in its rent payment and has not violated any other material terms of the lease;

(3) Has provided the developer within 60 days after the giving of the notice required by § 5-6B-05 of this subtitle with an affidavit under penalty of perjury, with a statement:

(i) Asserting that the household is applying for an extended lease under this section;

(ii) Setting forth the household’s annual income for the calendar year preceding the giving of the notice required by § 5-6B-05 of this subtitle, together with reasonable supporting documentation of the household income and, where applicable, of unreimbursed medical expenses or a written authorization for disclosure of relevant information regarding medical expense reimbursement by doctors, hospitals, clinics, insurance companies, or similar persons, entities, or organizations that provide medical treatment coverage to the household; and

(iii) Setting forth facts showing that a member of the household is either a handicapped citizen or a senior citizen who, in either event, has been a member of the household for at least the 12 months immediately preceding the giving of the notice required by § 5-6B-05 of this subtitle; and

(4) Has executed an extended lease and returned it to the developer within 60 days after the giving of the notice required by § 5-6B-05 of this subtitle.

(c) The developer shall deliver to each tenant entitled to receive the notice required by § 5-6B-05 of this subtitle, simultaneously with the notice:

(1) An application on which may be included all of the information required by paragraph (3) of subsection (b) of this section;

(2) A lease containing the terms required by this section and clearly indicating that the lease will be effective, but only if:

(i) The tenant executes and returns the lease not later than 60 days after the giving of the notice required by § 5-6B-05 of this subtitle; and

(ii) The household is allocated one of the units required to be made available to qualified households based on its ranking under subsection (k) of this section and the number of tenants executing and returning leases;

(3) A copy of the public offering statement; and

(4) A notice setting forth the rights and obligations of the tenant under this section. Delivery of a notice in the form specified in § 5-6B-05(f) of this subtitle meets the requirements of this subsection.

(d) Within 75 days after giving the notice required by § 5-6B-05 of this subtitle, the developer shall notify each household which submits to the developer the documentation required by subsection (b)(3) of this section:

(1) Whether the household meets the criteria of subsection (b) of this section, and, if not, an explanation of which criteria have not been met; and

(2) Whether the extended lease has become effective.

(e) Within 75 days after the giving of the notice required by § 5-6B-05 of this subtitle, the developer shall provide to any county, incorporated municipality, or housing agency that has a right to purchase units in the residential rental facility under § 5-6B-09 of this subtitle:

(1) A notice indicating the number of units in the cooperative housing corporation being made available to qualified households under subsection (k)(1) of this section;

(2) A list of all households meeting the criteria of subsection (b) of this section, indicating the ranking of each in relation to that number;

(3) A list of all households returning the affidavit required by subsection (b) of this section that do not meet all the criteria of subsection (b) of this section and copies of the notifications sent to these households under subsection (d) of this section; and

(4) A list of all households as to whom a lease has become effective.

(f) (1) The extended lease shall provide for a term commencing on acceptance and terminating not less than 3 years from the giving of the notice required by § 5-6B-05 of this subtitle.

(2) Annually, on the commencement date of the extended lease, the rental fee for the unit may be increased. The increase shall not exceed an amount determined by multiplying the annual rent for the preceding year by the percentage increase for the rent component of the U.S. Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI - W) (1967 = 100), as published by the U.S. Department of Labor, for the most recent 12-month period.

(3) Except as this section otherwise permits or requires, the extended lease shall contain the same terms and conditions as the lease in effect on the day preceding the giving of the notice required by § 5-6B-05 of this subtitle.

(g) A designated household which exercises its rights under this section may not be denied an opportunity to purchase a cooperative interest at a later date, if one is available.

(h) (1) Except as provided in paragraph (2) of this subsection, a designated household which executes an extended lease under this section which is later accepted may not terminate its extended lease under § 5-6B-05 of this subtitle.

(2) A designated household may terminate its extended lease at any time, with notice to the developer or any subsequent titleholder as follows:

(i) At least a 1-month prior notice in writing shall be given when less than 12 months remain on the lease; and

(ii) At least a 3-months’ prior notice in writing shall be given when 12 months or more remain on the lease.

(3) A lease executed under this section shall set forth the provisions for terminating contained in this subsection.

(i) (1) The cooperative interests with respect to units subject to the provisions of this section may be transferred to a person who is not a member of the designated household, provided that:

(i) The provisions of this section continue to apply despite any transfer of a cooperative interest with respect to a unit occupied by a designated household as provided in this section;

(ii) The designated household is provided written notice of the change of ownership of the cooperative interest by the new owner of such interest; and

(iii) The seller of the cooperative interest provides the purchaser written disclosure that the unit is occupied by a designated household subject to the provisions of this section at the time of or prior to the execution of a contract.

(2) Notwithstanding any provisions in the articles of incorporation, bylaws, or proprietary lease that limit, prohibit, or restrict occupancy by persons other than the owner of the cooperative interest with respect to the unit, the designated household may occupy the unit under the extended lease provided for in this section.

(j) The extended tenancy provided for in this section shall cease upon the occurrence of one of the following:

(1) 90 days after the death of the last surviving senior citizen or handicapped citizen residing in the unit or 90 days after the last senior citizen or handicapped citizen has moved from the unit;

(2) Eviction for failure to pay rent due in a timely fashion or violation of any other material term of the lease; or

(3) Voluntary termination of the lease by the designated household under subsection (h) of this section.

(k) (1) A developer shall set aside a percentage of the total number of units within a cooperative project for designated households. A developer is not required to grant extended leases covering more than 20 percent of the units within a cooperative project to designated households.

(2) If the number of units occupied by designated households that meet the criteria of subsection (b) of this section exceeds 20 percent of the total number of units, then the number of available units for tenancy under the provisions of this section shall be allocated as determined by the local governing body. If the local governing body fails to provide for allocation, units shall be allocated by the developer based on seniority by continuous length of residence.

(l) (1) If a conversion involves substantial rehabilitation or reconstruction of such a nature that the work involved does not permit the continued occupancy of a unit because of danger to the health and safety of the tenants, any designated household executing an extended lease under the provisions of this section shall be required to vacate the unit not earlier than the expiration of the 180-day period and to relocate at the expense of the developer in a comparable unit in the residential rental facility to permit the work to be performed.

(2) If there is no comparable unit available, then the designated household shall be required to vacate the residential rental facility. When the work is completed, the developer shall notify the household of its completion. The household shall have 30 days after the date of that notice to return to the original or a comparable rental unit. The term of the extended lease of that household shall begin upon the return to the rental unit.

(3) The developer shall give 180 days’ notice prior to the date that units must be vacated. The notice shall explain the household’s rights under this subsection and subsection (m) of this section.

(m) (1) The developer shall pay households that qualify as to income under subsection (b)(1) of this section $375 when the household vacates the unit and for moving expenses in excess of $375 up to $750 which are actually and reasonably incurred. The household shall make a written request for reimbursement accompanied by reasonable evidence of the costs incurred within 30 days after moving. The developer shall reimburse the household within 30 days following receipt of the request.

(2) If a household does not qualify as to income under subsection (b)(1) of this section, the developer shall reimburse moving expenses, up to $750, actually and reasonably incurred to the designated households eligible under this subsection. The designated household shall make a written request for reimbursement accompanied by reasonable evidence of the costs incurred within 30 days after moving. The developer shall reimburse the designated household within 30 days following receipt of the request.

(3) The developer shall also pay compensation equivalent to 3 months rent within 15 days of moving to the designated household eligible under this subsection.

(4) The following designated households which meet the applicable criteria of subsection (b) of this section are eligible under this subsection:

(i) A designated household which does not execute an extended lease;

(ii) A designated household which is precluded from having an extended tenancy by the limitations of subsection (k) of this section; or

(iii) A designated household which is required to vacate the rental unit under subsection (l)(2) of this section.

(5) A developer shall also reimburse moving expenses, up to $750, actually and reasonably incurred, to a designated household that returns to the rental unit under subsection (l)(2) of this section. The designated household shall make a written request for reimbursement accompanied by reasonable evidence of the costs incurred within 30 days following the designated household’s return. The developer shall reimburse the designated household within 30 days following receipt of the request.

(n) (1) The Secretary of State shall prepare an income eligibility figure for each county and standard metropolitan statistical area of the State, which shall reasonably approximate 80 percent of the median income for each county and standard metropolitan statistical area.

(2) (i) A county or incorporated municipality which is in a standard metropolitan statistical area may by ordinance or resolution adopt the income eligibility figure applicable to the county or standard metropolitan statistical area.

(ii) If the county or incorporated municipality does not adopt an income eligibility figure, the county figure shall control.
Md. Code, Family Law § 5-531 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-531
§5–531.
Status: in_force

(a) A local department may pay reasonable funeral expenses, not exceeding $650, for a child who was receiving foster care under this subtitle, if:

(1) no individual who was legally responsible for the support of the child is able to pay; and

(2) other resources, including insurance benefits or the child’s estate, are insufficient.

(b) The cost of funeral expenses shall be charged to State funds.
Md. Code, Transportation § 5-806 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-806
§5–806.
Status: in_force

(a) (1) As to each noise abatement plan the Executive Director approves, the airport operator shall:

(i) Begin to carry out the plan within 6 months of its approval; and

(ii) Except as provided in paragraph (2) of this subsection, fully carry out the plan within 18 months of its approval.

(2) The Executive Director may grant a delay of up to 2 years to carry out the plan fully if the Executive Director finds that, despite the good faith efforts of the operator, the operator cannot comply with the schedule required by this subsection.

(b) After notice and a public hearing, the Executive Director shall certify and publish, as a noise zone for purposes of Parts III and IV of this subtitle, any noise zone that results from an approved assessment or an approved plan.

(c) On application by the airport operator or an affected political subdivision, the Executive Director shall consider any adjustment to an approved plan or noise zone that is needed to reflect potential operational changes, changes in adjoining land uses, or other factors. Adjustments may be made only by recertification of the noise zone by the Executive Director, after notice and a public hearing.

(d) Before any hearing under this section, the Executive Director shall give the chief executive officer and zoning board of any affected political subdivision an opportunity to comment. After certification of a noise zone, the Administration shall notify them of the certified noise zone.

(e) The Executive Director may adopt rules and regulations for monitoring compliance with approved plans.
Md. Code, Family Law § 5-2A-01 — MD Code / Article gfl / Title 5 / Subtitle 2A / Section 5-2A-01
§5–2A–01.
Status: in_force

(a) A minor who is 17 years old may file a petition in the minor’s own name for authorization to marry in the circuit court for the county in which the minor resides.

(b) A petition for authorization to marry shall contain the following:

(1) the petitioner’s full name, gender, date of birth, and address, including the length of time the petitioner has resided at the address;

(2) the intended spouse’s full name, gender, date of birth, and address, including the length of time the intended spouse has resided at the address;

(3) a statement explaining how the parties met and how long they have known each other;

(4) a copy of any criminal records concerning either party and a copy of any peace order or protective order issued against either party;

(5) evidence that the minor is mature and capable of self–sufficiency and self–support independent of the minor’s parents, guardian, legal custodian, or intended spouse; and

(6) the name and last known address of each living parent, guardian, or legal custodian of the petitioner.
Md. Code, Economic Development § 5-2603 — MD Code / Article gec / Title 5 / Subtitle 26 / Section 5-2603
§5–2603.
Status: in_force

(a) The Commission consists of the following members:

(1) the Secretary, or the Secretary’s designee;

(2) a member of the Senate, appointed by the President of the Senate, who shall serve as an ex officio nonvoting member;

(3) a member of the House of Delegates, appointed by the Speaker of the House, who shall serve as an ex officio nonvoting member;

(4) the Director of the National Aeronautics and Space Administration’s Goddard Space Flight Center, or the Director’s designee, who shall serve as an ex officio nonvoting member;

(5) the Administrator of the National Oceanic and Atmospheric Administration, or the Administrator’s designee, who shall serve as an ex officio nonvoting member;

(6) the Director of the Federal Bureau of Investigation, or the Director’s designee, who shall serve as an ex officio nonvoting member;

(7) the president of the Goddard Contractors’ Association, or the president’s designee;

(8) the President of the University of Maryland Baltimore County, or the President’s designee;

(9) the President of the Southern Maryland Navy Alliance, or the President’s designee;

(10) the president of the Maryland Space Business Roundtable, or the president’s designee;

(11) the President of the University of Maryland, College Park, or the President’s designee;

(12) the director of the Johns Hopkins Applied Physics Laboratory, or the director’s designee;

(13) the director of the Association of Universities for Research in Astronomy, or the director’s designee;

(14) the director of the Space Telescope Science Institute, or the director’s designee; and

(15) the following members, appointed by the Governor with the advice and consent of the Senate:

(i) a representative of institutions of higher education;

(ii) a representative of the National Society of Black Engineers;

(iii) a representative of the Maryland aerospace manufacturing community; and

(iv) a representative of the aerospace technology industry.

(b) A member of the Commission:

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

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

(c) The Commission and its members are subject to the Maryland Public Ethics Law.

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

(2) The terms of the appointed members are staggered as required by the terms provided for members on October 1, 2024.

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

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

(e) The Governor may remove a member appointed by the Governor with or without cause.

(f) From among its members, the Commission shall elect a chair and vice chair.
Md. Code, Family Law § 5-551 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-551
§5–551.
Status: in_force

(a) The following facilities shall require employees and employers to obtain a criminal history records check under this Part V of this subtitle:

(1) a child care center required to be licensed under Title 9.5, Subtitle 4 of the Education Article;

(2) a family child care home or large family child care home required to be registered under Title 9.5, Subtitle 3 of the Education Article;

(3) a child care home required to be licensed under this subtitle or under Title 9 of the Human Services Article;

(4) a child care institution required to be licensed under this subtitle or under Title 9 of the Human Services Article;

(5) a juvenile detention, correction, or treatment facility provided for in Title 9 of the Human Services Article;

(6) a public school as defined in Title 1 of the Education Article;

(7) a private or nonpublic school required to report annually to the State Board of Education under Title 2 of the Education Article;

(8) a foster care family home or group facility as defined under this subtitle;

(9) a recreation center or recreation program operated by the State, a local government, or a private entity primarily serving minors;

(10) a day or residential camp, as defined in Title 10, Subtitle 16 of the Code of Maryland Regulations, primarily serving minors; or

(11) a home health agency or residential service agency licensed by the Maryland Department of Health and authorized under Title 19 of the Health – General Article to provide home– or community–based health services for minors.

(b) The following individuals shall obtain a criminal history records check under this Part V of this subtitle:

(1) an individual who is seeking to adopt a child through a child placement agency;

(2) an individual who is seeking to become a guardian through a local department;

(3) an individual whom the juvenile court appoints as a guardian of a child;

(4) an adult relative with whom a child, committed to a local department, is placed by the local department;

(5) any adult known by a local department or the State Department of Education to be residing in:

(i) a family child care home or large family child care home required to be registered under this title;

(ii) a home where informal child care, as defined in child care subsidy regulations adopted under Title 13A of the Code of Maryland Regulations, is being provided or will be provided to a child who does not reside there;

(iii) a home of an adult relative of a child with whom the child, committed to a local department, is placed by the local department;

(iv) a foster care home or child care home required to be approved under this title;

(v) a home of an individual seeking to adopt a child through a child placement agency; or

(vi) a home of an individual seeking to become a guardian through a local department;

(6) an individual who agrees to provide, or to continue providing, informal child care, as defined in child care subsidy regulations, adopted under Title 13A of the Code of Maryland Regulations; and

(7) if requested by a local department:

(i) a parent or guardian of a child who is committed to the local department and is or has been placed in an out–of–home placement within the past year; and

(ii) any adult known by the local department to be residing in the home of the parent or guardian.

(c) An employer at a facility under subsection (a) of this section may require a volunteer at the facility to obtain a criminal history records check under this Part V of this subtitle.

(d) A local department may require a volunteer of that department who works with children to obtain a criminal history records check under this Part V of this subtitle.

(e) An employer at a facility not identified in subsection (a) of this section who employs individuals to work with children may require employees, including volunteers, to obtain a criminal history records check under this Part V of this subtitle.

(f) An employer, as defined in § 5–550(h)(2) of this subtitle, shall require an employee, as defined in § 5–550(g)(2) of this subtitle, to obtain a criminal history records check under this Part V of this subtitle.

(g) (1) Except as provided in paragraph (2) of this subsection, a person who is required to have a criminal history records check under this Part V of this subtitle shall pay for:

(i) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check;

(ii) reasonable administrative costs to the Department, not to exceed 10% of the processing fee; and

(iii) the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records.

(2) A volunteer under subsection (c), (d), or (e) of this section who volunteers for a program that is registered with the Maryland Mentoring Partnership is required to pay only the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(h) (1) An employer or other party may pay for the costs borne by the employee or other individual under subsection (g) of this section.

(2) The local department shall reimburse:

(i) an adult residing in a foster care home for the costs borne by the individual under subsection (g) of this section; and

(ii) an individual described in subsection (b)(7)(ii) of this section for the costs borne by the individual under subsection (g) of this section.
Md. Code, Financial Institutions § 5-609 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

Within 6 months after taking possession of any banking institution, the Commissioner shall file with the court a complete and detailed report on the institution.
Md. Code, Election Law § 5-1201 — MD Code / Article gel / Title 5 / Subtitle 12 / Section 5-1201
§5–1201.
Status: in_force

(a) (1) Except as otherwise specifically provided in this title, if either nominee of a Governor and Lieutenant Governor unit dies, declines the nomination, or is disqualified, the remaining nominee shall cease to be a candidate if:

(i) a successor nominee is not designated or selected under this subtitle; and

(ii) the certificate of designation and certificate of candidacy required under this subtitle are not filed in a timely manner.

(2) If a successor nominee for Governor or Lieutenant Governor is not designated or selected as required under this subtitle, the name of the remaining nominee may not appear on the ballot.

(b) If an individual designated as a successor nominee for an office other than Governor or Lieutenant Governor does not file the certificate of candidacy required under this subtitle or otherwise fails to comply with the requirements of this title, the name of that individual may not appear on the ballot.
Md. Code, Courts and Judicial Proceedings § 5-420 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-420
§5–420.
Status: in_force

(a) In this section, “partnership” has the meaning stated in § 9A-101 of the Corporations and Associations Article.

(b) A person who is admitted as a partner into an existing partnership is liable for all the obligations of the partnership arising before the person’s admission as though the person had been a partner when the obligations were incurred, except that this liability shall be satisfied only out of the property of the partnership.
Md. Code, Corporations and Associations § 5-6B-15 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-15
§5–6B–15.
Status: in_force

To the extent not inconsistent with this subtitle, the provisions of this article applicable to stock and nonstock corporations shall apply to all cooperative housing corporations.
Md. Code, State Finance and Procurement § 5A-344 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-344
§5A–344.
Status: in_force

(a) If the Director or the Director’s designee takes any enforcement action under this subtitle against a permit holder, the permit holder shall be given an opportunity for a hearing before the Secretary.

(b) Subject to subsection (c) of this section, notice shall be given and the hearing shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The Director or the Director’s designee shall provide notice that a hearing will be held within 30 days after the enforcement action, unless a different period is agreed to by the parties.
Md. Code, General Provisions § 5-518 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-518
§5–518.
Status: in_force

(a) Except as provided in § 5–518.1 of this subtitle, after the filing or preparation of a complaint under § 5–516 of this subtitle, the Joint Ethics Committee shall review the complaint and proceed in accordance with § 5–519 of this subtitle unless, after examining the complaint and the issues raised by it, the Committee finds that further proceedings are not justified because:

(1) the complaint is frivolous;

(2) the complaint does not allege actions on the part of the accused legislator that provide reason to believe that a violation may have occurred;

(3) the matters alleged are not within the jurisdiction of the Joint Ethics Committee;

(4) the violations alleged were inadvertent, technical, or minor, or have been cured, and, after consideration of all of the circumstances then known, further proceedings would not serve the purposes of this subtitle; or

(5) for other reasons, after consideration of all the circumstances, further proceedings would not serve the purposes of this subtitle.

(b) (1) If a finding is made under subsection (a) of this section, the Joint Ethics Committee shall:

(i) submit a report of its conclusions to the presiding officer or to the membership of the branch of the legislature of which the accused legislator is a member, and the proceedings shall be terminated;

(ii) provide advice or guidance to the accused legislator; or

(iii) provide the accused legislator with an opportunity to cure any minor violation of ethical standards.

(2) (i) Subject to § 5–517 of this subtitle, notice of the Joint Ethics Committee’s action shall be provided to the accused legislator and to any person who filed the complaint.

(ii) On request, the accused legislator may see the complaint and the report.

(c) If no finding is made under subsection (a) of this section, the Joint Ethics Committee shall prepare an allegation summary, based on its examination under subsection (a) of this section, setting forth the alleged facts and the issues then known that merit further proceedings.

(d) After review of a complaint, the Joint Ethics Committee shall provide a statement of its findings to the accused legislator.
Md. Code, Local Government § 5-201 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

This subtitle does not authorize the legislative body of a municipality to adopt an ordinance that is inconsistent with or conflicts with any rule or regulation adopted by the Maryland–National Capital Park and Planning Commission or the Washington Suburban Sanitary Commission.
Md. Code, Public Safety § 5-602 — MD Code / Article gps / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

(a) (1) A petition for an extreme risk protective order shall:

(i) be signed and sworn to by the petitioner under the penalty of perjury;

(ii) include any information known to the petitioner that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm;

(iii) set forth specific facts in support of the information described in item (ii) of this paragraph;

(iv) explain the basis for the petitioner’s knowledge of the supporting facts, including a description of the behavior and statements of the respondent or any other information that led the petitioner to believe that the respondent presents an immediate and present danger of causing personal injury to the respondent or others;

(v) describe the number, types, and location of any known firearms believed to be possessed by the respondent; and

(vi) include any supporting documents or information regarding:

1. any unlawful, reckless, or negligent use, display, storage, possession, or brandishing of a firearm by the respondent;

2. any act or threat of violence the respondent made against the respondent or against another, whether or not the threat of violence involved a firearm;

3. any violation by the respondent of a protective order under Title 4, Subtitle 5 of the Family Law Article;

4. any violation by the respondent of a peace order under Title 3, Subtitle 15 of the Courts Article; and

5. any abuse of a controlled dangerous substance or alcohol by the respondent, including any conviction for a criminal offense involving a controlled dangerous substance or alcohol.

(2) A petition for an extreme risk protective order may include, to the extent disclosure is not otherwise prohibited, health records or other health information concerning the respondent.

(b) A petitioner seeking an extreme risk protective order under this subtitle may file a petition with:

(1) the District Court; or

(2) when the Office of the District Court Clerk is closed, a District Court commissioner.

(c) (1) All court records relating to a petition for an extreme risk protective order made under this subtitle are confidential and the contents may not be divulged, by subpoena or otherwise, except by order of the court on good cause shown.

(2) This subsection does not prohibit review of a court record relating to a petition by:

(i) personnel of the court;

(ii) the respondent or counsel for the respondent;

(iii) authorized personnel of the Maryland Department of Health;

(iv) authorized personnel of a local core service agency or local behavioral health authority;

(v) a law enforcement agency;

(vi) a person authorized by a court order on good cause shown; or

(vii) researchers affiliated with institutions of higher education that have entered into an agreement with the Maryland Judiciary providing for the confidentiality of the record in accordance with subsection (d) of this section conducting related academic or policy research.

(d) (1) The Maryland Judiciary shall require an institution of higher education that has researchers reviewing court records relating to extreme risk protective orders to enter into an agreement that provides for the storage and handling of the records.

(2) The agreement shall provide that:

(i) each record relating to an extreme risk protective order shall remain in the custody of the institution of higher education receiving the record;

(ii) each record relating to an extreme risk protective order may be used only for the research and study for which it was assembled or obtained; and

(iii) a person may not disclose a record relating to an extreme risk protective order to any person who is not engaged in the research or study project.

(3) The agreement under this subsection may not apply to or restrict the use or publication of any statistics, information, or other material that summarizes or refers to records in the aggregate, without disclosing the identity of any person who is the subject of the record.

(4) The Maryland Judiciary, on its own motion, may institute an injunction and any other appropriate remedy:

(i) for a violation of the agreement under this subsection; and

(ii) to prevent the unauthorized disclosure of a record relating to an extreme risk protective order by any person.

(e) A petitioner who, in good faith, files a petition under this subtitle is not civilly or criminally liable for filing the petition.

(f) Nothing in this subtitle may be interpreted to require a health care provider to disclose health records or other health information concerning a respondent except:

(1) in accordance with a subpoena directing delivery of the records or information to the court under seal; or

(2) by order of the court.
Md. Code, Economic Development § 5-312 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-312
§5–312.
Status: in_force

(a) The Secretary shall administer the Fund.

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

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

(c) Any investment earnings of the Fund shall be credited to the Fund.
Md. Code, Family Law § 5-307 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) (1) Unless the public defender is required under § 16–204 of the Criminal Procedure Article to provide representation, in a case under Part II or Part III of this subtitle, a juvenile court shall appoint an attorney to represent a parent who:

(i) has a disability that makes the parent incapable of effectively participating in the case; or

(ii) when a petition for guardianship or adoption is filed or consent to guardianship or adoption is given, is a minor.

(2) To determine whether a disability makes a parent incapable of effectively participating in a case, a juvenile court, on its own motion or motion of a party, may order examination of the parent.

(b) (1) In accordance with paragraph (2) of this subsection, in a case under this subtitle, a juvenile court shall appoint an attorney to represent a child.

(2) Unless a juvenile court finds that it is not in a child’s best interests, the juvenile court:

(i) if the attorney who currently represents the child in a pending CINA case or guardianship case is under contract with the Department to provide services under this subsection, shall appoint that attorney; and

(ii) if the attorney who currently represents the child is not under contract with the Department, shall strike the appearance of that attorney.

(c) An attorney or firm may represent more than one party in a case under this subtitle only if the Maryland Lawyers’ Rules of Professional Conduct allow.

(d) An attorney appointed under this section may be compensated for reasonable fees, as approved by a juvenile court.
Md. Code, Family Law § 5-535 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-535
§5–535.
Status: in_force

There is a State Citizens Review Board for Children.
Md. Code, Transportation § 5-704 — MD Code / Article gtr / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

(a) Except as to the land area subject to jurisdiction of the Board of Airport Zoning Appeals as established under Subtitle 5 of this title, a political subdivision or a joint board established under Subtitle 6 of this title may grant any variance to a rule or regulation adopted under this subtitle, if the variance will not endanger the public health, safety, and welfare.

(b) Unless the legislative body of the political subdivision or the joint board provides otherwise, any person who desires a maximum height variance may apply for the variance in accordance with the local procedure for requesting a variance to the comprehensive zoning regulations of the political subdivision.

(c) If an application for a variance is made, the political subdivision or joint board shall notify the Administration of the application at least 10 days before any hearing is held on it.
Md. Code, Natural Resources § 5-213 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-213
§5–213.
Status: in_force

An item lost or abandoned within a State forest, park, or wildlife management area and unclaimed for one year becomes the property of the State, and the Secretary may dispose of the item in the best interest of the State.
Md. Code, Environment § 5-607 — MD Code / Article gen / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

A request for judicial review of the Secretary’s action on any application shall be made within 30 days after the decision has been rendered. Proceedings shall be filed in the circuit court having jurisdiction in which the facility or any part of the facility is to be situated.
Md. Code, Economic Development § 5-526 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-526
§5–526.
Status: in_force

(a) If the applicant is an individual, to qualify for financial assistance under this part the applicant shall satisfy the Authority that:

(1) the applicant is of good moral character;

(2) the applicant has a reputation for financial responsibility, as determined from creditors, employers, and other individuals who have personal knowledge of the applicant;

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

(4) the applicant is unable to obtain adequate business financing on reasonable terms through normal lending channels because the applicant:

(i) belongs to a group that historically has been deprived of access to normal economic or financial resources because of race, color, creed, sex, religion, or national origin;

(ii) has an identifiable physical handicap that severely limits the ability of the applicant to obtain financial assistance, but that does not limit the ability of the applicant to perform the contract or other activity for which the applicant would be receiving financial assistance;

(iii) has any other social or economic impediment that is beyond the control of the applicant but that does not limit the ability of the applicant to perform the contract or other activity for which the applicant would be receiving financial assistance, including:

1. the lack of formal education or financial capacity; or

2. geographical or regional economic distress; or

(iv) does not meet the established credit criteria of at least one financial institution.

(b) If the applicant is a business enterprise that is not a sole proprietorship, to qualify for financial assistance under this part at least 70% of the business enterprise shall be owned by individuals who meet the qualifications for an individual applicant under subsection (a) of this section.

(c) An applicant for a loan guaranty shall have applied for and been denied a loan by a financial institution.
Md. Code, Public Utilities § 5-304 — MD Code / Article gpu / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) (1) A public service company shall notify the Commission of any accident involving the public service company that results in:

(i) personal injury requiring hospitalization;

(ii) property damage exceeding $50,000; or

(iii) loss of life.

(2) The public service company shall notify the Commission within 30 days after the day the accident occurs or within a period that the Commission prescribes.

(b) The notice:

(1) shall be in a form that the Commission prescribes; and

(2) may not be admissible in evidence, or used for any purpose against the public service company that provides the notice, in an action for damages arising out of any matter that is reported in the notice.
Md. Code, Economic Development § 5-104 — MD Code / Article gec / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

(a) The Secretary may:

(1) invest in a specialized small business investment company created in accordance with the federal Small Business Investment Act of 1958; and

(2) to the extent allowed by federal law, do anything necessary or convenient to fully participate in the formation and operation of a specialized small business investment company.

(b) Notwithstanding any other law, the Secretary may use money to finance a specialized small business investment company from accounts within:

(1) the Enterprise Fund established under Subtitle 6 of this title; and

(2) the Maryland Small Business Development Financing Authority established under Subtitle 5 of this title.
Md. Code, General Provisions § 5-709 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-709
§5–709.
Status: in_force

(a) A regulated lobbyist who invites all members of a legislative unit to a meal or reception shall, at least 5 days before the date of the meal or reception:

(1) extend a written invitation to all members of the legislative unit; and

(2) register the meal or reception with the Department of Legislative Services by filing a report electronically as required by the Ethics Commission.

(b) A legislative unit registration report required under subsection (a) of this section shall include:

(1) the date and location of the meal or reception; and

(2) the name of the legislative unit invited.

(c) (1) Based on information contained in a legislative unit registration report filed under subsection (a) of this section, the Department of Legislative Services shall publish once a week a list containing the date and location of each upcoming meal or reception and the name of the legislative unit invited.

(2) (i) The Department of Legislative Services shall allow public inspection of any legislative unit registration report required under this section during regular business hours.

(ii) The Department of Legislative Services shall maintain a photocopy or electronic copy of each registration report required under this section.

(d) (1) (i) A regulated lobbyist who is required to register under subsection (a) of this section shall report the total cost of the meal or reception, and the name of each sponsor who contributes to the cost and the amount of the contribution, to the Ethics Commission within 14 days after the date of the meal or reception.

(ii) If any information required under subparagraph (i) of this paragraph is not known within 14 days after the date of the meal or reception, the regulated lobbyist shall, as to the information not known, specify the nature and estimate the amount of each item.

(2) If all of the information required by paragraph (1)(i) of this subsection is reported accurately and completely, the regulated lobbyist is not required to report the cost of the meal or reception under § 5–705(b)(2)(vii) of this subtitle.

(3) The Ethics Commission shall allow public inspection of each registration report required under this subsection during regular business hours.

(e) A report required under this section shall be filed electronically in the manner required for reports filed under § 5–705 of this subtitle.
Md. Code, Economic Development § 5-1805 — MD Code / Article gec / Title 5 / Subtitle 18 / Section 5-1805
§5–1805.
Status: in_force

(a) A lender shall enroll a qualifying loan in the Program not more than 30 days after the date of the first disbursement of the loan.

(b) A lender may enroll all or a portion of a qualifying loan in an amount not more than $250,000.
Md. Code, Economic Development § 5-551 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-551
§5–551.
Status: in_force

There is an Equity Participation Investment Program in the Department.
Md. Code, Transportation § 5-1103 — MD Code / Article gtr / Title 5 / Subtitle 11 / Section 5-1103
§5–1103.
Status: in_force

The Administration, in the name of this State, may enforce this title and the rules, regulations, and orders adopted under it, by application for injunction or other judicial process.
Md. Code, Transportation § 5-811 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-811
§5–811.
Status: in_force

(a) If a political subdivision fails to adopt noise zone regulations as required by this part, the Administration shall adopt, administer, and enforce appropriate regulations for any noise zone wholly or partly within the jurisdiction of the subdivision.

(b) An appeal from a decision of the Administration may be made in the manner provided in §§ 5-814 and 5-816 of this subtitle.
Md. Code, Business Occupations and Professions § 5-307.1 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-307.1
§5–307.
Status: in_force

§5–307.1.

(a) The Board may use a testing service to administer the examinations required for licensure.

(b) If the Board uses a testing service, the testing service, subject to the requirements set by the Board, may:

(1) set the time and place of examinations;

(2) provide notice of the time and place of an examination to an applicant; and

(3) furnish any other information that the Board may require the testing service to provide.
Md. Code, Transportation § 5-408.1 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-408.1
§5–408.
Status: in_force

§5–408.1.

(a) In this section, “complete streets policy” has the meaning stated in § 2–112 of this article.

(b) The Administration shall, in accordance with § 2–112 of this article, adopt a complete streets policy for airport facilities owned or operated by the State.
Md. Code, General Provisions § 5-820 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-820
§5–820.
Status: in_force

(a) A school board shall submit regulations adopted under this part, and amendments to adopted regulations, to the Ethics Commission for review and approval or disapproval.

(b) If the Ethics Commission does not disapprove a regulation or an amendment to a regulation within 60 days after its submission, the regulation or amendment is deemed to have been approved and becomes effective.

(c) (1) The Ethics Commission may disapprove a regulation or an amendment to a regulation only if the Ethics Commission finds that the regulation or amendment is not in substantial compliance with this part.

(2) If the Ethics Commission disapproves a regulation or an amendment, the Ethics Commission shall promptly notify the school board of the action.

(d) On request of a school board, the Ethics Commission shall advise and assist the school board in preparing regulations that comply with this part.
Md. Code, Health Occupations § 5-305 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

(a) Subject to the provisions of this section, the Board may waive an examination requirement of this title for an individual who:

(1) Is licensed to practice dietetics in another state or country;

(2) Is registered as a dietitian by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics; or

(3) Is certified by the Board for Certification of Nutrition Specialists.

(b) The Board may grant a waiver under this section only if the applicant:

(1) Pays the application fee set by the Board under § 5–206 of this title; and

(2) Provides adequate evidence that the applicant:

(i) Meets the qualifications otherwise required by this subtitle; and

(ii) 1. Became licensed in the other state or country after passing, in that state or country, an examination that the Board determines to be comparable to the examination for which the applicant is seeking the waiver;

2. Became registered as a dietitian by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics after meeting the examination waiver requirements of that Commission or its predecessor; or

3. Became certified by the Board for Certification of Nutrition Specialists after meeting the examination waiver requirements of that Certification Board or its predecessor.
Md. Code, State Finance and Procurement § 5-408 — MD Code / Article gsf / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: reserved

(a) There is within the Department a program for certification of effective county agricultural land preservation programs.

(b) A county may apply to the Department and the Maryland Agricultural Land Preservation Foundation for certification under this section only if the county agricultural preservation advisory board and the governing body of the county both:

(1) approve the program established at the county level as being an effective approach to agricultural land preservation; and

(2) approve the county’s application for certification.

(c) (1) A county may apply for certification under this section if the county has established programs to encourage participation of farmers in agricultural land preservation efforts at the county level, including purchase of development rights or financial enhancements related to purchase of development rights, outside of the State Agricultural Land Preservation Foundation.

(2) County programs shall include:

(i) any program that the Department and the Foundation:

1. determine is necessary for an effective county agricultural land preservation program; and

2. require by regulation; and

(ii) beginning in fiscal year 2009, a priority preservation area element established in accordance with § 2–518 of the Agriculture Article.

(d) (1) To apply for certification under this section, a county shall file with the Maryland Agricultural Land Preservation Foundation and the Department an application in the form that the Department and the Foundation jointly require by regulation.

(2) Within 60 days after notification of an application for certification:

(i) the Foundation shall advise the Department as to whether it approves the application; and

(ii) the Department shall notify the county as to whether the county’s application for certification has been approved.

(e) The Department and the Foundation may not certify a county under this section unless the Department and the Foundation determine that:

(1) the proposed county program for the purchase of development rights or financial enhancements related to the purchase of development rights is likely to be successful;

(2) the county has committed to spend additional local funds for the purchase of development rights or enhancements related to the purchase of development rights in an amount equal to or exceeding the amount of the additional funds that will be available as a result of certification; and

(3) beginning in fiscal year 2009:

(i) the county’s priority preservation area has been established in accordance with § 2–518 of the Agriculture Article; and

(ii) the county’s priority preservation area element in the comprehensive plan meets the requirements set forth in subsection (f) of this section.

(f) The Department and the Foundation may not certify a priority preservation area of a county under this section unless the Department and the Foundation agree that the county’s comprehensive plan:

(1) establishes appropriate goals for the amount and types of agricultural resource land to be preserved in the priority preservation area;

(2) describes:

(i) the county’s strategy to support normal agricultural and forestry activities in conjunction with the amount of development permitted in the priority preservation area; and

(ii) the ordinances, regulations, and procedures the county is using in the priority preservation area to support the ability of working farms to engage in normal agricultural and forestry activities;

(3) includes maps showing the county’s priority preservation area;

(4) describes the priority preservation area in the context of the county’s growth management plans;

(5) describes the way in which preservation goals will be accomplished in the priority preservation area, including the county’s strategy to:

(i) protect land from development through zoning;

(ii) preserve the desired amount of land with permanent easements; and

(iii) maintain a rural environment capable of supporting normal agricultural and forestry activities;

(6) includes an evaluation of the ability of the county’s zoning and other land use management practices to:

(i) limit the impact of subdivision and development;

(ii) allow time for easement purchase; and

(iii) achieve the Foundation’s goals before development excessively compromises the agricultural and forest resource land;

(7) identifies shortcomings in the abilities of the county’s zoning and land management practices and identifies current or future actions to correct the shortcomings; and

(8) describes the methods the county will use to concentrate preservation funds and other supporting efforts in the priority preservation area to achieve the goals of the Foundation and the county’s acreage preservation goal.

(g) In certifying a county’s priority preservation area, the Department and the Foundation shall ensure that:

(1) the county has included all the information required by subsection (f) of this section in the county’s comprehensive plan; and

(2) the size of the county’s priority preservation area is appropriate in relation to the county’s acreage preservation goal.

(h) (1) A county that has been certified under this section as having established an effective county agricultural land preservation program is eligible for:

(i) the additional funds available to certified counties under § 2–508.1 of the Agriculture Article and § 13–306 of the Tax – Property Article; and

(ii) as of July 1, 2008, funds provided for the Maryland Agricultural Land Preservation Foundation over and above the funding the Foundation receives in accordance with § 2–508.1 of the Agriculture Article and §§ 13–209 and 13–306 of the Tax – Property Article.

(2) A county that has been certified under this section may use the additional funds available as a result of certification:

(i) for the purposes stated under § 2–508.1 of the Agriculture Article and § 13–306 of the Tax – Property Article;

(ii) to purchase easements in its priority preservation area;

(iii) for a Critical Farms Program approved by the Foundation;

(iv) for an installment purchase agreement program approved by the Foundation; or

(v) for the Next Generation Farmland Acquisition Program approved by the Foundation.

(i) (1) Except as provided in paragraph (3) of this subsection, a certification or recertification under this section is effective for 3 years and the decision by the Department and the Foundation as to certification or recertification is final with no right to appeal.

(2) At the request of the county, the Department and the Foundation shall recertify under this section a county agricultural land preservation program if:

(i) the county has maintained a successful program of purchase of development rights or financial enhancements related to purchase of development rights during the period of certification;

(ii) conditions in the county priority preservation area remain in accordance with the requirements of § 2–518 of the Agriculture Article;

(iii) the county provides an update on the method, evaluation, shortcomings, and future actions that the county is using or will use to achieve preservation goals, as required under subsection (f)(6) through (8) of this section; and

(iv) the update demonstrates significant progress toward achievement of preservation goals in the priority preservation area.

(3) (i) If the Department and the Foundation determine that a program is consistently effective in the achievement of preservation goals, a program recertification under this section is effective for 5 years.

(ii) The Department and the Foundation shall review a county program recertification under this paragraph when a county:

1. revises the boundary of a priority preservation area;

2. subtracts land from a priority preservation area; or

3. adopts a comprehensive rezoning policy that increases the allowable nonagricultural land uses, density, or intensity of development within a priority preservation area.

(iii) The Department and the Foundation may revoke a county program recertification under this paragraph on a finding that a county action under subparagraph (ii) of this paragraph is inconsistent with the requirements of § 2–518 of the Agriculture Article.

(j) The Department and the Foundation shall jointly adopt regulations for administration of the certification program.

(k) In accordance with the requirements of § 2–1257 of the State Government Article, the Department and the Foundation shall report on the certification program on or before January 15 of each year to:

(1) the Governor;

(2) the Secretary of Agriculture and the Secretary of Planning;

(3) the Senate Budget and Taxation Committee and the Senate Committee on Education, Energy, and the Environment; and

(4) the House Appropriations Committee, the House Environment and Transportation Committee, and the House Committee on Ways and Means.
Md. Code, State Finance and Procurement § 5A-315 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-315
§5A–315.
Status: in_force

(a) Eight trustees are a quorum.

(b) (1) The Board shall meet at least twice a year at the times and places that it sets.

(2) The Director appointed under § 5A-316 of this subtitle shall call a special meeting:

(i) on order of the chair, on the chair’s own initiative; or

(ii) at the request of four or more trustees.

(3) (i) The Director shall notify each trustee in writing of the time and place of a meeting at least 7 days before the meeting.

(ii) The trustees may hold a meeting on less than 7 days’ notice if all trustees agree.

(c) A trustee:

(1) may not receive compensation for duties performed as a trustee; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Family Law § 5-501 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

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

(b) “Administration” means:

(1) the Social Services Administration of the Department; or

(2) any other unit within the Department to which the Secretary of Human Services has delegated in writing specified responsibilities of the Administration under this subtitle.

(c) “Foster care” means continuous 24–hour care and supportive services provided for a minor child placed by a child placement agency in an approved family home.

(d) “Group care” means continuous 24–hour care and supportive services provided for a minor child placed in a licensed group facility.

(e) “Kinship care” means continuous 24–hour care and supportive services provided for a minor child placed by a child placement agency in the home of a kinship parent or kinship caregiver, as those terms are defined in § 5–534 of this subtitle.

(f) (1) “License” means a license issued by the Administration under this subtitle.

(2) “License” includes:

(i) a child placement agency license;

(ii) a child care institution license; and

(iii) a residential educational facility license.

(g) “Local board” means a local citizen board of review for children in out–of–home care.

(h) “Out–of–home care” means:

(1) out–of–home placement; and

(2) the monitoring of and services provided to a child in aftercare following a child’s out–of–home placement.

(i) “Out–of–home placement” means placement of a child into foster care, kinship care, group care, or residential treatment care.

(j) “Residential educational facility” means:

(1) a facility that:

(i) provides special education and related services for students with disabilities;

(ii) holds a certificate of approval issued by the State Board of Education; and

(iii) provides continuous 24–hour care and supportive services to children in a residential setting; or

(2) one of the following schools:

(i) the Benedictine School;

(ii) the Linwood School;

(iii) the Maryland School for the Blind; or

(iv) the Maryland School for the Deaf.

(k) “Residential treatment care” means continuous 24–hour care and supportive services for a minor child placed in a facility that provides formal programs of basic care, social work, and health care services.

(l) “State Board” means the State Citizens Review Board for Children.

(m) “Voluntary placement agreement” means a binding, written agreement that:

(1) is voluntarily entered into between a local department and:

(i) the parent or legal guardian of a minor child; or

(ii) a former CINA whose commitment to the local department was rescinded after the individual reached the age of 18 years but before the individual reached the age of 20 years and 6 months; and

(2) specifies, at a minimum:

(i) the legal status of the child or former CINA; and

(ii) the rights and obligations of the parent or legal guardian, the child or former CINA, and the local department while the child or former CINA is in placement.
Md. Code, Public Safety § 5-106 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

(a) A person must lawfully possess a dealer’s license issued by the Secretary before the person engages in the business of selling, renting, or transferring regulated firearms.

(b) One dealer’s license is required for each place of business where regulated firearms are sold.
Md. Code, Education § 5-324 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-324
§5–324.
Status: reserved

§5–324. IN EFFECT

** IN EFFECT UNTIL JUNE 30, 2026 PER CHAPTER 679 OF 2023 **

(a) Repealed.

(b) Repealed.

(c) Repealed.

(d) Repealed.

(e) Repealed.

(f) (1) In fiscal year 2006 and in each fiscal year thereafter, the State shall distribute grants from an appropriation in the State budget or general obligation bonds to county boards under the Aging Schools Program administered by the Interagency Commission on School Construction in amounts equal to the funding level calculated under paragraph (2) of this subsection.

(2) In fiscal year 2013 and in each fiscal year thereafter, the funding level for a county is the following amounts for the following counties:

(i) Allegany County ……………………………………....$97,791;

(ii) Anne Arundel County …………………………........$506,038;

(iii) Baltimore City.................................................... $1,387,924;

(iv) Baltimore County.................................................. $874,227;

(v) Calvert County........................................................ $38,292;

(vi) Caroline County .......................................................$50,074;

(vii) Carroll County ...................................................... $137,261;

(viii) Cecil County............................................................ $96,024;

(ix) Charles County ....................................................... $50,074;

(x) Dorchester County .................................................. $38,292;

(xi) Frederick County .................................................. $182,622;

(xii) Garrett County........................................................ $38,292;

(xiii) Harford County .................................................... $217,379;

(xiv) Howard County ...................................................... $87,776;

(xv) Kent County ........................................................... $38,292;

(xvi) Montgomery County ............................................ $602,651;

(xvii) Prince George’s County...................................... $1,209,426;

(xviii) Queen Anne’s County ............................................. $50,074;

(xix) St. Mary’s County ................................................... $50,074;

(xx) Somerset County..................................................... $38,292;

(xxi) Talbot County.......................................................... $38,292;

(xxii) Washington County ...............................................$134,904;

(xxiii) Wicomico County........................................... $106,627; and

(xxiv) Worcester County.................................................... $38,292.
Md. Code, Labor and Employment § 5-208 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-208
§5–208.
Status: in_force

(a) The Commissioner or authorized representative of the Commissioner may enter a place of employment where work is performed, without delay at any reasonable time, to:

(1) inspect the place of employment;

(2) investigate all pertinent apparatus, conditions, devices, equipment, materials, and structures at the place of employment; and

(3) question privately an agent, employee, or employer.

(b) (1) Subject to any regulation that the Commissioner adopts to carry out this title, a representative chosen by employees and a representative of the employer shall be given an opportunity to accompany the Commissioner or an authorized representative of the Commissioner during an inspection under this subtitle.

(2) If there is no authorized employee representative, the Commissioner shall consult with a reasonable number of employees about safety and health in the place of employment.

(c) (1) Before or during an inspection, an employee or authorized representative of employees in a place of employment or authorized representative of the Commissioner may give the Commissioner written notice of any violation of this title that the employee or representative has reason to believe exists at the place of employment of the employee.

(2) The Commissioner shall set, by regulation, procedures for informal review of any refusal to issue a citation on the basis of notice under this subsection.

(3) If an employee or authorized representative of employees asks for informal review under this subsection, the Commissioner shall give the employee or representative a written statement of the reasons for the final disposition.
Md. Code, Natural Resources § 5-1605 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1605
§5–1605.
Status: in_force

§5–1605. IN EFFECT

(a) Upon receipt of notice that the forest stand delineation is complete and correct, the applicant shall submit to the State or local authority a proposed forest conservation plan for the site.

(b) The forest conservation plan shall be developed by a licensed forester, licensed landscape architect, or other qualified professionals that may be approved by the State or a local authority.

(c) A proposed forest conservation plan shall contain:

(1) A map of the site drawn at the same scale as the grading or subdivision plan;

(2) A table listing the net tract area in square feet, the square foot area of forest conservation required for the site, and the square foot area of forest conservation provided by the applicant on–site and off–site, if applicable;

(3) A clear graphic indication of the forest conservation provided on the site showing areas where both retention of existing forest or afforestation, by any and all methods, is planned;

(4) An anticipated construction timetable, including the sequence for tree conservation procedures;

(5) An afforestation or reforestation plan with a timetable and description of needed site and soil preparation, species, size, and spacing to be utilized;

(6) Locations and types of protective devices to be used during construction activities to protect trees and areas of forest designated for conservation;

(7) Limits of disturbance delineated;

(8) Stockpile areas delineated;

(9) A binding 2–year management agreement that details how the areas designated for afforestation or reforestation will be maintained to ensure protection or satisfactory establishment including:

(i) Watering; and

(ii) Reinforcement planting provisions if survival falls below required standards; and

(10) Any other requirement established in regulations adopted by the Department, or imposed by a local authority.

(d) Within 45 days from receipt of the forest conservation plan, the Department or local authority shall notify the applicant whether the forest conservation plan is complete. If the Department or local authority fails to notify the applicant about the forest conservation plan within 45 days, the plan shall be treated as complete and approved. The Department or local authority may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances. In addition, at the request of the applicant, the State or local authority may extend this deadline for extenuating circumstances.

§5–1605. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 **

(a) Upon receipt of notice that the forest stand delineation is complete and correct, the applicant shall submit to the State or local authority a proposed forest conservation plan for the site.

(b) The forest conservation plan shall be developed by a licensed forester, licensed landscape architect, or other qualified professionals that may be approved by the State or a local authority.

(c) A proposed forest conservation plan shall contain:

(1) A map of the site drawn at the same scale as the grading or subdivision plan;

(2) A table listing the net tract area in square feet, the square foot area of forest conservation required for the site, and the square foot area of forest conservation provided by the applicant on–site and off–site, if applicable;

(3) A clear graphic indication of the forest conservation provided on the site showing areas where both retention of existing forest or afforestation, by any and all methods, is planned;

(4) An anticipated construction timetable, including the sequence for tree conservation procedures;

(5) An afforestation or reforestation plan with a timetable and description of needed site and soil preparation, species, size, and spacing to be utilized;

(6) Locations and types of protective devices to be used during construction activities to protect trees and areas of forest designated for conservation;

(7) Limits of disturbance delineated;

(8) Stockpile areas delineated;

(9) A binding 2–year management agreement that details how the areas designated for afforestation or reforestation will be maintained to ensure protection or satisfactory establishment including:

(i) Watering; and

(ii) Reinforcement planting provisions if survival falls below required standards; and

(10) Any other requirement established in regulations adopted by the Department, or imposed by a local authority.

(d) (1) At least 20 days before approval of the forest conservation plan, the Department or local authority shall:

(i) Provide notice that is consistent with local authority notice requirements to all property owners abutting and adjacent to the boundary of the subject property of any proposed clearing of a priority retention area as described in § 5–1607(c) of this subtitle; and

(ii) 1. On a net tract area of at least 5 acres and if at least 75% of the priority retention area is proposed to be cleared, provide an opportunity for written and verbal comment before plan approval; or

2. For any other project where priority retention area is proposed for clearing, provide an opportunity for public written comment before plan approval.

(2) Property separated from the subject property by a public right–of–way shall be considered abutting and adjacent.

(3) (i) Within 45 days from receipt of the forest conservation plan, the Department or local authority shall notify the applicant whether the forest conservation plan is complete.

(ii) If the Department or local authority fails to notify the applicant about the forest conservation plan within 45 days, the plan shall be treated as complete and approved.

(iii) The Department or local authority may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances.

(iv) In addition, at the request of the applicant, the State or local authority may extend this deadline for extenuating circumstances.

(4) (i) A person petitioning for judicial review of an approved forest conservation plan shall file the petition in accordance with the Maryland Rules not later than 30 days after approval of the forest conservation plan.

(ii) Any judicial review of a forest conservation plan shall be:

1. Conducted in accordance with the Maryland Rules; and

2. Limited to the record compiled by the Department or the local authority.
Md. Code, Corporations and Associations § 5-528 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-528
§5–528.
Status: in_force

(a) If a cooperative purchases the business of another person, it may pay for the purchase in whole or in part by issuing to the seller certificates of indebtedness or shares of its capital stock in an amount which at par value would equal the fair market value of the business purchased.

(b) A transfer to the cooperative of the business at this valuation is equivalent to payment in cash for the stock issued.

(c) The directors of the purchasing cooperative may hold the stock in trust for the seller and dispose of it in a manner mutually satisfactory to the parties in interest. The directors also may pay the proceeds from the stock to the seller as they are received.
Md. Code, General Provisions § 5-517 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-517
§5–517.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, any matter before the Joint Ethics Committee, including information relating to any complaint, proceeding, or record of the Joint Ethics Committee, shall remain confidential.

(b) Public access and inspection of an activity or a record of the Joint Ethics Committee shall be available for:

(1) a disclosure or disclaimer of a conflict of interest form filed with the Joint Ethics Committee;

(2) a portion of a meeting in which a disclosure or disclaimer form is reviewed by the Joint Ethics Committee;

(3) information relating to a complaint, proceeding, or record of the Joint Ethics Committee involving a member of the General Assembly if consent to public access and inspection is granted by:

(i) the member involved in the matter; or

(ii) a three–fourths vote of the full membership of the Joint Ethics Committee, based on criteria established by rule;

(4) a rule or broadly applicable opinion issued by the Joint Ethics Committee; or

(5) any matter or record that is otherwise available for public access or inspection as specifically authorized under this subtitle.

(c) (1) The Joint Ethics Committee shall provide a copy of a complaint alleging a violation of the antiharassment policy and procedures and a notice of the Joint Ethics Committee’s action to the Human Resources Manager of the Department of Legislative Services.

(2) For information received under paragraph (1) of this subsection, the Human Resources Manager shall be subject to the confidentiality restrictions of subsections (a) and (b) of this section.
Md. Code, Natural Resources § 5-506 — MD Code / Article gnr / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: reserved

A person may not cut or permit to be cut any pine tree or seedling required to be reserved for reseeding or planted under a reforestation plan or perform any act or permit any act to be performed which prevents reseeding or reforestation of any area upon which a cutting operation has been conducted.
Md. Code, Transportation § 5-807 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-807
§5–807.
Status: in_force

The Executive Director may help to develop and carry out any noise abatement plan required by this subtitle. His help may include technical and financial aid.
Md. Code, Corporations and Associations § 5-607 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

(a) A cooperative has the power to:

(1) Sue and be sued in its corporate name;

(2) Have perpetual existence;

(3) Adopt and alter a corporate seal;

(4) Generate, manufacture, purchase, acquire, accumulate, and transmit electricity;

(5) Distribute, sell, supply, and dispose of electricity to:

(i) Its members;

(ii) Governmental agencies and political subdivisions; and

(iii) Other persons not exceeding 10% of the number of its members;

(6) Assist persons to whom the cooperative supplies or will supply electricity in wiring their premises by:

(i) Providing financing or other assistance; or

(ii) Wiring or causing the premises to be wired;

(7) Assist persons to whom the cooperative supplies or will supply electricity in acquiring and installing electrical and plumbing appliances, equipment, fixtures, and apparatus by:

(i) Providing financing or other assistance;

(ii) Wiring or causing the premises to be wired; or

(iii) Purchasing, acquiring, leasing as lessor or lessee, selling, distributing, installing, and repairing electrical and plumbing appliances, equipment, fixtures, and apparatus;

(8) Assist persons to whom the cooperative supplies or will supply electricity in constructing, equipping, maintaining, and operating electric cold storage or processing plants, by providing financing or other assistance;

(9) Construct, purchase, lease as lessee, or otherwise acquire electric transmission and distribution lines or systems, electric generating plants, electric cold storage or processing plants, electric plants, and any other assets considered necessary, convenient, or appropriate to accomplish the purpose for which the cooperative is organized;

(10) Equip, maintain, and operate electric transmission and distribution lines or systems, electric generating plants, electric cold storage or processing plants, electric plants, and any other assets considered necessary, convenient, or appropriate to accomplish the purpose for which the cooperative is organized;

(11) Sell, assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber electric transmission and distribution lines or systems, electric generating plants, electric cold storage or processing plants, electric plants, and any other assets considered necessary, convenient, or appropriate to accomplish the purpose for which the cooperative is organized;

(12) Construct, maintain, or operate or allow others to construct, maintain, or operate conducting or communications facilities that furnish telecommunications, broadband Internet access, or related services, along, on, under, or across:

(i) Real property, personal property, rights–of–way, and easements owned, held, or otherwise used by the cooperative; and

(ii) Publicly owned lands, roadways, and public ways, with the prior consent of the governing body of the municipal corporation or county in which the facilities are proposed to be constructed and under any reasonable regulations and conditions imposed by the governing body of the municipal corporation or county;

(13) Purchase, lease as lessee, or otherwise acquire, use and exercise, and sell, assign, convey, mortgage, pledge, or otherwise dispose of or encumber, franchises, rights, privileges, licenses, and easements;

(14) Borrow money and otherwise contract indebtedness, issue notes, bonds, and other evidences of indebtedness, and secure the payment of those instruments by mortgage, pledge, or deed of trust, or any other encumbrance on any of its assets, revenues, or income;

(15) Construct, maintain, and operate electric transmission and distribution lines along, on, under, and across publicly owned lands, roadways, and public ways, with the prior consent of the governing body of the municipal corporation or county in which the lines are proposed to be constructed and under any reasonable regulations and conditions required in the consent;

(16) Exercise the power of condemnation in the manner provided by the law of this State for the exercise of that power by other corporations that construct or operate electric transmission and distribution lines or systems;

(17) Become a member of or own stock in other cooperatives or corporations;

(18) Conduct its business and exercise its powers in any state, territory, district, and possession of the United States and in any foreign country;

(19) Adopt, amend, and repeal bylaws; and

(20) Do any other act and exercise any other power that may be necessary, convenient, or appropriate to accomplish the purpose for which the cooperative is organized.

(b) A cooperative that furnishes electric cold storage or processing plant service is not considered to be distributing, selling, supplying, or disposing of electricity under subsection (a)(5)(iii) of this section solely on that account.

(c) To ensure that electric customers do not subsidize the cost of broadband services, an electric cooperative shall allocate properly all costs incurred under subsection (a)(12) of this section between electricity–related services and broadband services.
Md. Code, Natural Resources § 5-9A-01 — MD Code / Article gnr / Title 5 / Subtitle 9A / Section 5-9A-01
§5–9A–01.
Status: in_force

(a) The General Assembly declares that:

(1) Sprawl development and other modifications to the landscape in Maryland continue at an alarming rate, consuming land rich in natural resource, agricultural, and forestry value, adversely affecting water quality, wetlands and habitat, threatening resource–based economies and cultural assets, and rending the fabric of rural life;

(2) Current State, county, and local land conservation programs help to limit the effect of sprawl development but lack sufficient funding and focus to preserve key areas before escalating land values make their protection impossible or the land is lost to development; and

(3) A grant program that leverages available funding, focuses on preservation of strategic resources, including those resources threatened by sprawl development, streamlines real property acquisition procedures to expedite land preservation, takes advantage of innovative preservation techniques such as transferable development rights and the purchase of development rights, and promotes a greater level of natural and environmental resources protection than is provided by existing efforts, will establish a rural legacy for future generations.

(b) (1) A Rural Legacy Program is established to enhance natural resource, agricultural, forestry, and environmental protection as provided in subsection (a) of this section while maintaining the viability of resource–based land usage and proper management of tillable and wooded areas through accepted agricultural and silvicultural practices for farm production and timber harvests.

(2) The Program provides funds to the local governments and land trusts to purchase interests in real property from willing sellers, including easements, transferable development rights, and fee estates, focused in designated Rural Legacy Areas.

(3) The Program shall encourage partnerships among the federal, State, and local governments, and nonprofit land trust organizations and encourage local land conservation initiatives.

(4) The Program is administered by a Rural Legacy Board in the Department of Natural Resources, an advisory committee, and existing State staff.

(c) The Program is funded:

(1) Pursuant to § 13–209 of the Tax – Property Article and § 5–903(a)(2)(iii) of this title;

(2) By the proceeds from the sale of general obligation bonds as provided in § 5–9A–09 of this subtitle; and

(3) By money appropriated in the State budget to the Program.

(d) For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of $5,444,127 to the Program.

(e) When negotiating and awarding grants, the Board shall encourage sponsors to utilize zero coupon bonds in the implementation of the Rural Legacy Plan in order to reduce the utilization of general obligation bonds in funding the grants.
Md. Code, Family Law § 5-101 — MD Code / Article gfl / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Adoptive parent” means an individual who completes adoption of another individual.

(c) “Child placement agency” means:

(1) a local department; or

(2) a private agency that is licensed by the Social Services Administration of the Department under § 5–507 of this title, or by a comparable governmental unit of another state, to place children.

(d) “Crime of violence”:

(1) has the meaning stated in § 14–101 of the Criminal Law Article; or

(2) as to a crime committed in another state, means a crime that, if committed in this State, would be a crime of violence as defined in § 14–101 of the Criminal Law Article.

(e) “Department” means the State Department of Human Services.

(f) “Disability” means:

(1) alcohol dependence, as defined in § 8–101 of the Health – General Article;

(2) drug dependence, as defined in § 8–101 of the Health – General Article;

(3) a mental disorder, as defined in § 10–101 of the Health – General Article; or

(4) intellectual disability, as defined in § 7–101 of the Health – General Article.
Md. Code, Corporations and Associations § 5-628 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-628
§5–628.
Status: in_force

(a) A cooperative may merge into another cooperative, or have one or more cooperatives merged into it, as provided in this section.

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

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

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

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

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

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

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

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

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

(iii) A statement that each merging cooperative and the successor agree to the merger;

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

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

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

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

(i) Is consistent with this subtitle; and

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

(e) The chairman or vice-chairman who signs the articles of merger for each cooperative shall make and attach to the articles an affidavit stating that the cooperative has complied with the provisions of this section that relate to the articles.
Md. Code, Criminal Law § 5-101 — MD Code / Article gcr / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Administer” means to introduce a substance into the system of a human or animal by injection, inhalation, ingestion, application to the skin, or any combination of those methods or by any other means.

(c) (1) “Agent” means an employee or other authorized person who acts for or at the direction of a manufacturer, distributor, or authorized provider.

(2) “Agent” does not include:

(i) a common carrier, contract carrier, or public warehouseman; or

(ii) an employee of a common carrier, contract carrier, or public warehouseman.

(d) (1) “Authorized provider” means:

(i) a person licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the course of professional practice or research; or

(ii) a pharmacy, laboratory, hospital, or other institution licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the course of professional practice or research.

(2) “Authorized provider” includes:

(i) a scientific investigator;

(ii) an individual authorized by the State to practice medicine, dentistry, or veterinary medicine; and

(iii) an animal control facility licensed under § 2–305 of the Agriculture Article.

(e) (1) “Cannabimimetic agents” means substances that are cannabinoid receptor type 1 (CB1 receptor) agonists as demonstrated by binding studies and functional assays within one of the following structural classes:

(i) 2–(3–hydroxycyclohexyl)phenol with substitution at the 5–position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent;

(ii) 3–(1–naphthoyl)indole or 3–(1–naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthoyl or naphthyl ring to any extent;

(iii) 3–(1–naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted on the naphthoyl ring to any extent;

(iv) 1–(1–naphthylmethylene)indene by substitution of the 3–position of the indene ring, whether or not further substituted in the indene ring to any extent and whether or not substituted on the naphthyl ring to any extent; or

(v) 3–phenylacetylindole or 3–benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted on the phenyl ring to any extent.

(2) “Cannabimimetic agents” includes:

(i) 5–(1,1–dimethylheptyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol (CP–47,497);

(ii) 5–(1,1–dimethyloctyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol (cannabicyclohexanol or CP–47,497 C8–homolog);

(iii) 1–pentyl–3–(1–naphthoyl)indole (JWH–018 and AM678);

(iv) 1–butyl–3–(1–naphthoyl)indole (JWH–073);

(v) 1–hexyl–3–(1–naphthoyl)indole (JWH–019);

(vi) 1–[2–(4–morpholinyl)ethyl]–3–(1–naphthoyl)indole (JWH–200);

(vii) 1–pentyl–3–(2–methoxyphenylacetyl)indole (JWH–250);

(viii) 1–pentyl–3–[1–(4–methoxynaphthoyl)]indole (JWH–081);

(ix) 1–pentyl–3–(4–methyl–1–naphthoyl)indole (JWH–122);

(x) 1–pentyl–3–(4–chloro–1–naphthoyl)indole (JWH–398);

(xi) 1–(5–fluoropentyl)–3–(1–naphthoyl)indole (AM2201);

(xii) 1–(5–fluoropentyl)–3–(2–iodobenzoyl)indole (AM694);

(xiii) 1–pentyl–3–[(4–methoxy)–benzoyl]indole (SR–19 and RCS–4);

(xiv) 1–cyclohexylethyl–3–(2–methoxyphenylacetyl)indole (SR–18 and RCS–8); and

(xv) 1–pentyl–3–(2–chlorophenylacetyl)indole (JWH–203).

(e–1) (1) “Cannabis” means the plant Cannabis sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta–9–tetrahydrocannabinol concentration greater than 0.3% on a dry weight basis.

(2) “Cannabis” does not include hemp as defined in § 14–101 of the Agriculture Article.

(e–2) “Civil use amount” means:

(1) an amount of usable cannabis that exceeds 1.5 ounces but does not exceed 2.5 ounces;

(2) an amount of concentrated cannabis that exceeds 12 grams but does not exceed 20 grams; or

(3) an amount of cannabis products containing delta–9–tetrahydrocannabinol that exceeds 750 milligrams but does not exceed 1,250 milligrams.

(f) (1) “Coca leaf” includes a leaf containing cocaine, the optical and geometric isomers of cocaine, and any compound, manufactured substance, salt, derivative, mixture, or preparation of a coca leaf.

(2) “Coca leaf” does not include a derivative of a coca leaf that does not contain cocaine, ecgonine, or a substance from which cocaine or ecgonine may be synthesized or made.

(g) (1) “Controlled dangerous substance” means:

(i) a drug or substance listed in Schedule I through Schedule V; or

(ii) an immediate precursor to a drug or substance listed in Schedule I through Schedule V that:

1. by regulation the Department designates as being the principal compound commonly used or produced primarily for use to manufacture a drug or substance listed in Schedule I through Schedule V;

2. is an immediate chemical intermediary used or likely to be used to manufacture a drug or substance listed in Schedule I through Schedule V; and

3. must be controlled to prevent or limit the manufacture of a drug or substance listed in Schedule I through Schedule V.

(2) “Controlled dangerous substance” does not include distilled spirits, wine, malt beverages, or tobacco.

(h) “Controlled paraphernalia” means:

(1) a hypodermic syringe, needle, or any other object or combination of objects adapted to administer a controlled dangerous substance by hypodermic injection;

(2) a gelatin capsule, glassine envelope, or other container suitable for packaging individual quantities of a controlled dangerous substance; or

(3) lactose, quinine, mannite, mannitol, dextrose, sucrose, procaine hydrochloride, or any other substance suitable as a diluent or adulterant.

(i) “Deliver” means to make an actual, constructive, or attempted transfer or exchange from one person to another whether or not remuneration is paid or an agency relationship exists.

(j) “Department” means the Maryland Department of Health.

(k) “Depressant or stimulant drug” means a drug that contains any quantity of a substance that the Attorney General of the United States by regulation designates as having a potential for abuse because of:

(1) a depressant or stimulant effect on the central nervous system; or

(2) a hallucinogenic effect.

(l) (1) “Dispense” means to deliver to the ultimate user or the human research subject by or in accordance with the lawful order of an authorized provider.

(2) “Dispense” includes to prescribe, administer, package, label, or compound a substance for delivery.

(m) “Distribute” means, with respect to a controlled dangerous substance, to deliver other than by dispensing.

(n) (1) “Drug” means:

(i) a substance recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary;

(ii) a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;

(iii) except for food, a substance intended to affect the structure or function of the body of humans or other animals; or

(iv) a substance intended for use as a component of any substance specified in item (i), (ii), or (iii) of this paragraph.

(2) “Drug” does not include a device or an accessory, part, or component of a device.

(o) “Drug dependent person” means a person who:

(1) is using a controlled dangerous substance; and

(2) is in a state of psychological or physical dependence, or both, that:

(i) arises from administration of that controlled dangerous substance on a continuous basis; and

(ii) is characterized by behavioral and other responses that include a strong compulsion to take the substance on a continuous basis in order to experience its psychological effects or to avoid the discomfort of its absence.

(p) (1) “Drug paraphernalia” means equipment, a product, or material that is used, intended for use, or designed for use, in:

(i) planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, repackaging, storing, containing, or concealing a controlled dangerous substance in violation of this title; or

(ii) injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance in violation of this title.

(2) “Drug paraphernalia” includes:

(i) a kit used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a controlled dangerous substance other than cannabis or from which a controlled dangerous substance can be derived;

(ii) a kit used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled dangerous substance other than cannabis;

(iii) an isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled dangerous substance other than cannabis;

(iv) testing equipment used, intended for use, or designed for use in analyzing the strength, effectiveness, or purity of a controlled dangerous substance other than cannabis;

(v) a scale or balance used, intended for use, or designed for use in weighing or measuring a controlled dangerous substance other than cannabis;

(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a controlled dangerous substance other than cannabis;

(vii) a separation gin or sifter used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, a controlled dangerous substance other than cannabis;

(viii) a blender, bowl, container, spoon, or mixing device used, intended for use, or designed for use in compounding a controlled dangerous substance other than cannabis;

(ix) a capsule, balloon, envelope, or other container used, intended for use, or designed for use in packaging small quantities of a controlled dangerous substance other than cannabis;

(x) a container or other object used, intended for use, or designed for use in storing or concealing a controlled dangerous substance other than cannabis;

(xi) a hypodermic syringe, needle, or other object used, intended for use, or designed for use in parenterally injecting a controlled dangerous substance into the human body; and

(xii) an object used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cocaine into the human body.

(p–1) “Electronic prescription” means a prescription that:

(1) is generated on an electronic application and transmitted as an electronic data file; and

(2) if the prescription is for a controlled dangerous substance, complies with the requirements of 21 C.F.R. Part 1306.

(q) (1) “Manufacture”, with respect to a controlled dangerous substance, means to produce, prepare, propagate, compound, convert, or process a controlled dangerous substance:

(i) directly or indirectly by extraction from substances of natural origin;

(ii) independently by chemical synthesis; or

(iii) by a combination of extraction and chemical synthesis.

(2) “Manufacture” includes to package and repackage a controlled dangerous substance and label and relabel its containers.

(3) “Manufacture” does not include:

(i) to prepare or compound a controlled dangerous substance by an individual for the individual’s own use; or

(ii) to prepare, compound, package, or label a controlled dangerous substance:

1. by an authorized provider incidental to administering or dispensing a controlled dangerous substance in the course of professional practice; or

2. if the controlled dangerous substance is not for sale by an authorized provider, or by the authorized provider’s agent under the authorized provider’s supervision, for or incidental to research, teaching, or chemical analysis.

(r) (1) “Narcotic drug” means a substance:

(i) that has been found to present an extreme danger to the health and welfare of the community because of addiction–forming and addiction–sustaining qualities;

(ii) that is:

1. an opiate;

2. a compound, manufactured substance, salt, derivative, or preparation of opium, coca leaf, or an opiate; or

3. a substance and any compound, manufactured substance, salt, derivative, or preparation that is chemically identical with a substance listed in items 1 and 2 of this item; and

(iii) that is produced:

1. directly or indirectly by extraction from substances of vegetable origin;

2. independently by chemical synthesis; or

3. by a combination of extraction and chemical synthesis.

(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf that does not contain cocaine or ecgonine.

(s) “Noncontrolled substance” means a substance that is not classified as a controlled dangerous substance under Subtitle 4 of this title.

(t) (1) “Opiate” means a substance that has an addiction–forming or addiction–sustaining quality similar to morphine or that can be converted into a drug that has this addiction–forming or addiction–sustaining quality.

(2) “Opiate” includes:

(i) the racemic and levorotatory forms of an opiate;

(ii) except for seeds, the opium poppy, the plant of the species Papaver somniferum L.;

(iii) the poppy straw consisting of the opium poppy after mowing except the seeds; and

(iv) coca leaf.

(3) “Opiate” does not include, unless specifically designated as controlled under § 5–202 of this title, the dextrorotatory isomer of 3–methoxy–n–methyl–morphinan and its salts (dextromethorphan).

(u) “Personal use amount” means:

(1) an amount of usable cannabis that does not exceed 1.5 ounces;

(2) an amount of concentrated cannabis that does not exceed 12 grams;

(3) an amount of cannabis products containing delta–9–tetrahydrocannabinol that does not exceed 750 milligrams; or

(4) two or fewer cannabis plants.

(v) “Possess” means to exercise actual or constructive dominion or control over a thing by one or more persons.

(w) (1) “Prescription drug” means a drug that:

(i) is intended to be used by an individual; and

(ii) because of its toxicity, other potentiality for harmful effect, method of use, or collateral measures necessary for its use:

1. bears a cautionary label warning a person that under federal law the drug may not be dispensed without a prescription; or

2. is designated by the Department as not safe for use except under the supervision of a person licensed by the State to administer a prescription drug.

(2) “Prescription drug” does not include a controlled dangerous substance.

(x) “Produce”, with respect to a controlled dangerous substance, includes to manufacture, plant, cultivate, grow, and harvest.

(y) “Registrant” means a person who is registered by the Department to manufacture, distribute, or dispense a controlled dangerous substance in the State.

(z) “Schedule I” means the controlled dangerous substances described in § 5–402 of this title.

(aa) “Schedule II” means the controlled dangerous substances described in § 5–403 of this title.

(bb) “Schedule III” means the controlled dangerous substances described in § 5–404 of this title.

(cc) “Schedule IV” means the controlled dangerous substances described in § 5–405 of this title.

(dd) “Schedule V” means the controlled dangerous substances described in § 5–406 of this title.

(ee) “Secretary” means the Secretary of the Department.

(ff) “Ultimate user” means a person who lawfully possesses a controlled dangerous substance for the person’s own use, for the use of a member of the person’s household, or for administration to an animal owned by the person or by a member of the person’s household.
Md. Code, Family Law § 5-559 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-559
§5–559.
Status: in_force

(a) In this section, “emergency out–of–home placement” means an out–of–home placement in which a local department places a child in the home of a private individual, including a neighbor, friend, or relative, as a result of a sudden unavailability of the child’s primary caretaker.

(b) (1) If a child is placed in an emergency out–of–home placement, a local department may request that a designated State or local law enforcement agency in the State perform a federal name–based check on any individual described in § 5–551(b)(4), (5)(iii), and (7)(ii) of this subtitle.

(2) The designated agency described in paragraph (1) of this subsection may provide the results of the name–based check to the local department.

(3) Within 15 calendar days after the local department receives the results of the name–based check, the local department shall submit a complete set of fingerprints to the Department for each individual described in paragraph (1) of this subsection on whom a name–based check was performed.

(4) Within 15 calendar days after the name–based check, the Department shall perform a criminal history records check, in accordance with § 5–555 of this subtitle.

(c) A child shall be removed immediately from an emergency out–of–home placement if any individual required to submit to a name–based check refuses to submit the follow–up fingerprints.

(d) When the placement of a child in a home is denied as a result of a name–based criminal history records check of an individual and the individual contests that denial, the individual shall submit to the local department:

(1) a complete set of fingerprints; and

(2) written permission allowing the local department to forward the fingerprints to the Department for submission to the Federal Bureau of Investigation.

(e) An individual who is required to submit to a criminal history records check under this section shall pay the fees required under § 5–551(g) of this subtitle.
Md. Code, Economic Development § 5-1806 — MD Code / Article gec / Title 5 / Subtitle 18 / Section 5-1806
§5–1806.
Status: in_force

(a) The Department shall establish a loan loss reserve account for a lender when a lender enrolls its first loan under the Program.

(b) At the time of enrollment:

(1) the borrower shall make a payment to the account of between 0% and 7% of the enrolled loan amount;

(2) the lender shall make a payment to the account of at least 2% of the enrolled amount; and

(3) the Department shall make a matching payment to the account in an amount equal to the borrower and lender’s aggregate payment under items (1) and (2) of this subsection.

(c) The loan loss reserve account of a lender shall be available for the lender to withdraw if a borrower defaults on a qualifying loan.

(d) The Department shall establish procedures for a lender to withdraw from the Program.
Md. Code, Courts and Judicial Proceedings § 5-113 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-113
§5–113.
Status: in_force

(a) In this section, “occupational disease” means a disease caused by exposure to any toxic substance in a place of employment and contracted during the course of employment.

(b) An action for damages arising out of an occupational disease shall be filed within 3 years of the discovery of facts from which it was known or reasonably should have been known that an occupational disease was the proximate cause of death, but in any event not later than 10 years from the date of death.

(c) As used in subsection (b) of this section, “proximate cause” means that the occupational disease was a substantial contributing cause of the death of the plaintiff’s decedent.
Md. Code, Courts and Judicial Proceedings § 5-407 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

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

(2) “Association or organization” means:

(i) A business league;

(ii) A charitable organization;

(iii) A civic league;

(iv) A club;

(v) A labor, agricultural, or horticultural organization; or

(vi) A local association of employees.

(3) “Business league” means a league, chamber of commerce, real estate board, or board of trade that is exempt from taxation under § 501(c)(6) of the Internal Revenue Code.

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

(5) “Civic league” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(4) of the Internal Revenue Code.

(6) “Club” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(7) of the Internal Revenue Code.

(7) “Compensation” does not include actual and necessary expenses that are incurred by a volunteer in connection with the services provided or duties performed by the volunteer on behalf of an association or organization, and that are reimbursed to the volunteer or otherwise paid.

(8) “Labor, agricultural, or horticultural organization” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(5) of the Internal Revenue Code.

(9) “Local association of employees” means an association of employees, the membership of which is limited to the employees of a designated person or persons in a particular municipality, that is exempt from taxation under § 501(c)(4) of the Internal Revenue Code.

(10) “Suit” means a civil action, including a health care malpractice action filed with the Health Care Alternative Dispute Resolution Office, brought against a volunteer of an association or organization or against the association or organization by virtue of the volunteer’s act or omission in providing services or performing duties on behalf of the association or organization.

(11) (i) “Volunteer” means an officer, director, trustee, or other person who provides services or performs duties for an association or organization without receiving compensation.

(ii) In a health care malpractice action, “volunteer” does not include a provider of health care services or an employee who performs duties on behalf of a charitable organization.

(b) A volunteer is not liable in damages beyond the limits of any personal insurance the volunteer may have in any suit that arises from an act or omission of an officer, director, employee, trustee, or another volunteer of the association or organization for which the volunteer performs services, unless:

(1) The volunteer knew or should have known of an act or omission of a particular officer, director, employee, trustee, or another volunteer, and the volunteer authorizes, approves, or otherwise actively participates in that act or omission; or

(2) After an act or omission of a particular officer, director, employee, trustee, or another volunteer, the volunteer, with full knowledge of that act or omission, ratifies it.

(c) A volunteer is not liable in damages beyond the limits of any personal insurance the volunteer may have in any suit that arises from the volunteer’s act or omission in connection with any services provided or duties performed by the volunteer on behalf of the association or organization, unless an act or omission of the volunteer constitutes gross negligence, reckless, willful, or wanton misconduct, or intentionally tortious conduct.

(d) (1) This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a volunteer.

(2) This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law, to which a volunteer may be entitled.

(e) The provisions of this section do not apply to suits brought by the Attorney General upon referral by the Secretary of State in which willful violations of Title 6, Subtitles 3, 4, 5, and 6 of the Business Regulation Article are alleged and proven.

(f) This section may be cited as the Maryland Volunteer Service Act.