Md. Code, Courts and Judicial Proceedings § 5-418 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-418
§5–418.
Status: in_force

(a) The charter, as defined under § 1-101 of the Corporations and Associations Article, of a Maryland corporation may include any provision expanding or limiting the liability of its directors and officers to the corporation or its stockholders for money damages, but may not include any provision that restricts or limits the liability of its directors or officers to the corporation or its stockholders:

(1) To the extent that it is proved that the person actually received an improper benefit or profit in money, property, or services for the amount of the benefit or profit in money, property, or services actually received;

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

(3) With respect to any action described in subsection (b) of this section.

(b) This section does not apply to an action brought by or on behalf of a State governmental entity, receiver, conservator, or depositor against a director or officer of:

(1) A banking institution as defined in § 1-101 of the Financial Institutions Article;

(2) A credit union as described in § 6-301 of the Financial Institutions Article;

(3) A savings and loan association as defined in § 8-101 of the Financial Institutions Article; or

(4) A subsidiary of a banking institution, credit union, or savings and loan association described in this subsection.

(c) This section may not be construed to affect the liability of a person in any capacity other than the person’s capacity as a director or officer.
Md. Code, Corporations and Associations § 5-615 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-615
§5–615.
Status: in_force

(a) (1) Each incorporator of a cooperative shall be a member of the cooperative.

(2) A person other than an incorporator may become a member of the cooperative if the person agrees to use electricity or other services supplied by the cooperative when the electricity or services are made available through the cooperative’s facilities.

(b) The bylaws may provide additional qualifications for and limitations on membership.

(c) The membership of a member of a cooperative who agrees to use electricity shall terminate if:

(1) The member does not use electricity supplied by the cooperative within 6 months after it is made available to the member; or

(2) The cooperative does not make electricity available to the member within 2 years after the person becomes a member or within any shorter period provided by the bylaws of the cooperative.

(d) A husband and wife may hold a joint membership in a cooperative.

(e) Unless the bylaws provide otherwise, membership in a cooperative is not transferable.

(f) (1) A member of a cooperative is not liable for the debts of the cooperative.

(2) The property of a member of a cooperative is not subject to execution for the debts of the cooperative.
Md. Code, Business Occupations and Professions § 5-208 — MD Code / Article gbo / Title 5 / Subtitle 2 / Section 5-208
§5–208.
Status: in_force

(a) Except for the examination fees that the Board shall establish in amounts not to exceed the costs of the examinations, the Board may set by regulation reasonable fees for its services, including application fees, licensing fees, license renewal fees, license reinstatement fees, certification fees, permit fees, permit renewal fees, inspection fees, and any other fees necessary for the Board to carry out this title.

(b) The fees charged shall be:

(1) set so as to produce funds to approximate the cost of maintaining the Board; and

(2) based on the calculations performed by the Secretary under § 2–106.10 of the Business Regulation Article.

(c) The Board shall publish a schedule of fees set by the Board.

(d) (1) The Board shall pay all fees collected under this title to the Comptroller.

(2) The Comptroller shall distribute the fees to the State Barbers and Cosmetologists Boards’ Fund established in § 2–106.9 of the Business Regulation Article.
Md. Code, Housing and Community Development § 5-103 — MD Code / Article ghs / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) The Secretary shall appoint the Director of the Office.

(b) The Director:

(1) serves at the pleasure of the Secretary; and

(2) reports to the Secretary.
Md. Code, Commercial Law § 5-109 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-109
§5–109.
Status: in_force

(a) If a presentation is made that appears on its face strictly to comply with the terms and conditions of the letter of credit, but a required document is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant:

(1) The issuer shall honor the presentation, if honor is demanded by (i) a nominated person who has given value in good faith and without notice of forgery or material fraud, (ii) a confirmer who has honored its confirmation in good faith, (iii) a holder in due course of a draft drawn under the letter of credit which was taken after acceptance by the issuer or nominated person, or (iv) an assignee of the issuer’s or nominated person’s deferred obligation that was taken for value and without notice of forgery or material fraud after the obligation was incurred by the issuer or nominated person; and

(2) The issuer, acting in good faith, may honor or dishonor the presentation in any other case.

(b) If an applicant claims that a required document is forged or materially fraudulent or that honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently enjoin the issuer from honoring a presentation or grant similar relief against the issuer or other persons only if the court finds that:

(1) The relief is not prohibited under the law applicable to an accepted draft or deferred obligation incurred by the issuer;

(2) A beneficiary, issuer, or nominated person who may be adversely affected is adequately protected against loss that it may suffer because the relief is granted;

(3) All of the conditions to entitle a person to the relief under the law of this State have been met; and

(4) On the basis of the information submitted to the court, the applicant is more likely than not to succeed under its claim of forgery or material fraud and the person demanding honor does not qualify for protection under subsection (a)(1) of this section.
Md. Code, Business Regulation § 5-307 — MD Code / Article gbr / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) Unless a registration or permit is renewed as provided in this section, the registration or permit expires on the second anniversary of its effective date.

(b) (1) At least 90 days before a registration or permit expires, the Director shall mail or electronically transmit to the registrant or permit holder:

(i) a renewal application form; and

(ii) a notice that states:

1. the date on which the current registration or permit expires; and

2. the amount of the renewal fee.

(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Director as undeliverable, the Director shall mail to the registrant or permit holder, at the last known address of the registrant or permit holder, the materials required under paragraph (1) of this subsection within 10 business days of the date the Director received the notice that the electronic transmission was undeliverable.

(c) Before a registration or permit expires, the registrant or permit holder periodically may renew it for an additional 2-year term, if the registrant or permit holder:

(1) is otherwise entitled to be registered or to receive a permit;

(2) meets the qualifications set forth for an original registration or permit;

(3) pays the renewal fee set by the Director; and

(4) submits to the Director a renewal application on the form that the Director provides.

(d) The Director shall renew the registration or permit of each registrant or permit holder who meets the requirements of this section.
Md. Code, Housing and Community Development § 5-102 — MD Code / Article ghs / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) There is an Office of Tenant and Landlord Affairs in the Department.

(b) The purpose of the Office is to:

(1) ensure that tenants have access to educational resources to aid in understanding and exercising the tenants’ rights under State law;

(2) provide tenants with information on how to report a violation of their legal rights as tenants and facilitate referrals of reported violations to appropriate enforcement agencies;

(3) provide tenants with information on how to obtain financial counseling; and

(4) notify appropriate authorities regarding housing discrimination and other unfair or illegal housing practices.
Md. Code, Financial Institutions § 5-1009 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1009
§5–1009.
Status: in_force

(a) Subject to § 5-1012 of this subtitle, the Commissioner shall have the power to examine every branch of an other-state bank located in this State for the same purposes and to the same extent as the Commissioner may examine a branch of a banking institution.

(b) The Commissioner may enter into agreements with bank supervisory agencies regarding the scope, timing, coordination, and frequency of examinations and other supervisory matters, including the sharing of information obtained through examination of other-state banks that maintain branches in this State.

(c) Supervisory and examination fees related to the Commissioner’s oversight of Maryland branches of other-state banks and branches of banking institutions in other states may be imposed and shall be calculated in the manner agreed to between the Commissioner and the home state regulators.
Md. Code, General Provisions § 5-716 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-716
§5–716.
Status: in_force

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

(2) “Applicable contribution” means a political contribution or donation or series of political contributions or donations by a person or attributed to a person made to or for the benefit of an applicable recipient.

(3) “Applicable recipient” means a candidate for, or an official holding, the office of:

(i) Governor;

(ii) Lieutenant Governor;

(iii) Attorney General;

(iv) Comptroller; or

(v) member of the General Assembly.

(4) “Director” has the meaning stated in § 14–101 of the Election Law Article.

(a–1) This section does not apply to a nonprofit organization qualified under § 501(c)(3) of the Internal Revenue Code.

(b) A political contribution made to a political committee for an applicable recipient is deemed a political contribution to the applicable recipient.

(c) Subject to subsection (i) of this section, a person shall file a statement in accordance with this section if at any time during the reporting period the person spent at least $500 to provide compensation to one or more regulated lobbyists.

(d) A statement required under this section shall be filed with the State Board of Elections.

(e) (1) The reporting period is the 6–month period ending on either April 30 or October 31.

(2) The statement shall be filed on or before the last day of the month immediately following the day on which the reporting period ends.

(f) The statement required under this section shall be made under oath and state:

(1) the name of each applicable recipient to whom an applicable contribution was made or caused to be made during the reporting period and, if not previously reported, during the preceding reporting period;

(2) the office held or sought by each applicable recipient named in item (1) of this subsection;

(3) the aggregate contributions made to each applicable recipient named in item (1) of this subsection;

(4) the name of each regulated lobbyist employed or retained by the person filing the statement; and

(5) the name of the person who made the political contribution and the relationship of that person to the person filing the statement if a political contribution was made by another person but is attributed to the person filing the statement.

(g) If the person filing the statement is a business entity:

(1) (i) an applicable contribution made by an officer, a director, or a partner of the business entity shall be attributed to the business entity; and

(ii) a political contribution, regardless of amount, if made at the suggestion or direction of the business entity, by an officer, a director, a partner, an employee, an agent, or any other person, shall be attributed to the business entity;

(2) each officer, director, or partner of the business entity who makes or causes to be made an applicable contribution shall report the contribution to the chief executive officer of the business entity;

(3) each officer, director, partner, employee, agent, or other person who makes or causes to be made a political contribution, regardless of amount, at the suggestion or direction of the business entity shall report the political contribution to the chief executive officer of the business entity;

(4) applicable contributions made by, or caused to be made by, a subsidiary, at least 30% of the equity of which the business entity owns or controls, shall be attributed to the business entity; and

(5) if a subsidiary described in item (4) of this subsection made an expenditure to provide compensation to one or more regulated lobbyists, the expenditure shall be attributed to the business entity.

(h) (1) Notwithstanding subsection (g) of this section, a contribution made by an individual who serves as a trustee or member of the board of directors or as an officer of a nonprofit organization is not attributable to the organization, and the individual is not required to report the contribution to the chief executive officer of the organization, unless:

(i) the contribution is made on the recommendation of the nonprofit organization; or

(ii) the individual who made the contribution is paid by the nonprofit organization.

(2) The State Board of Elections shall adopt regulations that define “officer” for the purposes of this subsection.

(i) A person who files, under Title 14 of the Election Law Article, all information required by this section may satisfy the requirements of this section by submitting a notice to that effect on the form required by the State Board of Elections.

(j) The State Board of Elections shall:

(1) prepare and make available forms for the statement and notice required by this section;

(2) retain each statement filed under this section in the same manner and subject to the same standards of public access as a statement filed under Title 14 of the Election Law Article; and

(3) report any violation of this section to the Ethics Commission.

(k) The statement required under this section shall be filed in the manner required for statements filed under Title 14 of the Election Law Article.

(l) (1) A person required to file a statement under this section shall maintain detailed and accurate records of:

(i) contracts made by the person or attributed to the person that cause the person to provide compensation to the lobbyist; and

(ii) applicable contributions made by the person or attributed to the person.

(2) A person required to keep records under this subsection shall retain the records for 3 years after the creation of the record.

(m) (1) A person who knowingly and willfully fails to comply with the requirements of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both.

(2) If a person that violates this section is a business entity, each officer and partner of the business entity who knowingly authorized or participated in violating this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both.

(3) The State Board of Elections may impose fees for the late filing of a statement required under this section in the same manner as provided under § 14–107 of the Election Law Article.

(4) The State Board may impose a civil penalty in the same method and manner as provided under § 14–110 of the Election Law Article for the following violations:

(i) failure to report all applicable contributions made as required in subsection (f) of this section; and

(ii) failure to maintain detailed and accurate records as required in subsection (l) of this section.

(n) (1) A person may not willfully make a false, fraudulent, or misleading statement or entry in any filing that is under oath and is required by this section.

(2) A person may not make an electronic submission of a statement required under subsection (c) of this section or any other document required under this section on behalf of another person without that person’s express consent.

(3) A person who violates this subsection is guilty of perjury and on conviction is subject to the penalty provided under the Criminal Law Article.
Md. Code, Agriculture § 5-405.1 — MD Code / Article gag / Title 5 / Subtitle 4 / Section 5-405.1
§5–405.
Status: in_force

§5–405.1.

(a) Except as provided in subsection (b) of this section, at least 24 hours before the State, a county, or a bicounty agency sprays a pesticide to control mosquitos within a municipality, the State, county, or bicounty agency shall provide to the municipality notification of:

(1) The location of the spraying; and

(2) The planned date and time of the spraying.

(b) If the State, a county, or a bicounty agency determines that spraying a pesticide is necessary to control the outbreak of a virus, contagion, or similar public health threat, the State, county, or bicounty agency shall provide the notification required under subsection (a) of this section to the municipality as soon as practicable.
Md. Code, Corporations and Associations § 5-5A-19 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-19
§5–5A–19.
Status: in_force

(a) (1) Every cooperative shall hold at least an annual meeting of its members, or the delegates of its members, to elect directors and to transact any other business within its powers.

(2) The annual meeting shall be held at the time provided in the bylaws at the principal office or any other place as determined by the board of directors.

(b) (1) The board of directors may call a special meeting at any time.

(2) Ten percent of the members or a lesser number as provided in the bylaws may request a special meeting at any time by filing a petition which states the specific business to be brought before the meeting, and the board of directors shall then call the meeting.

(3) Two-thirds of the delegate body of the membership may call a special meeting of the membership at any time.

(c) Notice of each membership meeting shall be mailed to each member at least 15 but not more than 90 days before the meeting, and, if a special meeting is called, the notice shall state the purpose of the meeting.

(d) Unless the bylaws provide otherwise, a quorum is present:

(1) At a membership meeting if 5 percent of the members are present in person or present by mail ballot; and

(2) At a meeting of the delegates of the membership if 50 percent of the delegates are present in person.
Md. Code, Business Occupations and Professions § 5-601 — MD Code / Article gbo / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice cosmetology in the State unless licensed by the Board to practice cosmetology.
Md. Code, Education § 5-202 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

On or before December 1, 2021, and each December 1 thereafter, the Department shall submit to the Department of Budget and Management and the Department of Legislative Services the enrollment counts and other data necessary to calculate the funding formulas to implement the Blueprint for Maryland’s Future for the upcoming fiscal year.
Md. Code, State Finance and Procurement § 5-605 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

(a) On completion, the Secretary shall send to the Governor the Plan, any substantial part of the Plan, or any revision to the Plan.

(b) The Governor shall file with the Secretary of State the Plan, part of the Plan, or revision to the Plan, together with any comments made by the Governor, and, in that event:

(1) the Department shall make copies of the material filed available for general distribution or sale; and

(2) the Governor shall send copies of the material filed:

(i) to the head of each unit of the State government; and

(ii) subject to § 2-1257 of the State Government Article, to the General Assembly.
Md. Code, General Provisions § 5-502 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

(a) This section does not apply to members of the General Assembly.

(b) Except as provided in subsections (c) and (d) of this section, an official or employee may not:

(1) be employed by or have a financial interest in:

(i) an entity subject to the authority of that official or employee or of the governmental unit with which the official or employee is affiliated; or

(ii) an entity that is negotiating or has entered a contract with that governmental unit or an entity that is a subcontractor on a contract with that governmental unit; or

(2) hold any other employment relationship that would impair the impartiality and independent judgment of the official or employee.

(c) The prohibitions of subsection (b) of this section do not apply:

(1) to employment or a financial interest allowed by regulation of the Ethics Commission if:

(i) the employment does not create a conflict of interest or the appearance of a conflict of interest; or

(ii) the financial interest is disclosed;

(2) to a public official who is appointed to a regulatory or licensing unit in accordance with a statutory requirement that entities subject to the jurisdiction of the unit be represented in appointments to it;

(3) as allowed by regulations adopted by the Ethics Commission, to an employee whose government duties are ministerial, if the private employment or financial interest does not create a conflict of interest or the appearance of a conflict of interest; or

(4) to a member of a board who holds the employment or financial interest when appointed if the employment or financial interest is disclosed publicly to the appointing authority, the Ethics Commission, and, if applicable, the Senate of Maryland before Senate confirmation.

(d) (1) Subject to paragraph (2) of this subsection, the Ethics Commission may exempt a public official of an executive unit or an employee of an executive unit from the prohibitions of subsection (b) of this section if the Ethics Commission determines that:

(i) failure to grant the exemption would limit the ability of the State to:

1. recruit and hire highly qualified or uniquely qualified professionals for public service; or

2. assure the availability of competent services to the public; and

(ii) the number of exemptions granted under this subsection has not eroded the purposes of subsection (b) of this section or other provisions of this title.

(2) (i) The Ethics Commission may grant an exemption under paragraph (1) of this subsection only:

1. in extraordinary situations; and

2. on the recommendation of the Governor, at the request of the executive unit involved.

(ii) The Ethics Commission shall apply this subsection as consistently as possible under similar facts and circumstances.

(e) (1) The Ethics Commission shall make freely available on the Internet documentation of a disclosure under subsection (c)(4) of this section that is submitted to the Ethics Commission on or after January 1, 2019.

(2) An appointing authority shall promptly transmit a copy of a disclosure statement submitted to the appointing authority under subsection (c)(4) of this section to the Ethics Commission.

(f) (1) Notwithstanding §§ 5–301 and 5–303 of this title, if the Ethics Commission authorizes, by regulation, employment or a financial interest under subsection (c) of this section by the Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller, the Ethics Commission shall:

(i) promptly notify the Joint Ethics Committee; and

(ii) except as provided in paragraph (2) of this subsection, provide the Joint Ethics Committee a copy of any agreement or memorandum of understanding between the Ethics Commission and the State official or other summary of Ethics Commission advice associated with the exception.

(2) The Ethics Commission is not required to provide the Joint Ethics Committee with internal deliberative documents that the staff of the Ethics Commission provided to the Ethics Commission.
Md. Code, Health - General § 5-406 — MD Code / Article ghg / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

(a) (1) A public officer who has control of a body immediately shall notify the chairman of the Board if, after a reasonable search, the public officer has not found a person who will take control of the body for its final disposition.

(2) Subject to the limitations imposed on nursing homes under § 10–214 of the Human Services Article, any other person who has control of a body may notify the Board if, after a reasonable search, the person has not found a person who will take control of the body for its final disposition.

(b) (1) Subject to the time limitations in this subsection, when the Board is notified of the existence of a body, the Board may remove the body to a morgue in Baltimore City that the Board designates for that purpose.

(2) If the person who notifies the Board can refrigerate the body suitably, the body may be removed only at the expiration of 72 hours after death.

(3) If the person who notifies the Board cannot refrigerate the body suitably, the body may be removed as soon as feasible after death, and, on arrival at the morgue, shall be refrigerated until the expiration of 72 hours after death.

(c) (1) On expiration of 72 hours after death, the body shall be under the exclusive control of the Board and may be embalmed.

(2) If the body is embalmed, it shall be embalmed in a proper manner by an individual whom the Board designates.

(3) Any relative or friend of the deceased may claim the body and, on payment to the Board of its cost of moving and embalming the body, shall receive it.

(4) The Board may waive its costs under this section upon a showing of hardship by the relative or friend.
Md. Code, Criminal Law § 5-709 — MD Code / Article gcr / Title 5 / Subtitle 7 / Section 5-709
§5–709.
Status: in_force

(a) In this section, “distribute” includes actual, constructive, or attempted transfer, exchange, or delivery, regardless of remuneration or agency relationship.

(b) A person may not distribute or possess with intent to distribute to another a substance listed in § 5-708 of this subtitle:

(1) with the intent to induce unlawful inhaling of the substance; or

(2) with the knowledge that the other will unlawfully inhale the substance.

(c) A person may not:

(1) instruct another in the practice of inhaling or smelling that is prohibited under § 5-708(b) of this subtitle; or

(2) distribute a butane canister to a minor.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $1,000 or both.
Md. Code, Real Property § 5-108 — MD Code / Article grp / Title 5 / Subtitle 1 / Section 5-108
§5–108.
Status: in_force

Nothing in this title may be construed as negating any additional requirement of this article for the effective granting of estates or interests in land.
Md. Code, Corporations and Associations § 5-323 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-323
§5–323.
Status: in_force

The members of a religious corporation formed by a church under this part are the members of the charge conference of that church.
Md. Code, Financial Institutions § 5-403 — MD Code / Article gfi / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

(a) Subject to this section, a banking institution may have an affiliate that:

(1) Provides a financial, fiduciary, or insurance service to the banking institution, its other affiliates, or the public; or

(2) If it is an affiliate under § 5–401(b)(1)(i) of this subtitle, conducts an activity that is permissible for a banking institution.

(b) Except as provided in subsections (d) and (e) of this section, a banking institution that intends to acquire or establish an affiliate, or to conduct a new activity in an existing affiliate, shall apply to and receive the prior approval of the Commissioner.

(c) On application of the banking institution, an affiliate shall be approved if:

(1) The Commissioner determines that the approval is:

(i) Reasonably required to protect the welfare of the general economy of this State and of the banking institution; or

(ii) Not detrimental to the public interest or to the banking institution;

(2) The approval imposes the same conditions that federal law requires or permits as to a national banking association; and

(3) The transaction complies with the rules, regulations, and conditions that the Commissioner adopts.

(d) Except as provided in subsection (e) of this section, if a banking institution is rated CAMELS 1 or 2 and remains well capitalized in accordance with the requirements of the Federal Deposit Insurance Act, the banking institution may acquire or establish an affiliate, or conduct a new activity in an existing affiliate if:

(1) Within 10 days after acquiring or establishing the affiliate or commencing the activity, the banking institution provides notice to the Commissioner of the acquisition or establishment of the affiliate or the activity; and

(2) The affiliate only engages in any of the following activities:

(i) Holding and managing assets acquired by the banking institution through foreclosure or otherwise in good faith to compromise a doubtful claim, or in the ordinary course of collecting a debt previously contracted;

(ii) Providing direct services to the banking institution or other affiliates;

(iii) Making, purchasing, selling, or servicing for others loans or other extensions of credit; or

(iv) Leasing personal property.

(e) No application or notice is required if the activities of a new affiliate:

(1) Are limited to those activities previously reported by the banking institution to the Commissioner in connection with the establishment or acquisition of a prior affiliate;

(2) Continue to be legally permissible for banking institutions; and

(3) Will be conducted subject to the same conditions imposed by the Commissioner for the prior affiliate.

(f) All activities and the establishment or acquisition of an affiliate under subsection (d) of this section are subject to:

(1) The same conditions that federal law requires or permits as to a national banking association; and

(2) The rules, regulations, and conditions that the Commissioner adopts.
Md. Code, Family Law § 5-351 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-351
§5–351.
Status: in_force

(a) Consent of a party to an adoption under this Part IV of this subtitle is not valid unless:

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

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

(i) is given before a judge on the record; or

(ii) is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;

(3) the consent names the child;

(4) the consent contains enough information to identify the prospective adoptive parent; and

(5) the party has received written notice or on-the-record notice of:

(i) the revocation provisions in this section;

(ii) the search rights of adoptees and parents under § 5-359 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and

(iii) the right to file a disclosure veto under § 5-359 of this subtitle.

(b) A guardian may revoke consent to an adoption under this Part IV of this subtitle at any time before a juvenile court enters an order of adoption under this Part IV of this subtitle.

(c) A child may revoke consent to an adoption under this Part IV of this subtitle at any time before a juvenile court enters an order of adoption under this Part IV of this subtitle.
Md. Code, Education § 5-604 — MD Code / Article ged / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

Bonds issued under this subtitle are exempt from State, county, and municipal taxation.
Md. Code, State Government § 5-102.1 — MD Code / Article gsg / Title 5 / Subtitle 1 / Section 5-102.1
§5–102.
Status: in_force

§5–102.1.

(a) In addition to the bond or insurance policy required under § 5–102 of this subtitle, the State Treasurer shall be covered by a surety bond or an insurance policy meeting the requirements of this section.

(b) A surety bond purchased to meet the requirements of subsection (a) of this section shall:

(1) be conditioned on the faithful performance of the duties of the State Treasurer as custodian of the Unemployment Insurance Fund;

(2) run to the State;

(3) be in an amount that the Secretary approves; and

(4) be in a form required by law or approved by the Attorney General.

(c) An insurance policy purchased to meet the requirements of subsection (a) of this section shall be of the type and in the amount of coverage determined by the State Treasurer, in consultation with the Secretary of Labor.
Md. Code, Courts and Judicial Proceedings § 5-519 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-519
§5–519.
Status: in_force

Section 16-107 of the Education Article does not prevent a board of community colleges trustees, described under Title 16, Subtitle 1 of the Education Article, on its own behalf, from raising the defense of sovereign immunity to any amount of a claim in excess of the limit of an insurance policy or in excess of $100,000 in the case of self-insurance.
Md. Code, Environment § 5-911 — MD Code / Article gen / Title 5 / Subtitle 9 / Section 5-911
§5–911.
Status: in_force

(a) (1) The enforcement provisions in this section are in addition to any other applicable provisions in this title.

(2) In addition to the enforcement authority granted the Department, the enforcement provisions of this section may be exercised by any county that has program delegation authority.

(b) The Department may revoke a permit for cause, including violation of permit conditions, obtaining a permit by misrepresentation, failing to disclose a relevant or material fact, or change in conditions. The Department shall notify the violator in writing and provide an opportunity for a hearing.

(c) The Department may issue a stop work order against any person who violates any provision of this subtitle or any regulation, order, or permit under this subtitle related to a regulated activity.

(d) (1) A person who violates any provision of this subtitle or any regulation, order, or permit under this subtitle is liable for a penalty not exceeding $10,000, which may be recovered in a civil action brought by the Department. Each day a violation continues is a separate violation under this subsection.

(2) The court may issue an injunction requiring the person to cease the violation and restore the area unlawfully disturbed.

(e) (1) A person who violates any provision of or fails to perform any duty imposed by this subtitle or by a regulation, order, or permit under this subtitle is guilty of a misdemeanor and on conviction is subject to:

(i) For a first offense, a fine not exceeding $10,000; or

(ii) For a second or subsequent offense, a fine not exceeding $25,000.

(2) The court may order the person to restore the area unlawfully disturbed.
Md. Code, Courts and Judicial Proceedings § 5-610 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

A law enforcement officer who responds to a request under § 4-502 of the Family Law Article for assistance by an individual who alleges to have been a victim of spousal assault shall be immune from civil liability in complying with the request if the law enforcement officer acts in good faith and in a reasonable manner.
Md. Code, State Personnel and Pensions § 5-303 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

The Secretary shall adopt regulations for processing and resolving complaints brought under this subtitle.
Md. Code, Economic Development § 5-2301 — MD Code / Article gec / Title 5 / Subtitle 23 / Section 5-2301
§5–2301.
Status: in_force

§5–2301. IN EFFECT

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

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

(b) “Fund” means the Build Our Future Grant Fund.

(c) “Program” means the Build Our Future Grant Pilot Program.
Md. Code, Environment § 5-910 — MD Code / Article gen / Title 5 / Subtitle 9 / Section 5-910
§5–910.
Status: in_force

(a) The General Assembly declares that:

(1) In the application review process, one of the primary mitigation issues is locating the most beneficial area to conduct wetland restoration, creation, or enhancement;

(2) Where unavoidable losses or degradations occur as a result of permitted human activity, there exists a sequential process for mitigation site location which includes consideration of on–site alternatives where it may be environmentally preferable;

(3) Mitigation banking, which allows a person to restore, enhance, or create a functional wetland ecosystem, may offer a sound mitigation alternative and may provide an opportunity to contribute to the goal of no net loss in wetlands acreage and function; and

(4) Mitigation banking may not alter the regulatory requirements of § 5–907 of this subtitle.

(b) The Department shall develop standards and adopt regulations for the creation of wetland mitigation banks, including:

(1) The types and locations of wetlands to be restored, created, or enhanced and the types and locations of wetlands to be filled for which a person may obtain credit through a mitigation bank;

(2) The types and number of credits available through the bank to offset losses by acreage and by function of a wetland to be filled;

(3) The method of wetland construction, supervision, and maintenance to be required of a bank owner seeking to obtain credit for use of the bank;

(4) Maintenance requirements;

(5) Monitoring requirements;

(6) Bonding requirements, to include assurance of wetland function;

(7) Reporting requirements to the Department;

(8) Consistency with developed watershed plans, forest conservation, local growth management policies, and local comprehensive plans;

(9) Requirements for the protection in perpetuity of mitigation banks, through methods that include easements, covenants, or similar mechanisms, that shall be in place at the time credits are withdrawn; and

(10) Public notice and comment requirements, including opportunity for public review and comment on any specific wetland bank.

(c) The standards and regulations adopted by the Department under this section shall ensure that:

(1) The provisions of § 5–907 of this subtitle, including the avoidance, alternative analysis, and minimization of disturbance of nontidal wetlands, are fully adhered to;

(2) The goals of § 5–902 of this subtitle to attain no net overall loss in nontidal wetland acreage and function and to strive for a net resource gain are achieved;

(3) The potential for on–site mitigation is considered whenever it may be environmentally preferable;

(4) Mitigation through a mitigation bank shall be accomplished in service areas:

(i) Determined by the Department in coordination with an interagency review team; and

(ii) That are consistent with federal guidelines; and

(5) For purposes of item (4) this subsection, a service area:

(i) Is the same 8 digit hydrologic unit code watershed in which the mitigation bank is located; and

(ii) May be expanded to include other 8 digit hydrologic unit code watersheds if environmentally justified.

(d) (1) This section may not be construed to require the Department to:

(i) Establish or fund State mitigation banks;

(ii) Fund the establishment of mitigation banking by the private sector; or

(iii) Use State lands for mitigation banking.

(2) The Department may establish mitigation banking through and with the cooperation of the private sector and may use State lands for mitigation banking sites.
Md. Code, Education § 5-110 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-110
§5–110.
Status: in_force

(a) In this section, “performance audit” means an assessment of an entity’s or program’s practices to determine whether the entity or program is operating economically and efficiently and whether corrective actions for improving its performance are appropriate.

(b) In the absence of an agreement between a county governing body and a county school board, the Department at the request of the county governing body shall contract for a performance audit of the county public school system to address the issues raised in the county’s request.

(c) The Department shall make reasonable efforts to ensure that a performance audit under this section is completed and the results of the audit are made available to the county board in time to be considered by the county board in the preparation of its budget for the next fiscal year.

(d) The cost of a performance audit under this section shall be shared equally between the county governing body and the county board.

(e) A performance audit for which the Department contracted under subsection (b) of this section:

(1) Shall be conducted in accordance with generally accepted government auditing standards; and

(2) May not include an assessment or evaluation of a county board’s efforts to meet the standards of the Maryland School Performance Program.

(f) Nothing in this section prevents a county governing body and a county school board from making an agreement to perform or contract for a performance audit of school board functions, including an agreement involving the scope of the performance audit or the responsibility for the funding of the performance audit.
Md. Code, Environment § 5-904 — MD Code / Article gen / Title 5 / Subtitle 9 / Section 5-904
§5–904.
Status: in_force

(a) (1) The Department may delegate all or part of its authority under this subtitle to any county that enacts a nontidal wetland protection program by December 31, 1994 that meets at least the minimum standards adopted by the Department.

(2) (i) After December 31, 1994, the Department may delegate all or part of its authority under this subtitle to a county that applies to the Department to initiate a nontidal wetland protection program and meets at least the minimum standards adopted by the Department.

(ii) The Department shall establish a schedule for acceptance of applications from counties to initiate programs under this paragraph that provides a limited period of time once every 2 years for counties to submit their applications to the Department.

(3) A delegation in accordance with this subsection:

(i) May not be effective for more than 2 years; and

(ii) May be renewed by the Department for additional 2-year periods.

(4) After an opportunity for a hearing and upon a finding that the county program is not being administered in a manner consistent with the standards adopted by the Department, the Department may withdraw program delegation.

(b) Any regulated activity undertaken by a unit of State government shall comply with the provisions of this subtitle, including the provisions of this subtitle requiring the issuance of a nontidal wetland permit by the Department. The unit is not required to have local government approval.
Md. Code, Natural Resources § 5-704 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

(a) Any individual or corporation that willfully, maliciously, or with intent, sets on fire, or causes to be set on fire, any woods, brush, grass, grain, or stubble is guilty of a misdemeanor and upon conviction is subject to a fine not less than $250 nor exceeding $2,000, or imprisonment for not less than 30 days nor exceeding five years, or both with costs imposed in the discretion of the court.

(b) An individual or corporation may not carelessly or negligently set on fire, or cause to be set on fire any woods, brush, grass, grain, or stubble. Setting a fire contrary to the provisions of this subsection is prima facie proof of carelessness or neglect within the meaning of this subsection. The landowner from whose land the fire originated also is liable in a civil action for damages for injury resulting from the fire, and for the cost of fighting and extinguishing the fire, unless the landowner can prove to the satisfaction of the court before which the case is tried that the injury complained of was suffered without any negligence on the part of the owner or the owner’s agents.

(c) Any person who discovers a forest or brush fire not under the control of some person shall extinguish it or report it to the local fire warden.

(d) The provisions of this section do not contravene other provisions of law relating to the liability for fires of railroad companies.
Md. Code, Agriculture § 5-107.1 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-107.1
§5–107.
Status: in_force

§5–107.1.

(a) Instead of refusing or cancelling a registration, the Secretary may impose an administrative penalty on any person who violates any provision of this subtitle.

(b) The penalty imposed under this section may not exceed $2,000.

(c) All penalties collected under this section shall be paid into the State Chemist Fund under § 6–501 of this article.

(d) The Secretary shall adopt regulations necessary to implement the provisions of this section.
Md. Code, Business Occupations and Professions § 5-506 — MD Code / Article gbo / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

(a) Unless a beauty salon permit is renewed for a 2-year term as provided in this section, the permit expires on the first October 31 that comes:

(1) after the effective date of the permit; and

(2) in an odd-numbered year.

(b) (1) At least 1 month before a beauty salon permit expires, the Board shall mail or electronically transmit to the beauty salon permit holder:

(i) a renewal application form; and

(ii) a notice that states:

1. the date on which the current permit expires; and

2. the amount of the renewal fee.

(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the beauty salon permit holder, at the last known address of the beauty salon permit holder, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(c) Before a beauty salon permit expires, the beauty salon permit holder periodically may renew it for an additional 2-year term, if the holder:

(1) otherwise is entitled to hold the permit;

(2) pays to the Board a renewal fee established by the Board in accordance with the provisions of § 5-205 of this title; and

(3) submits to the Board a renewal application on the form that the Board provides.

(d) The Board shall renew the beauty salon permit of and issue a renewal certificate to each beauty salon permit holder who meets the requirements of this section.

(e) The Secretary may determine that permits issued under this subtitle shall expire on a staggered basis.
Md. Code, Natural Resources § 5-418 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-418
§5–418.
Status: in_force

(a) The Department may examine an applicant for license as a tree expert and pass upon the competence of the applicant. It shall issue a “tree expert” license to any applicant, who:

(1) Pays the fee provided in § 5–419 of this subtitle;

(2) Has attained 18 years of age;

(3) (i) Has had 2 years of approved college education in forestry, arboriculture, horticulture, applied agricultural sciences, or the equivalent education and a minimum of 1 year of experience with a licensed tree expert in Maryland or with an acceptable tree expert company in another state; or

(ii) For at least 3 years immediately preceding the date of application has been engaged continuously in practice as a tree expert with a licensed tree expert in Maryland or with an acceptable tree expert company in another state; and

(4) Has passed the examination given by the Department.

(b) Every licensee shall carry and show proof of liability and property damage insurance, in the form and amount required by the Department at the time it issues the license. The licensee shall maintain the insurance protection for the period the license is in effect.
Md. Code, Alcoholic Beverages and Cannabis § 5-102 — MD Code / Article gab / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

This subtitle applies to corporations, partnerships, trusts, agencies, and other entities and to persons who are officers, directors, and other individuals in active control of the activities of a corporation, a partnership, a trust, an agency, or any other entity.
Md. Code, State Finance and Procurement § 5A-310 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-310
§5A–310.
Status: in_force

(a) There is a Maryland Historical Trust.

(b) (1) The Trust is an instrumentality of the State, is a body corporate, and has perpetual existence.

(2) The General Assembly may terminate the Trust if the purposes of the Trust end.
Md. Code, Criminal Law § 5-806 — MD Code / Article gcr / Title 5 / Subtitle 8 / Section 5-806
§5–806.
Status: in_force

The Department, the Attorney General, and the State’s Attorney for a county may apply to the appropriate court for a temporary or permanent injunction to restrain a person from violating this title:

(1) whether or not an adequate remedy at law exists;

(2) in addition to the other remedies provided by this title; and

(3) notwithstanding any other law.
Md. Code, Education § 5-241 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-241
§5–241.
Status: in_force

The Governor shall include in the annual budget bill funding sufficient to carry out the Blueprint for Maryland’s Future in accordance with the following sections:

(1) §§ 5–411 and 5–412 of this title;

(2) §§ 6–122, 6–124, 6–1008, and 6–1011 of this article;

(3) §§ 7–202.1, 7–205.1, and 7–446.1 of this article; and

(4) § 21–207 of this article.
Md. Code, Family Law § 5-3A-24 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-24
§5–3A–24.
Status: in_force

If a petitioner becomes aware, after a court rules on a petition, that a condition of consent under § 5-3A-18(b) of this subtitle cannot be fulfilled, the petitioner promptly shall:

(1) file notice with the court;

(2) give notice to all of the other parties;

(3) if consent was received from a governmental unit or person who is not a party, give notice to that unit or person; and

(4) (i) if the unit or person enters into a new consent, file the consent with the court;

(ii) if the unit or person fails to enter into a new consent, ask the court to set aside the guardianship order; or

(iii) if the unit or person cannot be located after exhaustion of the service requirements under § 5-3A-15 of this subtitle, ask the court to determine whether it is in the child’s best interests to continue the guardianship despite the inability to fulfill the condition.
Md. Code, Family Law § 5-1206 — MD Code / Article gfl / Title 5 / Subtitle 12 / Section 5-1206
§5–1206.
Status: in_force

(a) On or before December 15, 2000, and annually thereafter until December 15, 2007, the Secretary of Human Services and the Secretary of Health shall report to the Governor and, subject to § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee, the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, and the House Health and Government Operations Committee, on their progress in complying with the provisions of this subtitle.

(b) The report shall compare the availability of substance abuse treatment slots for at–risk parents and their children relative to actual demand and estimated need.
Md. Code, General Provisions § 5-824 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-824
§5–824.
Status: in_force

(a) In this section, as to the Washington Suburban Transit Commission, “commissioner” includes the members appointed from Montgomery County or Prince George’s County and the members appointed by the Governor.

(b) (1) Each commissioner and each applicant for appointment to a bicounty commission shall file the financial disclosure statement required by § 5–601(a) of this title, except that:

(i) references to “business with the State” are deemed to refer to “business with the State, the appropriate bicounty commission, Montgomery County, or Prince George’s County”; and

(ii) references to “employed by the State” are deemed to refer to “employed by the State, the appropriate bicounty commission, Montgomery County, or Prince George’s County”.

(2) Except as otherwise provided in this section, the statement shall be filed as required in § 5–602 of this title.

(c) (1) Each commissioner shall file a financial disclosure statement electronically with the Ethics Commission.

(2) Except as provided in paragraph (3) of this subsection, each commissioner shall also print a paper copy of the electronically filed financial disclosure statement and submit it to the chief administrative officer of the county from which the commissioner is appointed.

(3) In Montgomery County, each commissioner shall also:

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

(ii) electronically submit a copy of the financial disclosure to the county council.
Md. Code, Courts and Judicial Proceedings § 5-701 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

There shall be no liability on the part of and no cause of action of any nature shall arise against an insurer reporting under § 4-401 of the Insurance Article or its agents or employees, the Board of Physicians or its representatives, or any appropriate licensing board for health care providers for any action taken by them under § 4-401 of the Insurance Article.
Md. Code, Corporations and Associations § 5-5A-05 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-05
§5–5A–05.
Status: in_force

(a) A cooperative may be formed as a stock corporation or as a nonstock corporation.

(b) Membership interests may be evidenced by certificates of stock, certificates of membership, or notification of credit to a member’s capital or ownership account.
Md. Code, Health - General § 5-302 — MD Code / Article ghg / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) There is an Office of the Chief Medical Examiner in the Department.

(b) The Office shall:

(1) As allowed by staffing, advance forensic science through medical education and research; and

(2) Carry out any other duty established in law.
Md. Code, Economic Development § 5-529 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-529
§5–529.
Status: in_force

The Treasurer shall report each year to the Authority on:

(1) the status of the money invested under § 5-521 of this subtitle;

(2) the market value of the assets in the Fund as of the date of the report; and

(3) the interest received from investments during the period covered by the report.
Md. Code, Public Safety § 5-128 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-128
§5–128.
Status: in_force

(a) Subsection (b) of this section does not apply to:

(1) a law enforcement agency;

(2) an agency authorized to perform law enforcement duties;

(3) a State or local correctional facility;

(4) a private security company licensed to do business in the State;

(5) the purchase of an antique firearm;

(6) a purchase by a licensee;

(7) the exchange or replacement of a regulated firearm by a seller for a regulated firearm purchased from the seller by the same person seeking the exchange or replacement within 30 days immediately before the exchange or replacement; or

(8) a person whose regulated firearm is stolen or irretrievably lost and who considers it essential that the regulated firearm be replaced immediately, if:

(i) the person provides the licensee with a copy of the official police report or an official summary of the report, a copy of which shall be attached to the firearm application;

(ii) the official police report or official summary of the report contains the name and address of the regulated firearm owner, a description of the regulated firearm, the location of the loss or theft, the date of the loss or theft, and the date when the loss or theft was reported to the law enforcement agency; and

(iii) the loss or theft occurred within 30 days before the person’s attempt to replace the regulated firearm, as reflected by the date of loss or theft on the official police report or official summary of the report.

(b) A person may not purchase more than one regulated firearm in a 30-day period.

(c) A licensee or other person may not sell, rent, or transfer a regulated firearm to a firearm applicant whose firearm application is placed on hold because of an open disposition of criminal proceedings against the firearm applicant or disapproved, unless the hold or disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with § 5-127 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, General Provisions § 5-209 — MD Code / Article ggp / Title 5 / Subtitle 2 / Section 5-209
§5–209.
Status: in_force

(a) The Ethics Commission may exempt from this title or modify the requirements of this title for a board, a member of a board, or a municipal corporation if the Ethics Commission finds that, because of the nature of the board or the size of the municipal corporation, the application of this title to that board, member, or municipal corporation:

(1) would be an unreasonable invasion of privacy;

(2) would reduce significantly the availability of qualified individuals for public service; and

(3) is not necessary to preserve the purposes of this title.

(b) Subject to § 5–502(d) of this title, the Ethics Commission may grant an exemption to a board or member of a board only on written request of the executive unit of which the board is a part.

(c) Notwithstanding any other provision of this title, the records of the Ethics Commission in any matter in which an exemption is granted under this title shall be available for public inspection.
Md. Code, Estates and Trusts § 5-501 — MD Code / Article get / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

A foreign personal representative is not required to take out letters in the State.
Md. Code, Insurance § 5-1001 — MD Code / Article gin / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: in_force

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

(b) “Subject of insurance” includes, as to insurance against fire and hazards other than windstorm, earthquake, or other catastrophe hazards, all properties that:

(1) are insured by the same insurer; and

(2) customarily are considered by underwriters to be subject to loss or damage from the same fire or the same occurrence of the hazard insured against.

(c) “Surplus to policyholders” means an insurer’s capital, surplus, and voluntary reserves.
Md. Code, Corporations and Associations § 5-125 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-125
§5–125.
Status: in_force

(a) Except as provided in subsection (c) of this section, a foreign professional corporation may not transact business in the State until it obtains a certificate of authority from the Department.

(b) A foreign professional corporation may obtain a certificate of authority if:

(1) Unless the licensing unit approves the use of a different name, the name of the corporation satisfies the requirements of §§ 5-106 through 5-108 of this subtitle and the name is the same as the corporate name contained in the articles of incorporation;

(2) The corporation is incorporated for one or more of the purposes described in § 5-103 of this subtitle; and

(3) All of the stockholders, a majority of the directors, and all of the officers of the corporation, other than the secretary and treasurer, are licensed in one or more states to render a professional service described in the articles of incorporation.

(c) (1) A foreign professional corporation is not required to obtain a certificate of authority to transact business in the State unless the corporation would be required to qualify under § 7-203 of this article if it were a business corporation.

(2) In the event that a certificate of authority is not required under paragraph (1) of this subsection, a foreign professional corporation must register with the Department under § 7-202 of this article.
Md. Code, State Finance and Procurement § 5-7B-06 — MD Code / Article gsf / Title 5 / Subtitle 7B / Section 5-7B-06
§5–7B–06.
Status: in_force

(a) The State may provide funding for a growth–related project not in a priority funding area without receiving approval from the Board of Public Works as provided under § 5–7B–05 of this subtitle for:

(1) a project that is required to protect public health or safety;

(2) a project involving federal funds, to the extent compliance with this subtitle would conflict or be inconsistent with federal law;

(3) a growth–related project related to a commercial or industrial activity which, due to its operational or physical characteristics, shall be located away from other development, including:

(i) a natural resource based industry;

(ii) an industry relating to:

1. agricultural operations, as defined in § 7–101 of the Labor and Employment Article;

2. forestry activities; or

3. mineral extraction;

(iii) an industry that is proximate to:

1. an airport facility;

2. a port facility;

3. a railroad facility;

4. a transit facility; or

5. a major highway interchange; or

(iv) a tourism facility or museum that is required to be located away from other development due to necessary proximity to specific historic, natural, or cultural resources; or

(4) a growth–related project involving funding for a project under:

(i) § 7–314 of this article;

(ii) Title 5, Subtitle 3, Subtitle 4, or Subtitle 5 of the Economic Development Article; or

(iii) Title 6, Subtitle 2 or Subtitle 3 of the Housing and Community Development Article.

(b) A procedure for notification, review, and comment on exceptions proposed under this section shall be established jointly by the applicable State agency and the Department of Planning.
Md. Code, Natural Resources § 5-2A-01 — MD Code / Article gnr / Title 5 / Subtitle 2A / Section 5-2A-01
§5–2A–01.
Status: in_force

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

(b) “Commission” means the Parks and Recreation Commission.

(c) “Park Service” means the Maryland Park Service.
Md. Code, Criminal Procedure § 5-207 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) If a defendant is found guilty in a circuit court and sentenced to imprisonment, a bond on which the defendant was released before the sentencing is terminated.

(b) If the defendant files a notice of appeal and the sentencing court requires a bond to be posted, the defendant shall post a new bond.
Md. Code, Criminal Law § 5-624 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-624
§5–624.
Status: in_force

(a) In this section, “drug” does not include alcohol.

(b) A person may not administer a controlled dangerous substance or other drug to another without that person’s knowledge and commit against that other:

(1) a crime of violence as defined in § 14-101 of this article; or

(2) a sexual offense in the third degree under § 3-307 of this article.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation of this section.
Md. Code, Corporations and Associations § 5-617 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-617
§5–617.
Status: in_force

(a) (1) Except as otherwise provided in this subtitle, notice of each meeting of the members shall be mailed or provided by electronic transmission to each member not less than 10 days or more than 90 days before the date of the meeting.

(2) The notice shall state:

(i) For a meeting that will be held in person or with a combination of in–person and virtual attendance, the time and place of the meeting;

(ii) For a meeting that will be held virtually or with a combination of in–person and virtual attendance, the time of and instructions for attending the meeting; and

(iii) For a special meeting, the purpose of the meeting.

(b) (1) A person entitled to notice of a meeting may waive notice in writing or by electronic transmission either before or after the meeting.

(2) If a person entitled to notice of a meeting attends the meeting, the person’s presence shall constitute a waiver of notice of the meeting, unless the person participates in the meeting solely to object to the transaction of any business because the meeting has not been legally called or convened.
Md. Code, Family Law § 5-3B-27 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-27
§5–3B–27.
Status: in_force

(a) (1) This section applies only to an adoption by:

(i) an individual who is the spouse of the prospective adoptee’s mother at the time of the prospective adoptee’s conception or birth; or

(ii) an individual who, together with the prospective adoptee’s mother, consented to the conception of the prospective adoptee by means of assisted reproduction with the shared express intent of being parents of the prospective adoptee.

(2) This section does not apply to a nonconsensual adoption under § 5–3B–22 of this subtitle.

(b) In a proceeding under this section, the petitioner shall file, together with the petition for adoption:

(1) (i) for an adoption described in subsection (a)(1)(i) of this section, a copy of the petitioner’s and prospective adoptee’s mother’s marriage certificate; or

(ii) for an adoption described in subsection (a)(1)(ii) of this section, evidence of the parties’ shared express intent to become parents of the child by means of assisted reproduction, including a copy of any written agreement consenting to the conception of the prospective adoptee by means of assisted reproduction;

(2) a copy of the prospective adoptee’s birth certificate; and

(3) a statement explaining the circumstances of the prospective adoptee’s conception in detail sufficient to identify any individual who may be entitled to notice or whose consent may be required under this subtitle.

(c) (1) In ruling on a petition for adoption under this section, the court may not require an investigation under § 5–3B–16 of this subtitle or a hearing under § 5–3B–17 of this subtitle, except for good cause.

(2) The court may hold a hearing to determine whether there are additional individuals who may be entitled to notice or whose consent may be required under this subtitle if the court is not satisfied from the pleadings that the appropriate notice or consent has been provided.

(d) The court shall enter an order for adoption under this section on finding that:

(1) (i) the petitioner was married to the prospective adoptee’s mother at the time of the prospective adoptee’s birth; or

(ii) the petitioner and the prospective adoptee’s mother consent to the conception of the child by means of assisted reproduction with the shared express intent to be parents of the child;

(2) each of the prospective adoptee’s living parents, as defined in § 5–3B–01 of this subtitle, and any known gamete donor have consented to the adoption:

(i) in writing; or

(ii) by failure to file timely notice of objection after being served with a show–cause order in accordance with this subtitle; and

(3) the adoption is in the best interest of the child.

(e) (1) An order for adoption granted under this section is confirmation of parentage established under § 1–206(b) or § 1–208(b)(2) of the Estates and Trusts Article.

(2) This section may not be construed to require an individual who is a parent of a child under § 1–206 or § 1–208 of the Estates and Trusts Article to adopt the child.

(3) Unless a prospective adoptee’s living parent consents to the termination of the parent’s parental duties, obligations, or rights, an order for adoption granted under this section does not terminate the parental duties, obligations, or rights.
Md. Code, Economic Development § 5-1602 — MD Code / Article gec / Title 5 / Subtitle 16 / Section 5-1602
§5–1602.
Status: in_force

(a) There is a Make Office Vacancies Extinct Program in the Department.

(b) The purpose of the Program is to encourage the location of new businesses in the State in counties that provide comparable office space support to the businesses.
Md. Code, Insurance § 5-902 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-902
§5–902.
Status: in_force

(a) This subtitle does not apply to wet marine and transportation insurance.

(b) All laws or parts of laws of the State that are inconsistent with this subtitle are superseded to the extent of the inconsistency.
Md. Code, Family Law § 5-517 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-517
§5–517.
Status: in_force

A person authorized to make a placement who is aggrieved by a decision of a child placement agency that has a delegated authority to issue or approve a license under this subtitle may appeal the decision to the administrative appellate authority designated by regulation.
Md. Code, Corporations and Associations § 5-651 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-651
§5–651.
Status: in_force

A person who is authorized to take acknowledgments under the laws of the State may not be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which a cooperative is a party because the person is an officer, director, or member of the cooperative.
Md. Code, Criminal Law § 5-809 — MD Code / Article gcr / Title 5 / Subtitle 8 / Section 5-809
§5–809.
Status: in_force

Notwithstanding any other law, at a hearing relating to bail or sentencing arising out of a violation or alleged violation of this title, hearsay evidence is admissible if:

(1) the hearsay is relevant to the issue; and

(2) the underlying circumstances on which the hearsay is based and the reliability of the source of the information are demonstrated.
Md. Code, Courts and Judicial Proceedings § 5-414 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-414
§5–414.
Status: in_force

An association or organization participating or interested in a labor dispute, as those terms are defined under the Labor and Employment Article, or an officer or member of the association or organization, may not be held responsible or liable in a civil action at law or suit in equity, or in any criminal prosecution, for the unlawful acts of individual officers, members, or agents, except on proof by the weight of evidence and without the aid of any presumptions of law or fact, both of:

(1) The doing of the unlawful acts by persons who are officers, members, or agents of the association or organization; and

(2) Actual participation in, actual authorization of, or ratification of, the unlawful acts after actual knowledge of the unlawful acts by the association or organization.
Md. Code, Environment § 5-515 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-515
§5–515.
Status: in_force

(a) After or concurrently with the service of a complaint under this subtitle relating to water appropriation and use, the Department may:

(1) Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;

(2) Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or

(3) Send a written notice that requires the person to whom the notice is directed:

(i) To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or

(ii) To file a written report and also to appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.

(b) Any order issued under this section is effective immediately, according to its terms, when it is served.
Md. Code, Education § 5-104 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

(a) Each county council or board of county commissioners shall levy and collect a tax on the assessable property of the county which, together with other local revenue available, including income tax revenues and bond money, and together with estimated revenues and funds from all sources, will produce the amounts necessary to meet the appropriations made in the approved annual budget of the county board.

(b) (1) Local funds provided for appropriations shall be paid in accordance with the expenditure requirements, as certified by the county board, to the treasurer of the county board on a monthly basis.

(2) Appropriations for school construction, permanent improvements, and repairs for special purposes may be required to be paid more frequently on the order of the president and secretary of the county board to the county commissioners, county council, or the county executive.

(c) (1) Notwithstanding any other provision in this article, this subsection applies to Wicomico County.

(2) The Wicomico County Council annually shall pay to the Wicomico County Board the amount of the budget of the county board that has been approved by the County Council:

(i) In 12 equal monthly installments; or

(ii) At the times on which the County Council and county board mutually agree.

(3) Taxes levied under this section shall be retained by the county and any annual deficiencies in the tax are the responsibility of Wicomico County.

(d) (1) Notwithstanding any provision of a county charter that places a limit on that county’s property tax rate or revenues and subject to paragraph (2) of this subsection, a county governing body may set a property tax rate that is higher than the rate authorized under the county’s charter or collect more property tax revenues than the revenues authorized under the county’s charter for the sole purpose of funding the approved budget of the county board including any payments by the county governing body on behalf of the county board to the Teachers’ Pension System and the Teachers’ Retirement System.

(2) If the county governing body sets a county property tax rate that is greater than the rate authorized under the county’s charter or collects more property tax revenues than the revenues authorized under the county’s charter, the county:

(i) May not reduce funding provided to the county board from any other local revenue source below the funding level in the current county budget; and

(ii) Shall appropriate to the county board all property tax revenues exceeding the amount that would have been available if the county charter limitation had applied.

(3) On or before December 31 of any year in which a county sets a property tax rate as provided in this subsection, the county shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on the property tax rate set, the additional amount of revenues generated, and the appropriation of the additional revenues.
Md. Code, Transportation § 5-409 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-409
§5–409.
Status: in_force

(a) With the approval of the Secretary and subject to the direction of the Commission, the Administration may, consistent with the provisions of Division II of the State Finance and Procurement Article, contract, lease, or otherwise arrange with any person to grant to the person the privilege of operating, as agent of this State or otherwise, any airport or airport facility owned or controlled by this State.

(b) A contract, lease, or other arrangement made under this section may be for any term not exceeding 10 years and for the consideration that the Administration determines.

(c) The Administration may not authorize any person:

(1) To operate the airport or facility other than as a public airport or facility; or

(2) To make any contract, lease, or other arrangement in the operation of the airport or facility that the Administration itself could not make under § 5-408 of this subtitle.
Md. Code, State Finance and Procurement § 5-813 — MD Code / Article gsf / Title 5 / Subtitle 8 / Section 5-813
§5–813.
Status: in_force

The existence of the Commission does not take away or limit the authority that any principal department of the State government had on July 1, 1980.
Md. Code, Health - General § 5-806 — MD Code / Article ghg / Title 5 / Subtitle 8 / Section 5-806
§5–806.
Status: in_force

Upon request of the chair of the Committee or subcommittee, and as necessary to carry out the purpose of the Committee, the following shall immediately provide the Committee or subcommittee with access to information and records regarding an individual whose death is being reviewed:

(1) A provider of medical care, including dental and mental health care;

(2) A State or local government agency; and

(3) A provider of residential or other services.
Md. Code, State Finance and Procurement § 5A-401 — MD Code / Article gsf / Title 5A / Subtitle 4 / Section 5A-401
§5A–401.
Status: in_force

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

(b) “Committee” means the Maryland Advisory Committee on Historic Agricultural Structure Preservation.

(c) “Fund” means the Maryland Barn Preservation Fund.
Md. Code, State Personnel and Pensions § 5-311 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-311
§5–311.
Status: in_force

After reviewing a final decision under this subtitle, the court may award costs of litigation and reasonable attorney's fees to a prevailing complainant and any other appropriate relief.
Md. Code, Economic Development § 5-702 — MD Code / Article gec / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

(a) The purpose of the enterprise zones authorized under this subtitle is to attract, retain, and encourage commercial development in economically distressed areas of the State, in partnership with political subdivisions, by incentivizing capital investment and job creation through real property and income tax credits.

(b) Subject to § 9–103 of the Tax – Property Article, a business entity that owns, operates, develops, constructs, or rehabilitates property intended for use primarily as single or multifamily residential property located in an enterprise zone may not benefit from an incentive or initiative under this subtitle.
Md. Code, Health - General § 5-623 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-623
§5–623.
Status: in_force

(a) An individual may register an advance directive with an electronic advance directives service recognized by the Maryland Health Care Commission.

(b) (1) The registrant shall notify the electronic advance directives service recognized by the Maryland Health Care Commission if the registrant has amended or revoked a registered advance directive.

(2) A health care provider that becomes aware that a registrant has amended or revoked a registered advance directive shall, at the request of the registrant, provide the registrant with information on how to notify the electronic advance directives service recognized by the Maryland Health Care Commission.

(c) (1) Except as provided in paragraph (2) of this subsection, an individual is not required to submit an advance directive to an electronic advance directives service recognized by the Maryland Health Care Commission.

(2) An individual shall submit an electronic advance directive that is not witnessed to an electronic advance directives service that is recognized by the Maryland Health Care Commission.

(d) Nothing in this Part II of this subtitle affects the validity of an advance directive that is not submitted to an electronic advance directives service recognized by the Maryland Health Care Commission.
Md. Code, Courts and Judicial Proceedings § 5-639 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-639
§5–639.
Status: in_force

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

(2) “Emergency service” has the meaning stated in § 19-103 of the Transportation Article.

(3) “Emergency vehicle” has the meaning stated in § 11-118 of the Transportation Article.

(b) (1) An operator of an emergency vehicle, who is authorized to operate the emergency vehicle by its owner or lessee, is immune from suit in the operator’s individual capacity for damages resulting from a negligent act or omission while operating the emergency vehicle in the performance of emergency service.

(2) This subsection does not provide immunity from suit to an operator for a malicious act or omission or for gross negligence of the operator.

(c) (1) An owner or lessee of an emergency vehicle, including a political subdivision, is liable to the extent provided in subsection (d) of this section for any damages caused by a negligent act or omission of an authorized operator while operating the emergency vehicle in the performance of emergency service.

(2) This subsection does not subject an owner or lessee to liability for the operator’s malicious act or omission or for the operator’s gross negligence.

(3) A political subdivision may not raise the defense of governmental immunity in an action against it under this section.

(d) Liability under this section for self-insured jurisdictions is limited to the amount of the minimum benefits that a vehicle liability insurance policy must provide under § 17-103 of the Transportation Article, except that an owner or lessee may be liable in an amount up to the maximum limit of any basic vehicle liability insurance policy it has in effect exclusive of excess liability coverage.

(e) A judgment under this section against the owner or lessee of an emergency vehicle constitutes a complete bar to any action or judgment deriving from the same occurrence against the operator of the emergency vehicle.
Md. Code, Courts and Judicial Proceedings § 5-601 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

(a) In this section, “the Maryland Institute for Emergency Medical Services Systems” means the agency described in § 13–503 of the Education Article.

(b) No action may be brought against a person, firm, or corporation who furnishes confidential records, reports, statements, notes, or other information to one of the following agencies or their authorized agents, for purposes of research and study:

(1) The Medical and Chirurgical Faculty or its allied committees;

(2) An “in–hospital” staff committee;

(3) A nationally organized medical society or research group;

(4) The Maryland Department of Health; or

(5) The Maryland Institute for Emergency Medical Services Systems.
Md. Code, Family Law § 5-1002 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1002
§5–1002.
Status: in_force

(a) The General Assembly finds that:

(1) this State has a duty to improve the deprived social and economic status of children born out of wedlock; and

(2) the policies and procedures in this subtitle are socially necessary and desirable.

(b) The purpose of this subtitle is:

(1) to promote the general welfare and best interests of children born out of wedlock by securing for them, as nearly as practicable, the same rights to support, care, and education as children born in wedlock;

(2) to impose on the mothers and fathers of children born out of wedlock the basic obligations and responsibilities of parenthood; and

(3) to simplify the procedures for determining paternity, custody, guardianship, and responsibility for the support of children born out of wedlock.

(c) Nothing in this subtitle may be construed to limit the right of a putative father to file a complaint to establish his paternity of a child.
Md. Code, State Finance and Procurement § 5A-358 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-358
§5A–358.
Status: in_force

(a) The Department shall adopt regulations to carry out the Program, including:

(1) application and review procedures;

(2) procedures for adequate public notice of assistance available under the Program; and

(3) selection standards that the Panel shall consider in reviewing applications for grants.

(b) Selection standards under subsection (a)(3) of this section include:

(1) the relative merits of the project or activities within identified statewide needs;

(2) the extent to which the appropriate political subdivision contributes to support the project;

(3) the potential for the project to stimulate increased tourism, museum attendance, or museum self-sufficiency; and

(4) other relevant factors, such as the extent to which the project helps achieve equal geographic distribution of grant assistance throughout the State.
Md. Code, General Provisions § 5-708 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-708
§5–708.
Status: in_force

(a) In addition to any other report required under this subtitle, an individual regulated lobbyist described in § 5–702(a)(1), (2), (3), or (4) of this subtitle shall file a separate report disclosing any political contribution made:

(1) directly or indirectly by the regulated lobbyist;

(2) during the reporting period;

(3) under the Election Law Article; and

(4) for the benefit of the Governor, Lieutenant Governor, Attorney General, Comptroller, or member of the General Assembly, or a candidate for election to any of those offices.

(b) The report shall state:

(1) the name of each official or candidate for whose benefit a political contribution was made; and

(2) the total political contributions for the benefit of that official or candidate.

(c) The report shall be filed electronically at the time and in the manner required for reports filed under § 5–705 of this subtitle.
Md. Code, Economic Development § 5-411 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-411
§5–411.
Status: in_force

(a) (1) With the approval of the Secretary, the Authority shall appoint an Executive Director.

(2) The Executive Director serves at the pleasure of the Authority, with the concurrence of the Secretary.

(3) The position of Executive Director is a special appointment under the State Personnel and Management System.

(b) The Executive Director is the chief administrative officer of the Authority.

(c) The Executive Director shall:

(1) direct and supervise the administrative affairs and technical activities of the Authority;

(2) attend the meetings of the Authority;

(3) record the minutes of the proceedings of the Authority;

(4) approve all accounts for salaries, per diem payments, and allowable expenses of the Authority, its employees, and its consultants;

(5) approve all expenses incidental to the operation of the Authority;

(6) in cooperation with the Department, submit to the Authority reports and recommendations related to proposed financial assistance under this subtitle; and

(7) perform the other duties that the Secretary or the Authority requires to carry out this subtitle.

(d) The Executive Director is the resident agent of the Authority for the receipt of service made in accordance with the Maryland Rules.
Md. Code, Financial Institutions § 5-606 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

(a) (1) The receiver may appoint any clerks needed to carry out the receivership.

(2) The salaries of these clerks shall be paid out of the funds of the banking institution.

(b) (1) Notwithstanding subsection (a) of this section, the receiver of a nondepository trust company may, as needed to carry out the receivership:

(i) Appoint any clerks, agents, counsel, employees, and assistants; and

(ii) Retain officers and employees of the nondepository trust company.

(2) The salaries and all other expenses of the individuals specified under paragraph (1) of this subsection that are court approved shall be paid from the assets of the nondepository trust company, the proceeds of the sale of securities pledged under § 3–211.1 of this article, or recovery against a surety bond delivered under § 3–211.1 of this article.

(3) Any proceeds of a sale of pledged securities that remain after making the payments required under paragraph (2) of this subsection and § 5–604.1(a) of this subtitle shall be an asset of the nondepository trust company.

(c) The receiver may borrow money and, with the approval of the court, pledge, mortgage, or encumber any of the institution’s assets to:

(1) Pay the obligations of the institution;

(2) Pay dividends to the depositors or creditors of the institution; or

(3) Enable the institution to reopen or reorganize.

(d) (1) The receiver shall file with the court, in the form that the court requires, an itemized account of:

(i) All receipts, disbursements, and expenses; and

(ii) Any proposed distribution.

(2) The court shall accept the account to the same extent as if an auditor of the court had prepared and filed the account.

(e) (1) Except as provided in paragraph (2) of this subsection, the receiver may not make any distribution until the court ratifies the receiver’s account.

(2) With the approval of the court, the receiver may pay in full each creditor whose total claims do not exceed $5.
Md. Code, Courts and Judicial Proceedings § 5-637.1 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-637.1
§5–637.
Status: in_force

§5–637.1.

(a) In this section, “local domestic violence fatality review team” is a team established in accordance with Title 4, Subtitle 7 of the Family Law Article.

(b) A person who acts in good faith and within the scope of the jurisdiction of a local domestic violence fatality review team is not civilly liable for any action as a member of the local domestic violence fatality review team or for giving information to, participating in, or contributing to the function of the local domestic violence fatality review team.
Md. Code, State Finance and Procurement § 5A-357 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-357
§5A–357.
Status: in_force

In any fiscal year, the Secretary may reserve up to 20% of the money available in the MHT Grant Fund under § 5A-328 of this subtitle for unanticipated projects eligible for assistance under § 5A-353 of this subtitle.
Md. Code, General Provisions § 5-865 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-865
§5–865.
Status: in_force

This part applies only to an appointed member of the Frederick County Board of Zoning Appeals, the Frederick County Ethics Commission, the Frederick County Planning Commission, or the Board of License Commissioners for Frederick County.
Md. Code, Estates and Trusts § 5-201 — MD Code / Article get / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) The petition for probate shall contain all knowledge or information of the petitioner with respect to the items listed in subsection (b) of this section.

(b) The petition for probate shall state:

(1) The name, domicile, place, and date of death of the decedent;

(2) The interest of the person filing the petition;

(3) The county in which the decedent was domiciled at the time of death, and if the decedent was not domiciled in Maryland, the county in this State that the petitioner believes was the situs of the largest part in value of the property of the decedent at the time of death;

(4) All other proceedings filed in Maryland and elsewhere regarding the same estate;

(5) Whether the decedent died testate or intestate, and:

(i) 1. If the decedent died testate, there shall be exhibited with the petition the will or a copy of the will; or

2. If this exhibit cannot be produced, there shall be exhibited:

A. A statement of the reasons for the inability to exhibit the will or a copy of the will;

B. The name and the address of the person in whose custody the documents may be;

C. A statement of the provisions of the will as far as known to the petitioner; and

D. A statement of the manner in which the exhibit came into the hands of the petitioner as well as a statement that the petitioner knows of no later will; or

(ii) If the decedent died intestate, a statement of the extent of a search for a will; and

(6) The names and addresses of all persons who are witnesses to the will referred to in item (5)(i) of this subsection.
Md. Code, Local Government § 5-206 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) (1) A municipality may establish a merit system in connection with the appointment of any municipal official or employee not elected or appointed under the Maryland Constitution, public general law, or public local law.

(2) In accordance with § 4–303 of the State Personnel and Pensions Article, a municipality may request and use the facilities of the Department of Budget and Management in the administration of a merit system established under paragraph (1) of this subsection.

(b) A municipality may set the compensation of municipal officers and employees.

(c) A municipality may provide for:

(1) a retirement or pension system or a group insurance plan for its officers and employees; or

(2) including its officers and employees in any retirement or pension system operated by or in conjunction with the State, on the terms and conditions set forth in State law.

(d) (1) Subject to paragraph (2) of this subsection, a municipality may provide for the removal or temporary suspension from office of an appointed municipal officer for:

(i) inefficiency;

(ii) malfeasance;

(iii) misfeasance;

(iv) nonfeasance;

(v) misconduct in office; or

(vi) insubordination.

(2) Before removing or suspending any officer, the municipality shall notify the officer and conduct a hearing.

(3) A municipality may provide for filling the vacancy caused by the removal or suspension.

(e) Subject to its municipal charter, a municipality may provide for special elections for municipal purposes at times and places determined by the municipality.
Md. Code, Family Law § 5-1102 — MD Code / Article gfl / Title 5 / Subtitle 11 / Section 5-1102
§5–1102.
Status: in_force

(a) All proposals for funding received under this subtitle designed to address the prevention of child physical or sexual abuse shall be reviewed by a selection committee composed of the following members:

(1) 2 persons designated by the Secretary of Human Services, of which 1 person shall have prior experience in local community child abuse prevention programs;

(2) 2 persons designated by the State Superintendent of Schools, of which 1 person shall have prior experience in local community child abuse prevention programs; and

(3) the Special Secretary of the Governor’s Office for Children who shall serve as the chair of the committee.

(b) The Secretary of Human Services shall establish procedures for the grant award process and publish appropriate notice in the Maryland Register and in newspapers of general circulation concerning the submittal of proposals for funding under this section.

(c) The Department shall administer the child abuse prevention grant program created under this subtitle and shall compile appropriate information regarding the awarding and use of grants received under this section.
Md. Code, State Finance and Procurement § 5-306 — MD Code / Article gsf / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) The Department shall prepare population projections for the State, each county, and, on request of a municipal corporation, for a municipal corporation in the State.

(b) The population projections prepared for the State and each county shall include details of age, sex, and race.

(c) The Department shall prepare the population projections for periods of 20 years, in 5–year intervals beginning with 2025.

(d) Beginning in 1991, the Department shall revise the population projections at least every 3 years.

(e) In preparing the population projections for the Washington metropolitan and Baltimore metropolitan areas, the Department may use the population figures developed by the Baltimore Metropolitan Council, the Metropolitan Washington Council of Governments, and the member jurisdictions of these councils.
Md. Code, Natural Resources § 5-218 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-218
§5–218.
Status: in_force

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

(1) “Corps” means the Maryland Conservation Corps.

(2) “Youth” means a Maryland resident who is age 16 through 24.

(b) There is a Maryland Conservation Corps in the Department.

(c) The Corps shall provide meaningful and productive employment for available manpower of this State in the field of development and maintenance of the State’s natural resources. The General Assembly finds that employing Maryland’s youth to conserve or develop natural resources and enhance and maintain environmentally important lands and waters is:

(1) Beneficial to the youth of the State because it provides them with educational and work opportunities; and

(2) Beneficial to the State’s economy and environment.

(d) The purpose of this section is to provide Maryland’s youth with a work experience opportunity that will:

(1) Further their understanding and appreciation of natural resources; and

(2) Teach them basic and fundamental work ethics, including:

(i) Discipline;

(ii) Cooperation;

(iii) The ability to live and work with others; and

(iv) The value of a day’s work.

(e) The Corps shall engage in projects for:

(1) Conserving, improving, and developing natural resources; and

(2) Enhancing, preserving, and maintaining environmentally important public lands and waters.

(f) Corps projects shall conserve, improve, or develop natural resources or enhance, preserve, and maintain environmentally important public lands and waters, while providing youths with an opportunity for personal development in a variety of basic skills. Projects shall be undertaken in both urban and rural areas on the basis of:

(1) The environmental and natural resource benefits the project offers;

(2) The opportunity for public use the project offers; and

(3) The on-the-job training value of the project.

(g) Youths participating in the Corps shall work in projects which do the following:

(1) Preserve, maintain, and enhance environmentally important lands and waters;

(2) Work on public works projects in urban and rural areas;

(3) Conserve, maintain, improve, and develop natural resources in urban and rural areas;

(4) Assist in emergency operations, such as natural disaster relief and the rescue of lost and injured individuals;

(5) Assist in fire prevention and suppression;

(6) Directly contribute to the conservation of energy;

(7) Contribute toward making public facilities accessible to individuals with disabilities; and

(8) Assist other State agencies in developing, rehabilitating, and restoring parklands, recreational facilities, historical resources, fish spawning and rearing habitats, wildlife habitats, and the Chesapeake Bay.

(h) (1) The Department shall recruit and employ youths for the Corps through existing State service delivery systems.

(2) The Department shall recruit youths for employment in the Corps without regard to their prior employment or educational background.

(3) A youth recruited for the Corps may not be hired through mechanisms for the employment of skilled service or professional service employees in the State Personnel Management System and may not earn any of the benefits of a skilled service or professional service employee, with the exception of special appointments.

(i) Annual funding for the Corps will be from:

(1) Appropriated funds; or

(2) The Forest and Park Reserve Fund.

(j) The Department shall use any federal appropriations that:

(1) May become available; and

(2) Are designated for State employment programs in the field of natural resources conservation.

(k) The Department shall adopt rules and regulations to carry out the provisions of this section.
Md. Code, Natural Resources § 5-9B-05 — MD Code / Article gnr / Title 5 / Subtitle 9B / Section 5-9B-05
§5–9B–05.
Status: in_force

(a) A sponsor may submit funding requests for acquisition of property under its local land preservation program to the Department of Natural Resources for evaluation and submission to the Board of Public Works under this section.

(b) The Department shall:

(1) Review local programs and applications for funding submitted by sponsors for consistency with the local plans under § 5–9B–04(a) of this subtitle;

(2) Submit applications reviewed under item (1) of this subsection to the Board of Public Works for funding, along with the Department’s recommendation on the application; and

(3) Coordinate applications received with available remaining funding.

(c) (1) Applications for funding under this section in a fiscal year shall be received at a date determined by the Department and reviewed using criteria established by the Department under § 5–9B–06(a)(2) of this subtitle.

(2) Applications recommended for approval by the Department shall be forwarded to the Board of Public Works with a favorable recommendation in accordance with the criteria.
Md. Code, General Provisions § 5-519 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-519
§5–519.
Status: in_force

(a) (1) Except as to proceedings terminated in accordance with § 5–518(b) of this subtitle, the Joint Ethics Committee shall provide to the accused legislator a copy of:

(i) the complaint filed or prepared in accordance with § 5–516 of this subtitle; and

(ii) the allegation summary prepared in accordance with § 5–518(c) of this subtitle.

(2) The accused legislator shall be allowed an opportunity to file a written answer to the allegation summary.

(b) Following notification of the accused legislator, the Joint Ethics Committee may:

(1) terminate the proceedings; or

(2) schedule a hearing and notify the accused legislator of the time, location, and procedures of the hearing.

(c) (1) The Joint Ethics Committee may amend the allegation summary at any time.

(2) If an allegation summary is amended under paragraph (1) of this subsection, the accused legislator shall be allowed an opportunity to file a written answer to the amended allegation summary.
Md. Code, Labor and Employment § 5-503 — MD Code / Article gle / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) Each employer that hires employees to operate power equipment shall develop and carry out an employee safety training program designed to inform employees of and train employees in applicable standards for safe operation of power equipment including:

(1) limitations and use;

(2) rated load capacities; and

(3) special hazards.

(b) On request by the Commissioner, an employer shall give the Commissioner a copy of its safety training program.

(c) Each employer that hires employees to operate power equipment shall:

(1) keep on file for inspection:

(i) a written description of its employee training program; and

(ii) a notation of where an employee received safety training, if the employer did not provide the employee with safety training;

(2) assure that specifications of a manufacturer applicable to operation of a piece of power equipment are available to each operator; and

(3) post operating instructions as required by occupational safety and health standards.
Md. Code, Education § 5-216 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-216
§5–216.
Status: in_force

(a) In this subsection, “comparable wage index (CWI) adjustment” means, for each county, the foundation program multiplied by:

(1) 0.000 in Allegany;

(2) 0.109 in Anne Arundel;

(3) 0.066 in Baltimore City;

(4) 0.065 in Baltimore;

(5) 0.079 in Calvert;

(6) 0.000 in Caroline;

(7) 0.000 in Carroll;

(8) 0.000 in Cecil;

(9) 0.055 in Charles;

(10) 0.000 in Dorchester;

(11) 0.047 in Frederick;

(12) 0.000 in Garrett;

(13) 0.073 in Harford;

(14) 0.131 in Howard;

(15) 0.000 in Kent;

(16) 0.166 in Montgomery;

(17) 0.129 in Prince George’s;

(18) 0.000 in Queen Anne’s;

(19) 0.079 in St. Mary’s;

(20) 0.000 in Somerset;

(21) 0.000 in Talbot;

(22) 0.000 in Washington;

(23) 0.000 in Wicomico; and

(24) 0.000 in Worcester.

(b) (1) For fiscal year 2024 and each fiscal year thereafter, in addition to the foundation program each county shall receive a grant to reflect the regional differences of the cost to hire personnel that are due to factors outside of the control of the local jurisdiction.

(2) The amount of the grant under this section shall equal, for each county, the product of the CWI adjustment and:

(i) 49% in fiscal year 2024;

(ii) 49% in fiscal year 2025;

(iii) 47% in fiscal year 2026;

(iv) 46% in fiscal year 2027;

(v) 45% in fiscal year 2028;

(vi) 44% in fiscal year 2029;

(vii) 43% in fiscal year 2030;

(viii) 42% in fiscal year 2031;

(ix) 42% in fiscal year 2032; and

(x) 41% in fiscal year 2033 and each fiscal year thereafter.

(3) Subject to subsection (c) of this section, the State share and local share of the grant calculated under paragraph (2) of this subsection shall be calculated in the same manner as the State share and local share of the foundation program.

(c) Each fiscal year the county board shall distribute to each school the minimum school funding amount for the grant calculated under § 5–234 of this subtitle.
Md. Code, Financial Institutions § 5-1105 — MD Code / Article gfi / Title 5 / Subtitle 11 / Section 5-1105
§5–1105.
Status: in_force

(a) Except as provided in subsections (b), (c), (d), and (e) of this section, a commercial bank acquired under this subtitle may exercise all the powers of, and shall be subject only to those restrictions imposed on a commercial bank owned by a Maryland bank holding company under applicable State law.

(b) A commercial bank that results from a conversion of a savings and loan association or acquires a savings and loan association may hold assets or conduct business activities, other than insurance assets and insurance activities, that result from the acquisition of a savings and loan association and that do not conform with applicable law, unless a different period is authorized by federal regulatory agencies:

(1) For a period of 5 years after the acquisition; and

(2) If the Commissioner approves, for an additional period not exceeding 5 years.

(c) A commercial bank that results from a conversion of a savings and loan association or acquires a savings and loan association may hold insurance assets or conduct insurance activities that result from the acquisition of a savings and loan association and that do not conform with applicable law, unless a different period is authorized by federal regulatory agencies, for a period of 2 years after the date of acquisition.

(d) Except as provided in subsection (c) of this section, a commercial bank acquired under this subtitle may hold insurance assets or conduct insurance activities only to the extent permitted under applicable law to a Maryland commercial bank.

(e) A commercial bank that results from the conversion of a savings and loan association or acquires a savings and loan association that is subject to the provisions of this section may not exercise any rights afforded to a Maryland bank, a Maryland bank holding company, or an out-of-state bank holding company under any Maryland law authorizing reciprocal interstate banking acquisitions until such time as national reciprocal interstate banking is authorized under State law.
Md. Code, Natural Resources § 5-701 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

(a) A forest or park warden shall enforce every forest and park law, rule, and regulation of the State and protect State forest reserves, State parks, scenic preserves, parkways, historic monuments, and recreational areas.

(b) The forest or park warden shall report any violation of law to the Secretary as soon as possible, assist in apprehending and convicting offenders, and make an annual report to the Secretary on forest conditions in the forest or park warden’s immediate neighborhood.

(c) If any forest or park warden sees a forest fire, or is requested by a fire company to assist with a fire plow or provide incident command expertise at the scene, the forest or park warden shall:

(1) Go immediately to the fire and employ those persons and means as the forest or park warden deems necessary to extinguish the fire;

(2) Keep an itemized account of all expenses thus incurred and send the account immediately to the Secretary;

(3) Control and direct any person and apparatus engaged in extinguishing forest fires;

(4) Summon inhabitants of the county over the age of 18 years, if able, to assist in extinguishing fires, and also require use of personal property needed for this purpose; and

(5) Use the members of the Junior Forest Fire Fighters Service between the ages of 14 and 18 years inclusive, either paid or unpaid, provided they have the written consent of their parents or guardians.

(d) Any person summoned who is physically able, but who refuses or neglects to assist, or allow the use of man power, equipment, or other material required, is liable to a penalty of $10.

(e) An action for trespass may not lie against a forest or park warden or anyone working under the forest or park warden’s direction, for entering on any person’s land to extinguish a fire, plow furrows, tear down fences, or start a back fire to check a fire that may be approaching.
Md. Code, Financial Institutions § 5-514 — MD Code / Article gfi / Title 5 / Subtitle 5 / Section 5-514
§5–514.
Status: in_force

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

(2) “Conventional home mortgage loan” has the meaning stated in § 11–501 of this article.

(3) “Dwelling” has the meaning stated in § 11–501 of this article.

(4) “Shared appreciation agreement” has the meaning stated in § 11–501 of this article.

(b) (1) This subsection applies only to a conventional home mortgage loan that is not already required by law or regulation by the State or federal government to be assumable in connection with the granting of absolute divorce.

(2) A banking institution shall include in any conventional home mortgage loan a provision authorizing any of the existing borrowers to purchase the property interest of another borrower on the loan by assuming the seller’s portion of the mortgage if:

(i) The assumption is in connection with the granting of a decree of absolute divorce; and

(ii) The banking institution determines that the assuming borrower qualifies for the loan.

(c) A banking institution shall disclose an assumption provision in any conventional home mortgage loan in writing to a loan applicant before the completion of the loan application.
Md. Code, Economic Development § 5-106 — MD Code / Article gec / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

The Secretary shall designate a unit in the Department to be the single contact for issues relating to realignment and closure of military installations in the State.
Md. Code, Environment § 5-806 — MD Code / Article gen / Title 5 / Subtitle 8 / Section 5-806
§5–806.
Status: in_force

By mutual agreement, the Department may delegate all or part of the Department’s responsibilities under this subtitle to a subdivision if the Department determines that the subdivision has the technical and financial resources to fulfill the responsibilities to be delegated.
Md. Code, Agriculture § 5-205 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

The Secretary may sample any pesticide and inspect any device, container, product, apparatus or equipment used or intended for use in pest control operations, any establishment from which pest control is conducted, and any pesticide application or treatment performed by a certified applicator or someone under his supervision.
Md. Code, Environment § 5-1205 — MD Code / Article gen / Title 5 / Subtitle 12 / Section 5-1205
§5–1205.
Status: in_force

(a) With respect to water quality, the Commission shall advise and make recommendations in accordance with the Baltimore metropolitan water quality management plan, as prepared and adopted in accordance with 33 U.S.C. § 1288 (Section 2 of the federal Water Pollution Control Act amendments of 1972).

(b) With respect to flood hazard areas and watershed management as defined in the Maryland Flood Hazard Management Act of 1976, the Commission shall proceed in accordance with that act. The Commission shall cooperate with State, regional, and local agencies and their respective programs, plans, and procedures with respect to:

(1) Flood damage reduction;

(2) Water quality improvements;

(3) Municipal and industrial water supplies;

(4) Recreation, fish, wildlife, and esthetic improvement; and

(5) Soil conservation and watershed and forested land management.

(c) With respect to all other recommendations and plans, including those relating to esthetics, conservation, erosion control, recreation and other improvements, the Commission shall proceed in accordance with the procedures and policies of the governments whose support or cooperation is required or requested.
Md. Code, State Finance and Procurement § 5A-306 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-306
§5A–306.
Status: in_force

This subtitle does not abrogate or supplant any power of the State Highway Administration.
Md. Code, State Personnel and Pensions § 5-205 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) In accordance with the provisions and intent of the Maryland Constitution and other laws of the State, each unit shall:

(1) comply with all applicable regulations, policies, guidelines, and directives of the Secretary to carry out this section;

(2) cooperate fully with the Coordinator in the investigation of complaints of discrimination in violation of § 5–208 of this subtitle;

(3) (i) in accordance with the regulations, policies, guidelines, and directives of the Secretary, annually prepare a plan that includes the development and implementation of policies and programs to ensure that protected group members are appropriately represented and that the personnel practices in the unit are not discriminatory; and

(ii) submit to the Secretary the progress reports about the plan that the Secretary requires;

(4) for each fiscal year, submit to the Coordinator by the following October 15 an annual report about the activities that the unit undertook in that fiscal year to implement the Program, including:

(i) information about personnel practices within the unit;

(ii) a summary of complaints filed, investigated, resolved, and pending;

(iii) information about relations with other units of State government;

(iv) information about sexual harassment policies and prevention training; and

(v) a summary of sexual harassment complaints filed, investigated, resolved, and pending; and

(5) provide a copy of the annual report to the Commission on Civil Rights.

(b) Notwithstanding any other provision of this subtitle, the University System of Maryland may satisfy any reporting requirement required by this subtitle or by regulations adopted under this subtitle by submitting to the Secretary an annual report on the System’s equal employment opportunity policies and programs in such format as is determined by the System’s Board of Regents.

(c) An appointing authority shall provide each employee subject to this subtitle with a notice of:

(1) the protections and remedies against employment discrimination available to the employee under:

(i) this subtitle;

(ii) the laws governing the Commission on Civil Rights; and

(iii) the laws governing the Equal Employment Opportunity Commission; and

(2) the applicable time limitations for filing complaints under those laws.
Md. Code, Labor and Employment § 5-202 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) The Commissioner may delegate to the assistant commissioner for occupational safety and health any duty or function of the Commissioner under this title.

(b) (1) The Commissioner may enter into a written agreement with a public body to delegate any power of inspection under this title.

(2) An agreement under this subsection shall:

(i) specify the procedure to be used in an inspection under the agreement;

(ii) enable the Commissioner to monitor an inspection power under the agreement; and

(iii) enable the Commissioner to revoke the agreement at any time.
Md. Code, Business Regulation § 5-610 — MD Code / Article gbr / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

(a) Except as otherwise provided in subsection (c) of this section, a sole proprietor registered cemeterian, permit holder, or any other person subject to the permit or registration requirements of this title who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to:

(1) for a first violation, a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both;

(2) for a second violation, a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both; and

(3) for a third or subsequent violation, a fine not exceeding $20,000 or imprisonment not exceeding 3 years or both.

(b) Except as otherwise provided in subsection (c) of this section, if a corporation violates this subtitle, each officer responsible for the violation is guilty of a misdemeanor and, on conviction, is subject to:

(1) for a first violation, a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both;

(2) for a second violation, a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both; and

(3) for a third or subsequent violation, a fine not exceeding $20,000 or imprisonment not exceeding 3 years or both.

(c) A person who willfully misappropriates or intentionally and fraudulently converts perpetual care trust funds in excess of $100 to that person’s own use is guilty of a felony and, on conviction, is subject to a fine not exceeding $25,000 or imprisonment not exceeding 10 years or both.
Md. Code, Human Services § 5-323 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-323
§5–323.
Status: in_force

(a) The Department shall hire an outside consultant to conduct a review of FIP to assess the extent to which FIP is:

(1) implementing policies equitably; and

(2) employing best practices to achieve the best outcomes possible for children and their parents, including by considering that many FIP recipients are experiencing or have experienced significant trauma.

(b) The consultant hired under this section shall demonstrate knowledge of the federal Temporary Assistance to Needy Families programs.

(c) At a minimum, the review conducted under this section should include an assessment of the following:

(1) program design, including core beliefs, goals, objectives, service delivery model, regulations, program rules, and performance measures;

(2) contract design and execution, including:

(i) payment structure;

(ii) incentives; and

(iii) service delivery approach and performance with a focus on placement in high–quality jobs with wages that meet or exceed 150% of the State minimum wage;

(3) program outcomes that, to the extent practicable, are disaggregated by race and ethnicity;

(4) an examination of how the State’s use of unpaid work experience compares to other states and alternative program options;

(5) documentation of innovative and evidence–based practices being implemented in other states; and

(6) all assessment tools used by the Department under § 5–309(a)(1) of this subtitle with a focus on recommending changes needed for the assessment to be conducted in a manner that is:

(i) trauma–informed;

(ii) antiracist; and

(iii) individualized, empowering, and client–centered.

(d) To receive meaningful input on FIP in accordance with the review conducted under this section, including recommendations on methods to strengthen FIP, the Department shall consult:

(1) stakeholders, including current and former recipients;

(2) community–based organizations; and

(3) other interested parties.

(e) The review conducted under this section shall:

(1) include a summary of:

(i) the strengths and weaknesses of FIP;

(ii) recommendations for improving FIP; and

(iii) any necessary legislative or administrative changes to make the improvements; and

(2) (i) on or before October 1, 2024, in accordance with § 2–1257 of the State Government Article, be submitted to the General Assembly; and

(ii) be published on the Department’s website.

(f) Until the Department has fully implemented, to the extent practicable, the recommendations of the final review submitted under subsection (e) of this section, beginning in calendar year 2024 and each year thereafter, the Department shall report, in accordance with § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Appropriations Committee on the plans and progress for implementing the recommendations made in the review.
Md. Code, State Finance and Procurement § 5A-353 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-353
§5A–353.
Status: in_force

(a) The purpose of the Program is to provide political subdivisions and nonprofit organizations with financial assistance for museums.

(b) The Program shall make grants from the MHT Grant Fund under § 5A-328 of this subtitle to political subdivisions and nonprofit organizations for use by museums for:

(1) research related to collections, exhibits, or other educational activities;

(2) the care, conservation, interpretation, and documentation of collections;

(3) the planning, design, and construction of exhibits;

(4) educational programs and projects;

(5) the development of master plans for museums, including activities required to achieve accreditation by the American Association of Museums or another appropriate entity;

(6) minor structural modifications to existing museum facilities;

(7) the development of plans and specifications and the provision of architectural, engineering, or other special services directly related to the construction or rehabilitation of museum facilities; or

(8) operating support for any museum-related activity, including activities described in items (1) through (7) of this subsection.

(c) On or before December 31 of each year, the Trust shall report to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly on the financial status and the activities of the Program for the preceding fiscal year.
Md. Code, Insurance § 5-312 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-312
§5–312.
Status: in_force

(a) This section applies to:

(1) a plan of life insurance that provides for future premiums to be determined by the insurer based on estimates of future experience; and

(2) a plan of life insurance or annuity that is of a nature that precludes determining the minimum reserves by the methods described in §§ 5-307, 5-308, and 5-311 of this subtitle.

(b) In accordance with regulations adopted by the Commissioner, the reserves that are held under a plan described in subsection (a) of this section shall:

(1) be appropriate in relation to the benefits and pattern of premiums for that plan; and

(2) be computed by a method that is consistent with the principles of this subtitle.
Md. Code, State Personnel and Pensions § 5-309 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

(a) (1) An employee subject to this subtitle may file with the Secretary a complaint that alleges a violation of § 5-305 of this subtitle.

(2) A complaint under this subtitle must be filed within 6 months after the complainant first knew of or reasonably should have known of the violation.

(b) When a complaint is received, the Secretary or designee promptly shall:

(1) send a copy of the complaint to the head of the principal unit named in the complaint; and

(2) advise the head of the principal unit to respond in writing to the complaint within 20 days after receiving the copy.

(c) Within 60 days after a complaint is received:

(1) the complaint shall be investigated to determine whether a violation of § 5-305 of this subtitle has occurred:

(i) by the Secretary or designee of the Secretary; or

(ii) if the Department is charged in the complaint, by a designee of the Governor; and

(2) the Secretary or designee or the Governor's designee shall:

(i) take the action described in subsection (d)(1) or (2) of this section; and

(ii) issue to the complainant and head of the principal unit a written decision that includes any remedial action taken.

(d) (1) If the Secretary or designee or the Governor's designee determines that a violation has not occurred, the Secretary or Governor's designee shall dismiss the complaint.

(2) If the Secretary or designee or the Governor's designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.

(e) As a remedial action for a violation of § 5-305 of this subtitle, the Secretary or designee may:

(1) order the removal of any related detrimental information from the complainant's State personnel records;

(2) require the head of the principal unit to:

(i) hire, promote, or reinstate the complainant or end the complainant's suspension from employment;

(ii) award the complainant back pay to the day of the violation;

(iii) grant the complainant leave or seniority;

(iv) take appropriate disciplinary action against any individual who caused the violation; and

(v) take any other remedial action consistent with the purposes of this subtitle.
Md. Code, Financial Institutions § 5-614 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-614
§5–614.
Status: in_force

(a) If the Federal Deposit Insurance Corporation is receiver of a banking institution, the Corporation may:

(1) Operate the trust department of the institution; and

(2) Liquidate the institution as provided in this subtitle or under federal law.

(b) (1) This subsection applies whether or not the Federal Deposit Insurance Corporation is the receiver of the banking institution.

(2) If the Federal Deposit Insurance Corporation pays the insured deposit liabilities of a banking institution, it is subrogated to the rights of the depositors against the institution to the same extent as it would be subrogated to the rights of the depositors against a closed national banking association under federal law.

(3) The rights of the depositors and creditors of the banking institution are governed by the laws of this State.
Md. Code, Commercial Law § 5-105 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

Consideration is not required to issue, amend, transfer, or cancel a letter of credit, advice, or confirmation.
Md. Code, Courts and Judicial Proceedings § 5-1101.1 — MD Code / Article gcj / Title 5 / Subtitle 11 / Section 5-1101.1
§5–1101.
Status: in_force

§5–1101.1.

The General Assembly finds and declares that it is necessary to regulate transfers of structured settlement payment rights to:

(1) Ensure that the transfers are effectuated on fair and reasonable terms and are in the best interests of payees; and

(2) Protect payees against deceptive practices.
Md. Code, Criminal Law § 5-309 — MD Code / Article gcr / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

(a) If the Department suspends or revokes a registration, the Department may place under seal all controlled dangerous substances that the registrant owns or possesses at the time of the suspension or revocation in accordance with the registration.

(b) Unless the court on request orders the sale of perishable substances and the deposit of the proceeds of the sale with the court, a disposition may not be made of controlled dangerous substances under seal until the time for taking an appeal has elapsed or until all appeals end.

(c) When a revocation order becomes final, all controlled dangerous substances placed under seal in accordance with this section shall be forfeited to the State.
Md. Code, Health Occupations § 5-101 — MD Code / Article gho / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Board” means the State Board of Dietetic Practice.

(c) “Certified nutrition specialist” means an individual certified by the Board for Certification of Nutrition Specialists, the accrediting body of the American Nutrition Association.

(d) “Dietitian-nutritionist” means, unless the context requires otherwise, an individual who is licensed by the Board to practice dietetics.

(e) “License” means, unless the context requires otherwise, a license issued by the Board to practice dietetics.

(f) (1) “Medical device” means a health care product used in the diagnosis, treatment, or prevention of disease.

(2) “Medical device” does not mean:

(i) A drug;

(ii) A surgical or dental instrument;

(iii) Physical therapy equipment;

(iv) X-ray apparatus; or

(v) A component part or accessory of any of the items listed in this paragraph.

(g) “Medical nutrition” means the nutritional advice or counsel provided to an individual by a licensee in their professional capacity that is designed for an individual to alleviate a specific physiological complaint, condition, or symptom.

(h) (1) “Practice dietetics” means to apply the principles derived from integrating knowledge of food, biochemistry, physiology, management science, behavioral science, and social science to human nutrition.

(2) “Practice dietetics” includes:

(i) Assessing individual and community food practices and nutritional status using anthropometric, biochemical, clinical, dietary, and demographic data, for clinical, research, and program planning purposes;

(ii) Developing, establishing, and evaluating nutritional care plans that establish priorities, goals, and objectives for meeting nutrient needs for individuals or groups;

(iii) Nutrition counseling and education as a part of preventive or restorative health care throughout the life cycle;

(iv) Determining, applying, and evaluating standards for food and nutrition services; and

(v) Applying scientific research to the role of food in the maintenance of health and the treatment of disease.

(i) “Registered dietitian” means an individual registered with the Commission on Dietetic Registration, the accrediting body of the Academy of Nutrition and Dietetics.

(j) “Supervision” means the management of an individual who aids in the practice of dietetics by a licensed dietitian-nutritionist who may or may not be on the premises.
Md. Code, Business Regulation § 5-803 — MD Code / Article gbr / Title 5 / Subtitle 8 / Section 5-803
§5–803.
Status: in_force

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

(2) “Eligible dependent” means a veteran’s spouse, a veteran’s unmarried child under the age of 21 years, or a veteran’s unmarried adult child who before the age of 21 became permanently incapable of self–support because of physical or mental disability.

(3) (i) “Identifying information” means data required by a veterans service organization to verify the eligibility of a veteran or an eligible dependent for burial in a national or state veterans cemetery.

(ii) “Identifying information” includes name, service number, Social Security number, date of birth, date of death, place of birth, and copy of the death certificate.

(4) “Veterans service organization” means an association or other entity organized for the benefit of veterans that has been recognized by the U.S. Department of Veterans Affairs or chartered by Congress and any employee or representative of the association or entity.

(b) (1) If a licensed funeral establishment or a crematory is in possession of cremated human remains or hydrolyzed remains that have been unclaimed for 90 days or more, the licensed funeral establishment or holder of the permit for the business of operating a crematory shall provide identifying information of the unclaimed cremains or hydrolyzed remains to a veterans service organization in order for the veterans service organization to determine if the unclaimed cremains or hydrolyzed remains are those of a veteran or an eligible dependent.

(2) (i) Subparagraph (ii) of this paragraph does not apply if:

1. an authorizing agent directs otherwise; or

2. a reduction facility reasonably concludes based on the identifying information or other evidence that a decedent does not qualify for disposition benefits associated with veterans status.

(ii) A reduction facility in possession of human remains that are being processed by natural organic reduction shall provide identifying information to a veterans service organization within 5 business days after natural organic reduction is initiated to determine if the soil remains are those of a veteran or an eligible dependent.

(c) Within 45 days after receipt of the information required by subsection (b) of this section, the veterans service organization shall notify the licensed funeral establishment, permit holder, or reduction facility:

(1) whether the cremains, hydrolyzed remains, or soil remains are those of a veteran or an eligible dependent; and

(2) if so, whether the veteran or eligible dependent is eligible for burial in a veterans cemetery.

(d) If the unclaimed cremains or hydrolyzed remains are those of a veteran or an eligible dependent, the licensed funeral establishment or permit holder may transfer the cremains to a veterans service organization for the purpose of disposition of the cremains or hydrolyzed remains.

(e) If the unclaimed soil remains are those of a veteran or an eligible dependent, the reduction facility may:

(1) transfer a portion of the soil remains not exceeding 300 cubic inches in volume to a veterans service organization that grants permission for the purpose of disposition; and

(2) if authorized by the cemetery or owner, transfer the balance of soil remains to a cemetery or the owner of a woodland protected under the Forest Conservation Act.

(f) If a veterans service organization does not take possession of unclaimed cremains or hydrolyzed remains that qualify for a plot in a State veterans cemetery under § 9–906 of the State Government Article, within 10 days after the licensed funeral establishment or permit holder receives the notification required under subsection (c) of this section, the licensed funeral establishment or permit holder shall:

(1) notify the Department of Veterans and Military Families of the status of the cremains or hydrolyzed remains for the purpose of the appropriate disposition of the cremains or hydrolyzed remains; and

(2) transfer the cremains or hydrolyzed remains to the Department of Veterans and Military Families for the purpose of the appropriate disposition of the cremains or hydrolyzed remains.

(g) If a veterans service organization does not take possession of a portion of unclaimed soil remains under subsection (e)(1) of this section that qualifies for a plot in a State veterans cemetery under § 9–906 of the State Government Article, within 10 days after the reduction facility receives the notification, the reduction facility shall:

(1) notify the Department of Veterans and Military Families of the status of the soil remains for the purpose of the appropriate disposition of the soil remains;

(2) transfer the soil remains to the Department of Veterans and Military Families for the purpose of the appropriate disposition of the soil remains; and

(3) if authorized by the cemetery or owner, transfer the balance of the soil remains to a cemetery or the owner of a woodland protected under the Forest Conservation Act.
Md. Code, State Personnel and Pensions § 5-314 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-314
§5–314.
Status: in_force

Information obtained as part of an investigation conducted under this subtitle is confidential within the meaning of Title 4 of the General Provisions Article.
Md. Code, General Provisions § 5-514.1 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-514.1
§5–514.
Status: in_force

§5–514.1.

(a) In this section, “official electronic legislative newsletter” means a document that:

(1) is electronically distributed; and

(2) is used by an incumbent, with supervision by or coordination with the General Assembly, to disseminate information about one or more issues of public interest chosen by the incumbent.

(b) An official electronic legislative newsletter may include a link to a social media account of the incumbent only if the social media account:

(1) is used to communicate legislative and constituent information;

(2) is not primarily used for electoral purposes, as defined in COMAR 33.13.01.01;

(3) is not used for the personal economic gain of the incumbent; and

(4) except for a usual and customary constituent service, is not used for the economic gain of another person.
Md. Code, Environment § 5-801 — MD Code / Article gen / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

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

(b) “Area of nontidal inundation” means an area within the State which is subject to inundation caused predominately by accumulated surface runoff or excess rainfall runoff, or both.

(c) “Area of tidal inundation” means an area within the State which is subject to inundation caused predominately by tides or wind-driven waters, or both.

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

(e) “Federal flood insurance program” means the program established by the National Flood Insurance Act of 1968, as amended.

(f) “Flood hazard area” means an area of tidal or nontidal inundation resulting from a 100-year flood event and established pursuant to the provisions of § 5-803 of this subtitle.

(g) “100-year flood event” or “100-year flood” means a flood that has a 1% chance of being equalled or exceeded in any given year.

(h) “Secretary” means the Secretary of the Environment.

(i) “Subdivision” means:

(1) Any county, including Baltimore City; and

(2) Any incorporated municipality which has the authority to adopt and enforce land use and control measures for the areas within its jurisdiction.
Md. Code, Economic Development § 5-2602 — MD Code / Article gec / Title 5 / Subtitle 26 / Section 5-2602
§5–2602.
Status: in_force

(a) There is a Maryland Aerospace and Technology Commission in the Department.

(b) The purpose of the Commission is to promote innovation in the fields of space exploration and commercial aerospace opportunities, including the integration of space, aeronautics, and aviation industries into the economy of the State.
Md. Code, Family Law § 5-801 — MD Code / Article gfl / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

(a) A person who is charged with the care of a child under the age of 8 years may not allow the child to be locked or confined in a dwelling, building, enclosure, or motor vehicle while the person charged is absent and the dwelling, building, enclosure, or motor vehicle is out of the sight of the person charged unless the person charged provides a reliable person at least 13 years old to remain with the child to protect the child.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 30 days, or both.
Md. Code, Insurance § 5-402 — MD Code / Article gin / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

(a) This section applies to a bond or other evidence of indebtedness that:

(1) has a fixed term and rate of interest;

(2) is held by an insurer;

(3) is amply secured; and

(4) is not in default as to principal or interest.

(b) (1) A bond or other evidence of indebtedness subject to this section may be valued:

(i) if purchased at par, at the par value; or

(ii) if purchased above or below par:

1. on the basis of the purchase price adjusted to bring the value to par at maturity and to yield in the meantime the effective rate of interest at which the purchase was made; or

2. according to another accepted method of valuation that the Commissioner approves.

(2) The purchase price may not be valued at a higher figure than the sum of:

(i) the actual market value at the time of purchase; and

(ii) the actual brokerage, transfer, postage, or express charges paid in the acquisition of the bond or other evidence of indebtedness.

(3) Unless otherwise provided by a valuation that the Commissioner establishes or approves, a bond or other evidence of indebtedness may not be carried on its books at above the call price for the entire issue during any period within which the security may be called.
Md. Code, Family Law § 5-511 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-511
§5–511.
Status: in_force

Before any license may be issued under this subtitle to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the Administration:

(1) a certificate of compliance with the Maryland Workers’ Compensation Act; or

(2) the number of a workers’ compensation insurance policy or binder.
Md. Code, Economic Development § 5-708 — MD Code / Article gec / Title 5 / Subtitle 7 / Section 5-708
§5–708.
Status: in_force

(a) An area that is designated an enterprize zone, empowerment zone, or enterprise community under federal law shall automatically be designated as an enterprise zone notwithstanding the limit on the number of enterprise zones that the Secretary may designate under § 5-704(b) of this subtitle.

(b) An application by a political subdivision and the designation by the Secretary of an area as an enterprise zone constitutes the State approval that may be required to designate an area as an enterprise zone under federal law.
Md. Code, Insurance § 5-606 — MD Code / Article gin / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

(a) (1) Except as otherwise specifically provided in this subtitle, an insurer may not have more than 10% of its total admitted assets invested in or lent on the securities of one person.

(2) Paragraph (1) of this subsection does not apply to:

(i) the classes of governmental obligations eligible for minimum capital investments of the insurer, including those obligations eligible under § 5-608(l) of this subtitle; or

(ii) investments in stock of other insurers.

(b) An insurer may not acquire the kind of real property specified in § 5-608(n)(1)(i) and (ii) of this subtitle if the value of the real property, plus the value of all of the real property then held by the insurer, exceeds 10% of the insurer’s total admitted assets.
Md. Code, Economic Development § 5-506 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

(a) The Authority consists of the following nine members:

(1) seven members appointed by the Governor;

(2) the Secretary or the Secretary’s designee; and

(3) (i) the Comptroller or the Treasurer as designated by the Governor; or

(ii) the designee of the Governor’s designee.

(b) (1) The term of an appointed member is 5 years.

(2) The terms of appointed members are staggered as required for appointments to the Authority on October 1, 2008.

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

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

(c) The Governor may remove an appointed member for cause.
Md. Code, Family Law § 5-3B-05 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-05
§5–3B–05.
Status: in_force

(a) Unless a court excludes a man as the father of a child, a man is the father if:

(1) the man was married to the child’s mother at the time of the child’s conception;

(2) the man was married to the child’s mother at the time of the child’s birth;

(3) the man is named as the father on the child’s birth certificate and has not signed a denial of paternity;

(4) the child’s mother has named the man as the child’s father and the man has not signed a denial of paternity;

(5) the man has been adjudicated to be the child’s father;

(6) the man has acknowledged himself, orally or in writing, to be the child’s father and the mother agrees; or

(7) on the basis of genetic testing, the man is indicated to be the child’s biological father.

(b) (1) A petitioner under this subtitle shall give a court notice that a man who is not named in the petition and has not been excluded as a father claims paternity.

(2) After a request of a party or claimant and before ruling on a petition for adoption under this subtitle, a court shall hold a hearing on the issue of paternity.
Md. Code, Family Law § 5-702 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

The purpose of this subtitle is to protect children who have been the subject of abuse or neglect by:

(1) mandating the reporting of any suspected abuse or neglect;

(2) giving immunity to any individual who reports, in good faith, a suspected incident of abuse or neglect;

(3) requiring prompt investigation of each reported suspected incident of abuse or neglect;

(4) causing immediate, cooperative efforts by the responsible agencies on behalf of children who have been the subject of reports of abuse or neglect; and

(5) requiring each local department to give the appropriate service in the best interest of the abused or neglected child.
Md. Code, Family Law § 5-306 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) Unless a court excludes a man as the father of a child, a man is the father if:

(1) the man was married to the child’s mother at the time of the child’s conception;

(2) the man was married to the child’s mother at the time of the child’s birth;

(3) the man is named as the father on the child’s birth certificate and has not signed a denial of paternity;

(4) the child’s mother has named the man as the child’s father and the man has not signed a denial of paternity;

(5) the man has been adjudicated to be the child’s father;

(6) the man has acknowledged himself, orally or in writing, to be the child’s father and the mother agrees; or

(7) on the basis of genetic testing, the man is indicated to be the child’s biological father.

(b) (1) A petitioner under Part II or Part III of this subtitle shall give a juvenile court notice that a man who is not named in the petition and has not been excluded as a father claims paternity.

(2) After a request of a party or claimant and before ruling on a petition under Part II or Part III of this subtitle, a juvenile court shall hold a hearing on the issue of paternity.
Md. Code, Health - General § 5-618 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-618
§5–618.
Status: in_force

The provisions of this Part I of this subtitle shall be known and may be cited as the “Health Care Decisions Act”.
Md. Code, Correctional Services § 5-403 — MD Code / Article gcs / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

(a) The Commissioner may appoint assistant facility administrators for the Youth Detention Center as provided in the State budget.

(b) An assistant facility administrator serves at the pleasure of the Commissioner.

(c) Subject to the authority of the Commissioner and the Secretary, in the absence of the facility administrator, an assistant facility administrator designated by the facility administrator is in charge of the Youth Detention Center.
Md. Code, Tax - General § 5-301 — MD Code / Article gtg / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

(a) A person who, under a Class E, F, or G alcoholic beverage license, sells or delivers any alcoholic beverages within the boundaries of the State shall pay the alcoholic beverage tax on those alcoholic beverages, in the manner that the Comptroller requires, with the return that covers the period in which the person sells or delivers those alcoholic beverages.

(b) (1) A manufacturer that, under an alcoholic beverage license as a winery or limited winery, sells or delivers wine to retail dealers or to consumers in the State shall pay the alcoholic beverage tax on that wine, in the manner that the Comptroller requires, with the return that covers the period in which the manufacturer sells or delivers that wine.

(2) A manufacturer that sells, to wholesalers or retail dealers for consumption in the State, beer on which the alcoholic beverage tax was not paid before the beer was delivered into the State shall pay the alcoholic beverage tax on that beer, in the manner that the Comptroller requires, with the return that covers the period in which the manufacturer sells that beer.

(3) A manufacturer that, under a Class 6 pub–brewery license, brews and transfers malt beverages for consumption on restaurant premises in the State shall pay the alcoholic beverage tax on that malt beverage, in the manner that the Comptroller requires, with the return that covers the period in which the manufacturer transfers that malt beverage.

(4) A manufacturer that, under a Class 7 micro–brewery license, brews and transfers malt beverages for consumption off the micro–brewery licensed premises in the State shall pay the alcoholic beverage tax on that malt beverage, in the manner that the Comptroller requires, with the return that covers the period in which the manufacturer transfers that malt beverage.

(c) A person who holds a nonresident winery permit under § 2–135 of the Alcoholic Beverages and Cannabis Article that sells or delivers wine to retail dealers in the State shall pay the alcoholic beverage tax on that wine, in the manner that the Comptroller requires, with the return that covers the period in which the wine manufacturer who holds a nonresident winery permit sells or delivers that wine.

(d) Before a nonresident dealer delivers or ships beer to a wholesaler in the State, the nonresident dealer shall pay the alcoholic beverage tax on that beer, in the manner that the Comptroller requires.

(e) Before a resident dealer delivers or ships beer to a wholesaler in the State, the resident dealer shall pay the alcoholic beverage tax on that beer, in the manner that the Comptroller requires.

(f) (1) A wholesaler that sells or delivers distilled spirits or wine to retail dealers in the State shall pay the alcoholic beverage tax on those distilled spirits and wine, in the manner that the Comptroller requires, with the return that covers the period in which the wholesaler sells or delivers those distilled spirits and wine.

(2) A wholesaler that imports beer directly from a place outside the United States shall pay the alcoholic beverage tax on that beer, in the manner that the Comptroller requires, before the wholesaler receives that beer in the State.

(g) A person who pays the alcoholic beverage tax shall obtain:

(1) tax stamps or certificates if required for distilled spirits under § 5–303 of this subtitle; or

(2) any other evidence of tax payment that the Comptroller requires by regulation.
Md. Code, Family Law § 5-1034 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1034
§5–1034.
Status: in_force

(a) The court may direct that any payment ordered under this subtitle be made to the mother or any other person.

(b) If the child is, or is likely to become, a public charge, the court may order any payment ordered under this subtitle to be made to the appropriate support enforcement agency for the support of the child.
Md. Code, Business Regulation § 5-905 — MD Code / Article gbr / Title 5 / Subtitle 9 / Section 5-905
§5–905.
Status: in_force

(a) If the Director finds that a person has violated this subtitle or a regulation adopted under this subtitle, the Director may refer the matter to:

(1) the Attorney General for civil enforcement; or

(2) the appropriate State’s Attorney for criminal prosecution.

(b) The Attorney General may sue for and a court may grant:

(1) injunctive or other equitable relief;

(2) imposition of a civil penalty not exceeding $5,000; or

(3) both.
Md. Code, Natural Resources § 5-2A-02 — MD Code / Article gnr / Title 5 / Subtitle 2A / Section 5-2A-02
§5–2A–02.
Status: in_force

(a) (1) (i) On or before October 1, 2023, the Department of Budget and Management shall increase the number of full–time employees in the Department by 100 permanent, classified positions.

(ii) The Department of Budget and Management shall budget the 100 positions required under subparagraph (i) of this paragraph as follows:

1. 90 positions in the Park Service, including 1 volunteer management program coordinator;

2. 5 positions in the Engineering and Construction Unit;

3. 3 positions in the Land Acquisition and Planning Unit; and

4. 2 assistant Attorneys General with experience in real estate law assigned to the Department and designated by the Attorney General to advise on real estate and transactional matters.

(2) For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of $12,000,000 to fund the 100 permanent, classified positions required under paragraph (1) of this subsection and related operating costs.

(b) (1) The Department of Budget and Management shall:

(i) Conduct a staff adequacy review of the Park Service every 2 years; and

(ii) Report its findings to the Commission and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(2) As a part of the report under paragraph (1)(ii) of this subsection, the Department of Budget and Management shall consider staffing goals for the Park Service.

(c) (1) The Department of Budget and Management shall:

(i) Conduct a staff salary review of the Park Service every 3 years; and

(ii) Report its findings to the Commission and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(2) The salary review required under paragraph (1)(i) of this subsection shall focus on the goals of improving:

(i) Hiring by compensating Park Service employees at a level commensurate with:

1. Local park systems;

2. The National Park Service; and

3. For Park Service maintenance personnel who perform skilled and licensed trade functions, the private sector; and

(ii) Retention by promoting upward mobility within a job series.

(d) The Department shall recognize forest rangers, park rangers, and wildlife rangers as emergency services personnel.

(e) (1) (i) The Department shall implement a volunteer management program to strategically manage volunteer services provided by individuals and State parks friends groups.

(ii) The volunteer management program implemented under subparagraph (i) of this paragraph shall be modeled on the National Park Service’s Volunteers–In–Parks program.

(2) The volunteer management program shall be managed by a volunteer program manager dedicated to overseeing the volunteer management program.

(3) The volunteer program manager shall:

(i) Conduct annual training for staff and volunteers;

(ii) Develop and promote volunteer opportunities;

(iii) Perform audits, evaluations, and monitoring to determine the efficacy of the volunteer management program; and

(iv) Develop an annual report on volunteer statistics and impacts.

(f) The Department shall expand its work with park–focused organizations to leverage charitable funding for park enhancements.
Md. Code, Family Law § 5-714 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-714
§5–714.
Status: in_force

(a) The Social Services Administration may maintain a centralized confidential database of cases reported under this subtitle.

(b) Each local department shall enter and have access to information in the centralized confidential database related to reports, investigations, and assessments of suspected abuse or neglect.

(c) The information in the centralized confidential database shall be accessible only to:

(1) the protective services staff of the Administration;

(2) the protective services staffs of local departments who are investigating or assessing a report of suspected abuse or neglect; and

(3) an individual or entity specifically authorized by law to access the information.

(d) The Department or a local department may identify an individual as responsible for abuse or neglect in the centralized confidential database only if the individual:

(1) has been found guilty of any criminal charge arising out of the alleged abuse or neglect; or

(2) has been found responsible for indicated abuse or neglect and has:

(i) unsuccessfully appealed the finding in accordance with the procedures established under § 5–706.1 of this subtitle; or

(ii) failed to exercise the individual’s appeal rights within the time frames specified in § 5–706.1 of this subtitle, Title 10, Subtitle 2 of the State Government Article, or the Maryland Rules.

(e) The centralized confidential database may not contain any information that is required to be expunged under § 5–707 of this subtitle.

(f) (1) Unless an individual has been identified as responsible for abuse or neglect in the centralized confidential database in accordance with subsection (d) of this section, information in the centralized confidential database may not be provided in response to any request for background information for employment or voluntary service.

(2) An official or employee of the Department or a local department who releases information from the centralized confidential database in violation of paragraph (1) of this subsection is subject to the penalty provided in § 1–202(f) of the Human Services Article.

(g) Notwithstanding any other provision of law, an individual may not be identified as responsible for abuse or neglect in the centralized confidential database solely because:

(1) a child has been released from a hospital or other facility;

(2) the child has been diagnosed with a mental disorder or developmental disability; and

(3) the individual has failed to take the child home due to a reasonable fear for the safety of the child or child’s family.

(h) The Secretary of Human Services:

(1) shall adopt regulations necessary to protect the rights of individuals suspected of abuse or neglect; and

(2) may adopt regulations to implement the provisions of this section.
Md. Code, Economic Development § 5-533 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-533
§5–533.
Status: in_force

In this part, “Fund” means the Small Business Development Guaranty Fund.
Md. Code, Labor and Employment § 5-1003 — MD Code / Article gle / Title 5 / Subtitle 10 / Section 5-1003
§5–1003.
Status: in_force

(a) In evaluating an employer’s application for participation in the Program, the Commissioner may conduct an on–site evaluation of the employer’s place of employment.

(b) After the approval of an employer’s application for participation, the employer’s continued participation in the Program is contingent on the employer’s compliance with the regulations adopted by the Commissioner under § 5–1004 of this subtitle, as determined by periodic on–site evaluations by the Commissioner.

(c) Except as provided in subsection (d) of this section, during the period in which the employer is a participant in the Program, the employer’s place of employment is exempt from occupational safety and health inspections conducted by the Commissioner under Title 5, Subtitle 2 of this article, to the extent allowed by federal law and regulations.

(d) Notwithstanding an employer’s participation in the Program, a place of employment is not exempt from inspections or investigations that arise from complaints, referrals, catastrophes, fatalities, accidents, or significant toxic chemical releases.
Md. Code, Education § 5-111.1 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-111.1
§5–111.
Status: in_force

§5–111.1.

(a) In this section, “specialized intervention services” means services provided to students in kindergarten through grade 3 who:

(1) Are not currently identified as needing special education or related services under Title 8, Subtitle 4 of this article;

(2) Need additional academic and behavioral supports to succeed in a core curriculum and differentiated instruction general education environment; and

(3) Receive additional academic and behavioral support in small groups or individual settings at least 3 times each week for at least 90 minutes each week for a period of at least 10 weeks during a school year.

(b) Beginning with the 2018–2019 school year, on or before December 1 each year, each county board shall submit to the Department and, subject to § 2–1257 of the State Government Article, the General Assembly a report for the prior school year on:

(1) The number of students who received specialized intervention services;

(2) The grades in which specialized intervention services were provided; and

(3) The annual budget, including all federal, State, and local funds, for specialized intervention services, including screenings, evaluations, materials, professional development, and staffing.

(c) The Department shall establish guidelines for the report that each county board is required to submit under subsection (b) of this section.

(d) A county board shall publish annually on the county board’s website the information submitted under subsection (b) of this section.

(e) The Department shall publish annually on the Department’s website the information received under subsection (b) of this section.
Md. Code, Corporations and Associations § 5-701 — MD Code / Article gca / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

Any provision in the charter of a charitable or benevolent Maryland corporation existing on June 1, 1951, whether incorporated under any public general law or special act of the State, purporting to limit or restrict the tenure or enjoyment of property or income is ineffective to limit or restrict the right of the corporation to hold, enjoy, use, and deal with any property and income in any way.
Md. Code, Education § 5-326 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-326
§5–326.
Status: in_force

(a) In this section, “Fund” means the Nancy K. Kopp Public School Facilities Priority Fund.

(b) There is a Nancy K. Kopp Public School Facilities Priority Fund.

(c) (1) Except as provided in paragraph (2) of this subsection, beginning in fiscal year 2028, the purpose of the Fund is to provide State funds to address the facility needs of the highest priority schools in the State as identified by the statewide facilities assessment completed by the Interagency Commission on School Construction under § 5–310(e) of this subtitle, with highest priority given to schools with a severe facility issue that required the school to be closed in the current school year or the previous school year.

(2) In fiscal year 2027, or if the statewide facilities assessment is not completed, the purpose of the Fund is to provide State funds to address the severity of issues in a school, including:

(i) Air conditioning;

(ii) Heating;

(iii) Indoor air quality;

(iv) Mold remediation;

(v) Temperature regulation;

(vi) Plumbing, including the presence of lead in drinking water outlets in school buildings;

(vii) Windows; and

(viii) Any additional severe issues in the school that require the school to be closed.

(d) The Interagency Commission on School Construction shall administer the Fund.

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

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

(f) The Fund consists of:

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

(2) Any interest earnings of the Fund; and

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

(g) The Fund may be used only for the purpose established under subsection (c) of this section.

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

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

(i) In fiscal year 2027 and each fiscal year thereafter, the Governor shall appropriate in the annual State operating or capital budget bill at least $70,000,000 to the Fund.

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

(k) Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated in the annual State operating or capital budget bill to primary and secondary schools under this article.
Md. Code, Business Occupations and Professions § 5-604 — MD Code / Article gbo / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) (1) Unless authorized under this title to practice cosmetology, a person may not represent to the public, by use of a title, including “licensed cosmetologist”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice cosmetology in the State.

(2) If an individual is authorized under this title to engage in the limited practice of cosmetology, the individual may represent to the public that the individual is authorized to practice cosmetology in a manner restricted to that limited practice.

(b) Unless an establishment holds a beauty salon permit under this title, a person may not represent to the public, by title, by description of services, methods, or procedures, or otherwise, that the establishment is a beauty salon.
Md. Code, Natural Resources § 5-204 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) (1) There is a Sustainable Forestry Council in the Department.

(2) The purpose of the Council is to advise the Department on all matters related to:

(i) Sustainable forestry management in the State;

(ii) The expenditure of funds from the Mel Noland Woodland Incentives Fund under § 5–307 of this title;

(iii) Existing regulatory and statutory policies that are perceived as economic barriers to a viable forest products industry;

(iv) New markets to enhance forest health, including renewable energy development through biomass energy, to offset fossil fuel consumption and reduce greenhouse gas emissions;

(v) Creative strategies to help privately owned forest lands better compete with real estate market values that are driving forest conversion and fragmentation;

(vi) The means to promote forest–based economies and processing capability that contribute to economic and employment growth; and

(vii) Assigning a nutrient efficiency benefit to forest stewardship plans and other forest conservation management plans that can be measurably tracked and reported by the number of forested acres covered by the plans.

(b) (1) The Sustainable Forestry Council shall have 9 members.

(2) Members of the Council shall be appointed by the Governor, with the advice of the Secretary, to serve at the pleasure of the Governor.
Md. Code, Corporations and Associations § 5-518 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-518
§5–518.
Status: in_force

(a) (1) Any member of a cooperative may bring charges of misconduct or incompetency against a director by filing with the secretary of the cooperative a written petition signed by 10 percent of the members or 25 members, whichever is less, specifying the charges and requesting removal of the director.

(2) The question of removal shall be voted on at the next regular or special meeting of the cooperative.

(3) Before the meeting is held, the director against whom charges are brought shall be informed in writing of the charges, and both the director and the member bringing the charges shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses.

(4) The removal of a director shall be by the affirmative vote of a majority of the members voting in person or by mail.

(b) (1) If the board of directors in its judgment finds that the best interests of the cooperative will be served, it may remove any officer of the cooperative.

(2) The removal of an officer does not prejudice any of his contract rights.
Md. Code, Business Occupations and Professions § 5-524 — MD Code / Article gbo / Title 5 / Subtitle 5 / Section 5-524
§5–524.
Status: in_force

The Board may reinstate the beauty salon permit of a person whose beauty salon permit has been suspended or revoked under § 5-522 of this subtitle if the person:

(1) applies to the Board for reinstatement of the beauty salon permit; and

(2) provides to the Board adequate evidence that the applicant is qualified to have the beauty salon permit reinstated.
Md. Code, Transportation § 5-821 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-821
§5–821.
Status: in_force

(a) Unless a person has an appropriate permit issued by the Administration, the person may not, in a noise zone established under this part:

(1) Establish or construct any new structure;

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

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

(b) Notwithstanding subsection (a) of this section, the Administration may not require any person to obtain a permit to construct an addition to a residential structure in a noise zone established under this part, if:

(1) The resultant improved structure retains the same number of family dwelling units; and

(2) The addition is not made eligible for participation in any State funded noise assistance program established under Subtitle 12 of this title.

(c) The Administration may not grant a permit if the proposed action would:

(1) Enlarge the size of or create an impacted land use area; or

(2) Violate local land use and zoning laws.

(d) Unless a person has an appropriate permit issued by the Administration or a variance granted by the Board of Airport Zoning Appeals, a political subdivision may not approve a final subdivision plan or issue any permit that is prerequisite to the construction of improvements in a noise zone established under this subtitle.
Md. Code, Health - General § 5-607 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

A health care provider may treat a patient who is incapable of making an informed decision, without consent, if:

(1) The treatment is of an emergency medical nature;

(2) A person who is authorized to give the consent is not available immediately; and

(3) The attending physician determines that:

(i) There is a substantial risk of death or immediate and serious harm to the patient; and

(ii) With a reasonable degree of medical certainty, the life or health of the patient would be affected adversely by delaying treatment to obtain consent.
Md. Code, Natural Resources § 5-1009 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1009
§5–1009.
Status: in_force

A person 62 years old or older who possesses a Maryland Golden Age Pass, issued by the Maryland Park Service, may camp overnight in any State park at one-half of the established fee Monday through Thursday, excluding holidays.
Md. Code, Family Law § 5-525.2 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-525.2
§5–525.
Status: in_force

§5–525.2.

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

(2) “Sibling” means a brother or sister of the whole or half blood or by adoption.

(3) “Treatment foster care home” means an out–of–home placement facility that is part of a program designed and implemented by a child placement agency to provide intensive casework and treatment in a family setting to children with special physical, emotional, or behavioral needs.

(b) (1) A local department shall place together siblings who are in an out–of–home placement under § 5–525 of this subtitle if:

(i) it is in the best interests of the siblings to be placed together; and

(ii) placement of the siblings together does not conflict with a specific health or safety regulation.

(2) If placement of the siblings together conflicts with a specific health or safety regulation, the local department may place the siblings together if the local department makes a written finding describing how placement of the siblings together serves the best interests of the siblings.

(3) Notwithstanding any other provision of law, in order to place siblings together the local department may place more than two children who require treatment in an eligible treatment foster care home if:

(i) the local department makes a written finding explaining why placement of the siblings together:

1. is in the best interests of the siblings; and

2. will not harm other children placed at the same treatment foster care home; and

(ii) the local department notifies the Administration of the placement.

(c) (1) Any siblings who are separated due to a foster care or adoptive placement may petition a court, including a juvenile court with jurisdiction over one or more of the siblings, for reasonable sibling visitation rights.

(2) If a petitioner under this subsection petitions a court to issue a visitation decree or to amend an order, the court:

(i) may hold a hearing to determine whether visitation is in the best interest of the children;

(ii) shall weigh the relative interests of each child and base its decision on the best interests of the children promoting the greatest welfare and least harm to the children; and

(iii) may issue an appropriate order or decree.
Md. Code, Corporations and Associations § 5-517 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-517
§5–517.
Status: in_force

(a) Each cooperative shall have the following officers:

(1) A president;

(2) A vice president;

(3) A secretary; and

(4) A treasurer.

(b) In addition to the required officers, a cooperative may have any other officer provided for in the bylaws.

(c) The president and vice president shall be elected from among the directors.
Md. Code, Financial Institutions § 5-511 — MD Code / Article gfi / Title 5 / Subtitle 5 / Section 5-511
§5–511.
Status: in_force

(a) Banking institutions may not have common directors unless the Commissioner finds that a common directorship is in the public interest and not detrimental to either banking institution.

(b) (1) An individual who now is a director of more than one banking institution may complete the term of office of each directorship and may be reelected to each directorship.

(2) This section does not prohibit any person from being an officer, employee, director, or trustee of a mutual holding company and its subsidiary savings bank, shares of which are owned by the same mutual holding company.
Md. Code, Commercial Law § 5-118 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-118
§5–118.
Status: in_force

(a) An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation.

(b) So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under subsection (a), the security interest continues and is subject to Title 9 of this article, but:

(1) A security agreement is not necessary to make the security interest enforceable under § 9-203(b)(3);

(2) If the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and

(3) If the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument, or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document.
Md. Code, Economic Development § 5-1603 — MD Code / Article gec / Title 5 / Subtitle 16 / Section 5-1603
§5–1603.
Status: in_force

(a) In order to qualify for participation in the Program, a new business must meet the criteria in this section.

(b) The business must:

(1) be located in a county that has a comparable support program to reduce office space vacancies in the county;

(2) be:

(i) a home–based start–up enterprise occupying its first commercial space in the county;

(ii) a business relocating from outside the State; or

(iii) a business significantly expanding its operations in the county;

(3) (i) execute a direct lease with the landlord for at least 3 years of not more than 10,000 square feet; or

(ii) obtain an occupancy permit, if sharing office space with another business; and

(4) apply for support from the Program within 90 days after signing the lease or obtaining the occupancy permit.

(c) The Program may exclude from support a business that is relocating from one county to another county within the State.

(d) A grant recipient that fails to fulfill the eligibility and maintenance requirements of the Program or of the county comparable program that supports the recipient may be required to return all or part of the grant to the Program.
Md. Code, Corporations and Associations § 5-307 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) The trustees shall:

(1) Keep an accurate record book;

(2) Allow inspection of the record book by members of the religious corporation; and

(3) Allow the proceedings recorded in the record book to be presented before a public meeting, if required by five or more members of the religious corporation.

(b) Unless the plan provides otherwise, the trustees shall be elected and their successors continued at the time and place ordinarily used for public meetings of the church, by the individuals who, according to the custom and usage of the church, have a voice in the management and direction of congregational or temporal affairs.

(c) Unless the plan permits otherwise, the minister of the church or, if there is more than one minister, the senior minister shall be a trustee of the religious corporation, in addition to the trustees required by § 5-302(b)(1) of this subtitle.
Md. Code, Health - General § 5-610 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

(a) Any person who willfully conceals, cancels, defaces, obliterates, or damages the advance directive of another without the declarant’s or patient’s consent or who falsifies or forges a revocation of the advance directive of another, thereby causing life-sustaining procedures to be utilized in contravention of the previously expressed intent of the patient, shall be guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.

(b) Any person who falsifies or forges the advance directive of another, or falsifies or forges an affidavit under § 5-605 of this subtitle, or willfully conceals or withholds personal knowledge of the revocation of an advance directive with the intent to cause a withholding or withdrawal of life-sustaining procedures, contrary to the wishes of the declarant and thereby, because of such act, directly causes life-sustaining procedures to be withheld or withdrawn and death to be hastened, shall be guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.

(c) The penalties provided in this section shall be in addition to any other penalties provided by law.
Md. Code, Financial Institutions § 5-210 — MD Code / Article gfi / Title 5 / Subtitle 2 / Section 5-210
§5–210.
Status: in_force

An examiner shall have access to all the records of a subsidiary savings bank, its mutual holding company, or other related entity including the records of any controlling person, director, officer, agent, or employee of the subsidiary savings bank, its mutual holding company, or other related entity that relate to the business of the subsidiary savings bank, its mutual holding company, or other related entity.
Md. Code, Family Law § 5-322 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-322
§5–322.
Status: in_force

(a) If all consents for guardianship of a child have been given in accordance with this subtitle and the child has not objected, a juvenile court may enter an order for guardianship.

(b) (1) Within 5 days after entry of an order under this section, a juvenile court shall give notice of the order to:

(i) each party or, if represented, counsel;

(ii) each of the child’s living parents who has not waived the right to notice;

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

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

(2) Notice under this subsection shall be by first-class mail.

(3) Notice to a party under this subsection shall be sent to the party’s last address known to the juvenile court.
Md. Code, Education § 5-229 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-229
§5–229.
Status: in_force

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

(2) “County program amount” means, for each county, the product of the per pupil amount and the prekindergarten enrollment.

(3) “Family share” means the amount calculated under subsection (e) of this section rounded to the nearest whole dollar.

(4) “Local share” means, for each county, the result of the county program amount minus the State share rounded to the nearest whole dollar.

(5) “Per pupil amount” means:

(i) In fiscal year 2023, $10,094;

(ii) In fiscal year 2024, $11,594;

(iii) In fiscal year 2025, $13,003;

(iv) In fiscal year 2026, $14,473;

(v) In fiscal year 2027, $19,950;

(vi) In fiscal year 2028, $19,950; and

(vii) In fiscal year 2029 and each fiscal year thereafter, the per pupil amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar.

(6) “Prekindergarten enrollment” means:

(i) Beginning in fiscal year 2023, the number of Tier I children enrolled with an eligible prekindergarten provider; and

(ii) Beginning in fiscal year 2026, the number of Tier I and Tier II children enrolled with an eligible prekindergarten provider.

(7) “State share” means, for each county, rounded to the nearest whole dollar, the following calculations multiplied by 0.5:

(i) Multiply the per pupil amount by the county’s prekindergarten enrollment;

(ii) Divide the result calculated under item (i) of this paragraph by the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per pupil; and

(iii) Multiply the result calculated under item (ii) of this paragraph by the result, rounded to seven decimal places, that results from dividing the total program amount by the sum of all of the results calculated under item (ii) of this paragraph for all counties.

(8) “Tier I child” has the meaning stated in § 7–1A–01 of this article.

(9) “Tier II child” has the meaning stated in § 7–1A–01 of this article.

(10) “Tier III child” has the meaning stated in § 7–1A–01 of this article.

(11) “Total program amount” means the product of the per pupil amount and the statewide prekindergarten enrollment.

(b) To be eligible for public funding, a prekindergarten provider shall comply with Title 7, Subtitle 1A of this article.

(c) (1) (i) As calculated under subsection (d) of this section, there is a State share and local share of the per pupil amount for Tier I children.

(ii) There is no family share for Tier I children.

(2) As calculated under subsection (e) of this section and beginning in fiscal year 2026, there is a State share, local share, and family share of the per pupil amount for Tier II children.

(3) Tier III children are not eligible for funding under this section.

(d) (1) For public providers, each fiscal year:

(i) The State shall distribute the State share to each county board; and

(ii) The county board shall distribute to each public provider the minimum school funding amount for prekindergarten calculated under § 5–234 of this subtitle.

(2) For private providers, each fiscal year:

(i) The State shall distribute the State share for private providers to the Department;

(ii) The county shall distribute the local share for private providers to the Department; and

(iii) The Department shall distribute the State and local share to the private providers.

(e) (1) On or before July 1, 2022, the Department shall establish a sliding scale to calculate the family share required for Tier II children.

(2) The sliding scale developed by the Department shall be increased on a linear basis with:

(i) A lower limit of $0 per pupil for a family with an income that is 300% of the federal poverty level; and

(ii) An upper limit of the per pupil amount for a family with an income that is more than 300% but less than 600% of the federal poverty level.

(3) (i) Beginning in fiscal year 2026, the family shall pay the family share to the publicly funded prekindergarten provider.

(ii) A county board may provide up to 100% of the family share on behalf of the family.

(f) Income–eligible families shall have access to extended day services through the Child Care Scholarship Program under Title 9.5, Subtitle 9 of this article.

(g) The Department, county boards, and eligible prekindergarten providers shall work together to address the transportation needs of children enrolled in eligible prekindergarten providers.

(h) On or before November 1, 2021, the Department shall report to the Accountability and Implementation Board and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:

(1) Plans for an income verification process to determine eligibility for Tier I, Tier II, or Tier III status of a child;

(2) Administrative procedures for distributing the funds required under subsection (d) of this section;

(3) (i) Providing families with the ability to indicate a preference for the public or private prekindergarten program in which to enroll the child; and

(ii) Communicating with families that the ability to choose to enroll a child in a public provider outside the family’s attendance area is available only for prekindergarten;

(4) Recommendations for the methodology the Department will use to calculate the State, local, and family share for Tier II children under the sliding scale developed under subsection (e) of this section; and

(5) Recommendations on whether to extend the prekindergarten supplemental grant provided under § 5–232 of this subtitle.
Md. Code, Natural Resources § 5-422 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-422
§5–422.
Status: in_force

The Department may issue and grant a license to or otherwise authorize the practice as a tree expert in Maryland by any person who is a lawful holder of a tree expert license under the laws of another state which extends similar privileges to licensed tree experts of this State. The requirements for the license in the state which has granted it must be, in the opinion of the Department, at least equivalent to those provided for in Maryland.
Md. Code, Financial Institutions § 5-204 — MD Code / Article gfi / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

Instead of making an examination under this subtitle, the Commissioner may accept a copy of the report of a reasonably recent examination of the banking institution by a federal banking authority.
Md. Code, Courts and Judicial Proceedings § 5-605 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

(a) A law enforcement officer acting outside the officer’s jurisdiction but in the State, is not civilly liable, except to the extent that he would be if acting in his own jurisdiction, for any act or omission in preventing or attempting to prevent a crime, or in effectuating an arrest, in order to protect life or property if:

(1) The action is not grossly negligent; and

(2) The action is taken at the scene of the crime or attempted crime.

(b) A law enforcement officer sued for acting under subsection (a) of this section shall be defended in any civil action by the law enforcement officer’s employer as if the incident had occurred in the officer’s jurisdiction.

(c) A law enforcement officer who is injured in taking action under subsection (a) of this section is entitled to workers’ compensation, disability, death benefits, life insurance and all other benefits to the same extent as if the injury had been sustained in the officer’s jurisdiction.
Md. Code, Labor and Employment § 5-1002 — MD Code / Article gle / Title 5 / Subtitle 10 / Section 5-1002
§5–1002.
Status: in_force

(a) (1) There is a Voluntary Protection Program in the Division of Labor and Industry.

(2) Under the Program, the Commissioner shall recognize employers with places of employment in which an exemplary, voluntarily implemented worker safety and health management system has been implemented that exceeds basic compliance with occupational safety and health laws and regulations.

(b) The purpose of the Program is to encourage participating employers to have exemplary worker safety and health programs.

(c) An employer who wishes to participate in the Program shall submit an application to the Commissioner for approval.

(d) The Commissioner shall establish the contents of the application form, as well as other documentation that the Commissioner may require.
Md. Code, Alcoholic Beverages and Cannabis § 5-110 — MD Code / Article gab / Title 5 / Subtitle 1 / Section 5-110
§5–110.
Status: in_force

(a) (1) A beer distributor or franchisee may bring an action in a court of general jurisdiction to recover damages against a beer manufacturer, franchisor, or franchisee for violation of this subtitle.

(2) If appropriate, the beer distributor or franchisee is entitled to injunctive relief.

(b) In an action for violation of this subtitle, the prevailing beer distributor or franchisee is entitled to the costs of the action including reasonable attorney’s fees.
Md. Code, Transportation § 5-812 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-812
§5–812.
Status: in_force

(a) Unless a person has an appropriate permit issued by the political subdivision, the person may not, in a noise zone established under this part:

(1) Establish or construct any new structure;

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

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

(b) A political subdivision may not grant a permit if the proposed action would enlarge the size of or create an impacted land use area.

(c) Before a political subdivision acts on any permit application, the political subdivision shall notify the Administration of the application and give the Administration an opportunity to comment.
Md. Code, Family Law § 5-556 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-556
§5–556.
Status: in_force

(a) An individual who fails to disclose a conviction, a probation before judgment disposition, a not criminally responsible disposition, or the existence of pending charges for a criminal offense or attempted criminal offense as required under § 5–553 of this subtitle shall be guilty of perjury and upon conviction is subject to the penalty provided by law.

(b) Unless otherwise provided, a person who violates any provision of this Part V of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
Md. Code, Family Law § 5-7A-09 — MD Code / Article gfl / Title 5 / Subtitle 7A / Section 5-7A-09
§5–7A–09.
Status: in_force

(a) The Council shall report and make recommendations annually to the Governor and the General Assembly on:

(1) activities of the Maryland CHAMP Initiative established under Title 13, Subtitle 22 of the Health – General Article, including data collected on child abuse and neglect diagnoses and treatment; and

(2) matters relating to the prevention, detection, prosecution, and treatment of child abuse and neglect, including policy and training needs that require the attention and action of the Governor or the General Assembly.

(b) The Council shall annually prepare and make available to the public a report containing a summary of its activities under § 5–7A–05 of this subtitle.
Md. Code, Family Law § 5-4A-08 — MD Code / Article gfl / Title 5 / Subtitle 4A / Section 5-4A-08
§5–4A–08.
Status: in_force

(a) Consistent with federal law, the Maryland Department of Health and the Department of Human Services, in connection with the implementation and execution of this subtitle and any compact entered into pursuant to this subtitle shall include in any State plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96–272), Titles IV–(e) and XIX of the Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost.

(b) The Departments shall apply for and administer all relevant federal aid in accordance with law.
Md. Code, Transportation § 5-607 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: reserved

(a) Subject to the provisions of this subtitle, the legislative body of a political subdivision shall provide for the manner in which airport zoning regulations and boundaries of airport zoning districts are to be adopted, amended, enforced, and repealed.

(b) (1) Airport zoning regulations and boundaries of airport zoning districts are not effective until there has been a public hearing at which interested parties and the public have an opportunity to be heard.

(2) At least 15 days’ notice of the time and place of the hearing shall be published in a newspaper of general circulation in each of the political subdivisions in which the airport is or will be located.

(c) (1) Any regulation and boundary may be amended or repealed from time to time. However, if the owners of at least 20 percent of the area included in a proposed change sign a protest against the change, the change is not effective unless approved by two thirds of all the members of the joint board or of the legislative body of the political subdivision, as the case may be.

(2) Subsection (b) of this section on public hearings and notices applies to all changes made under this subsection, and, if the change is in a boundary of any airport zoning district, notice of the hearing also shall be posted within that district, at the place that the zoning authorities designate.
Md. Code, Insurance § 5-910 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-910
§5–910.
Status: in_force

(a) (1) The Commissioner shall assign a rating to each certified reinsurer based on factors the Commissioner considers relevant, giving due consideration to the financial strength ratings that have been assigned by rating agencies in accordance with regulations the Commissioner adopts.

(2) The Commissioner shall publish a list of all certified reinsurers and their ratings.

(b) If an applicant for certification has been certified as a reinsurer by the insurance regulatory agency of a state accredited by the National Association of Insurance Commissioners, the Commissioner may defer to that insurance regulatory agency or the National Association of Insurance Commissioners committee process to:

(1) designate the assuming insurer as a certified reinsurer in this State;

(2) assign a rating to the assuming insurer; or

(3) both.

(c) (1) A certified reinsurer that ceases to assume new business in this State may request to maintain its certification in inactive status in order to continue to qualify for a reduction in security for its in–force business.

(2) An inactive certified reinsurer shall continue to comply with all applicable requirements of § 5–911 of this subtitle.

(3) The Commissioner shall assign a rating that takes into account, if relevant, the reasons why the reinsurer is not assuming new business.
Md. Code, Insurance § 5-502 — MD Code / Article gin / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

(a) For purposes of this section, the domicile in the United States of an alien insurer, other than an insurer formed under the laws of Canada, is deemed to be the state where the alien insurer maintains its largest deposit of trusteed assets.

(b) The investment portfolio of a foreign life insurer or alien life insurer shall be:

(1) as allowed by the laws of its domicile; and

(2) of a quality substantially as high as that required under this subtitle for similar funds of like domestic life insurers.

(c) The Commissioner may deny or refuse to renew a certificate of authority to a foreign life insurer or alien life insurer if:

(1) the foreign life insurer or alien life insurer has investments in one person in excess of the limit provided in § 5-507 of this subtitle; or

(2) the Commissioner finds that its investments do not comply in substance with the investment requirements and limitations of this subtitle for domestic life insurers transacting the same kind of insurance business.