Md. Code, General Provisions § 5-501.1 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-501.1
§5–501.
Status: in_force

§5–501.1.

(a) In this section, “restricted individual” means:

(1) a spouse of the Governor;

(2) a parent or stepparent of the Governor;

(3) a sibling or stepsibling of the Governor;

(4) a child, stepchild, foster child, or ward of the Governor;

(5) a mother–in–law or father–in–law of the Governor;

(6) a son–in–law or daughter–in–law of the Governor;

(7) a grandparent of the Governor or the Governor’s spouse;

(8) a grandchild of the Governor; or

(9) except for an employee of the Governor, any individual who resides in the Governor’s primary residence.

(b) (1) Within 6 months after taking the oath of office the Governor shall:

(i) except as provided in regulations adopted by the Ethics Commission, place all of the Governor’s interests into a certified blind trust approved by the Ethics Commission and operated in accordance with regulations adopted by the Ethics Commission; or

(ii) divest any interest the Ethics Commission determines is necessary to resolve likely or potential conflicts of interest with the Governor’s public duties.

(2) For good cause shown, the Ethics Commission may extend the deadline to complete the establishment of the certified blind trust or divestiture by a reasonable amount of time.

(3) The Ethics Commission shall post any approved certified blind trust and supporting documents on its website.

(c) (1) The Governor shall appoint as the trustee of the blind trust a financial institution or an organization that has a minimum of 2 years of experience in trust management activities.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the Governor may not receive from a trustee appointed under paragraph (1) of this subsection communications regarding management of or income from the blind trust as a trustor or beneficiary of the blind trust at any time during the Governor’s term of office.

(ii) The Governor may receive from a trustee appointed under paragraph (1) of this subsection communications necessary to prepare and file the Governor’s personal income tax returns.

(d) (1) The Governor may not fail to include any interest in a blind trust without the written approval of the Ethics Commission.

(2) For any interest not included in a blind trust under paragraph (1) of this subsection, including an interest exempted under regulations adopted by the Ethics Commission under this section, the Governor shall enter into a nonparticipation agreement with the Ethics Commission that prohibits the Governor from participating in any way in a matter that involves the interest, including a matter before the Board of Public Works.

(3) Notwithstanding §§ 5–301 and 5–303 of this title, the Ethics Commission shall:

(i) post on its website any nonparticipation agreement entered into with the Governor; and

(ii) provide a copy of any nonparticipation agreement entered into with the Governor to:

1. the presiding officers of the General Assembly;

2. the Joint Ethics Committee; and

3. the Executive Secretary and the General Counsel of the Board of Public Works.

(4) By January 31 each year, the Governor shall certify to the Ethics Commission in a form required by the Ethics Commission that the Governor has:

(i) obtained no new interests in the immediately preceding year that are not included in the blind trust; or

(ii) entered into a nonparticipation agreement with the Ethics Commission for any new interest obtained in the immediately preceding year that was not included in the blind trust.

(e) (1) This subsection applies to a business entity that the Governor or a restricted individual, together or separately, has:

(i) for a corporation, 10% or more of the capital stock; or

(ii) for a partnership, limited liability partnership, or limited liability corporation, any interest.

(2) A business entity that seeks to obtain a State grant, competitive award, or contract, including a contract for the sale or purchase of real or personal property, shall report to the Ethics Commission in a form required by the Ethics Commission any interest held in the business entity by the Governor or a restricted individual.

(3) The Ethics Commission shall post any report it receives under paragraph (2) of this subsection on its website.

(f) (1) The Ethics Commission may grant an exemption to the requirement to place an interest in a blind trust under subsection (b) of this section.

(2) In granting an exemption under paragraph (1) of this subsection, the Ethics Commission may consider issues it determines appropriate to prevent conflicts of interest, including whether the interest:

(i) involves a closely held corporation or a family business;

(ii) is readily marketable;

(iii) has an impact unique to the Governor; or

(iv) is subject to any restrictions or encumbrances.

(g) If the Ethics Commission determines that the Governor has violated a provision of this section, the Ethics Commission may impose a fine not exceeding $5,000 for each violation.

(h) The Ethics Commission shall adopt regulations to carry out this section, including regulations that establish standards and requirements for the types of interests that may be exempted from the requirement to place an interest in a blind trust under subsection (b) of this section.
Md. Code, Public Safety § 5-103 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

This subtitle does not affect:

(1) a sale or transfer for bona fide resale of a regulated firearm in the ordinary course of business of a licensee; or

(2) a sale, rental, transfer, or the use of a regulated firearm by a person authorized or required to do so as part of the person’s duties as a member of:

(i) an official police force or other law enforcement agency;

(ii) the armed forces, including all official reserve organizations; or

(iii) the Maryland National Guard.
Md. Code, Corporations and Associations § 5-331 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-331
§5–331.
Status: in_force

(a) To the extent not prohibited by the Constitution of the United States or of this State, the charter of each religious corporation subject to this part and incorporated before June 1, 1957, is deemed to be amended to conform to the constitution of the United Presbyterian Church in the United States of America and its successors, as from time to time in effect.

(b) The charter of a religious corporation subject to this part may not be amended in any way that conflicts with the constitution of the United Presbyterian Church in the United States of America and its successors, as from time to time in effect.
Md. Code, Public Safety § 5-133.2 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-133.2
§5–133.
Status: in_force

§5–133.2.

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

(2) “Facility” has the meaning stated in § 10–101 of the Health – General Article.

(3) “NICS Index” means the Federal Bureau of Investigation’s National Instant Criminal Background Check System.

(b) (1) A court shall promptly report information required in paragraph (2) of this subsection through a secure data portal approved by the Department of Public Safety and Correctional Services if a court:

(i) determines that a person is not criminally responsible under § 3–110 of the Criminal Procedure Article;

(ii) finds that a person is incompetent to stand trial under § 3–106 of the Criminal Procedure Article; or

(iii) finds under § 13–201(c) or § 13–705 of the Estates and Trusts Article that a person should be under the protection of a guardian, except for cases in which the appointment of a guardian is solely a result of a physical disability.

(2) On a finding or determination under paragraph (1) of this subsection, the following information shall be reported to the NICS Index:

(i) the name and identifying information of the person; and

(ii) the date of the determination or finding.

(c) (1) A facility shall report information required in paragraph (2) of this subsection regarding a person admitted to the facility under § 10–609 of the Health – General Article or committed to the facility under Title 10, Subtitle 6, Part III of the Health – General Article to the NICS Index through a secure data portal approved by the Department of Public Safety and Correctional Services, if:

(i) the person has been admitted to a facility for 30 consecutive days or more; or

(ii) the person has been involuntarily committed to a facility.

(2) On admission to a facility the following information shall be reported to the NICS Index:

(i) the name and identifying information of the person admitted or committed;

(ii) the date the person was admitted or committed to the facility; and

(iii) the name of the facility to which the person was admitted or committed.
Md. Code, Family Law § 5-4A-04 — MD Code / Article gfl / Title 5 / Subtitle 4A / Section 5-4A-04
§5–4A–04.
Status: in_force

(a) A compact entered into pursuant to § 5-4A-03 of this subtitle shall include:

(1) a provision making the compact available for joinder by all states;

(2) a provision for withdrawal from the compact upon written notice to the parties, but with a period of 1 year between the date of the notice and the effective date of the withdrawal;

(3) a requirement that the protection afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are residents and have their principal place of abode; and

(4) a requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance and that the adoption assistance agreement be expressly for the benefit of the adopted child and enforceable by both the adoptive parents and the state agency providing the adoption assistance.

(b) A compact entered into pursuant to § 5-4A-03 of this subtitle may include a provision establishing procedures and entitlements to medical or other necessary social services for the child in accordance with applicable laws even though the child and the adoptive parents are in a state other than the state responsible for providing the services or the funds to defray part or all of the costs.
Md. Code, Insurance § 5-609 — MD Code / Article gin / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

(a) Each insurer shall dispose of any investments acquired in violation of the law in force on the date of acquisition of the investment.

(b) In any determination of the financial condition of an insurer with investments acquired in violation of the law, the amount of the value of investments, if wholly ineligible, or the amount of the value of the investments in excess of any limitation prescribed by this subtitle, shall be deducted as a nonadmitted asset of the insurer.
Md. Code, General Provisions § 5-202 — MD Code / Article ggp / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) (1) The Ethics Commission consists of five members.

(2) The Governor shall appoint:

(i) with the advice and consent of the Senate, three members, at least one of whom shall be a member of the principal political party of which the Governor is not a member;

(ii) one member nominated by the President of the Senate; and

(iii) one member nominated by the Speaker of the House.

(3) The Governor may reject a nominee of the President or of the Speaker only for cause.

(4) If the Governor rejects a nominee under paragraph (3) of this subsection, the appropriate presiding officer shall nominate another individual.

(5) A vacancy shall be filled in a manner consistent with this subsection.

(b) A member of the Ethics Commission may not:

(1) hold elected or appointed office in, be an employee of, or be a candidate for office in:

(i) the federal government;

(ii) the State government;

(iii) a municipal corporation, county, or multicounty agency of the State; or

(iv) a political party; or

(2) be a regulated lobbyist.

(c) Before taking office, each appointee to the Ethics Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.

(d) (1) The term of a member is 5 years.

(2) The terms of members are staggered as required by the terms in effect for members of the Ethics Commission on October 1, 2013.

(3) A member may serve no more than two consecutive 5–year terms.

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

(5) At the end of a term, a member may continue to serve until a successor is appointed and qualifies.

(e) (1) The Governor may remove a member for:

(i) neglect of duty;

(ii) misconduct in office;

(iii) a disability that makes the member unable to discharge the powers and duties of office; or

(iv) a violation of this title.

(2) Before removing a member, the Governor shall give the member:

(i) written notice of the charges; and

(ii) an opportunity to answer the charges.
Md. Code, Health Occupations § 5-311 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-311
§5–311.
Status: in_force

Subject to the hearing provisions of § 5-312 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:

(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

(2) Fraudulently or deceptively uses a license;

(3) Violates any provision of this title or any regulations adopted under this title;

(4) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional service for which the licensee is licensed and qualified to render because the individual is HIV positive;

(5) Commits fraud or deceit in the practice of dietetics;

(6) Is convicted of or pleads nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(7) Obtains or attempts to obtain a fee through fraud or misrepresentation;

(8) Employs any person to practice dietetics whose license or certificate to practice a health occupation under this article has been suspended;

(9) Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, or promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation;

(10) Commits any act of unprofessional conduct, as defined by the rules and regulations of the Board, or violates the code of ethics adopted by the Board;

(11) Provides professional services while:

(i) Under the influence of alcohol; or

(ii) Using any narcotic or controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;

(12) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any other state or country for an act that would be grounds for disciplinary action under this section;

(13) Practices dietetics with an unauthorized person or supervises or aids an unauthorized person in the practice of dietetics;

(14) Fails to file or record any report or record as required by law in the practice of dietetics, impedes or obstructs the filing or recording of the report or record, or induces another to fail to file or record the report or record;

(15) Submits a false statement to collect a fee;

(16) Is professionally, physically, or mentally incompetent;

(17) Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain; or

(18) Fails to cooperate with a lawful investigation conducted by the Board.
Md. Code, Business Occupations and Professions § 5-303 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

(a) Subject to the provisions of this section, a student who has completed at least 1,000 hours of training while enrolled in public school courses in cosmetology may practice cosmetology without a license.

(b) A student may practice cosmetology under this section only if the student:

(1) is enrolled in an approved cosmetology program and has a record of satisfactory school performance and school attendance, as determined by the local education agency;

(2) has a letter of authorization, signed by the student’s teacher or work-study coordinator, to practice cosmetology in a specific beauty salon;

(3) practices cosmetology only in that specific beauty salon; and

(4) while practicing cosmetology, works under the direct supervision of an individual who is a licensed senior cosmetologist who agrees to periodically report on the progress of the student to the cosmetology teacher or the work-study coordinator.

(c) A beauty salon may pay a student for work authorized under this section.

(d) A student authorized under this section to practice cosmetology without a license shall conspicuously display a letter of authorization, as required by this section, at the student’s work station in the specified beauty salon.
Md. Code, Family Law § 5-415 — MD Code / Article gfl / Title 5 / Subtitle 4 / Section 5-415
§5–415.
Status: in_force

This subtitle may be cited as the “Maryland Adoption Subsidy Act”.
Md. Code, Health Occupations § 5-403 — MD Code / Article gho / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

(a) A person who violates § 5–401 or § 5–402 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.

(b) A person who violates § 5–401 or § 5–402 of this subtitle is subject to a civil fine not to exceed $50,000 to be assessed by the Board in accordance with regulations adopted by the Board.
Md. Code, Human Services § 5-304 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

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

(2) “Children of current or former recipients” means minors who:

(i) are at least 14 years old; and

(ii) reside with current or former recipients of benefits.

(3) “Former recipient” means an individual who received benefits under FIP in the past 5 years.

(4) “Foster youth” means an individual who:

(i) is an adult in out–of–home care under the responsibility of the State; or

(ii) 1. is an adult under the age of 25 years; and

2. was in out–of–home care under the responsibility of the State on the individual’s 18th birthday.

(5) “Obligor” has the meaning stated in § 10–101 of the Family Law Article.

(b) (1) The Secretary of Budget and Management, with the assistance of the Secretary, shall develop and implement a plan for hiring current and former recipients, children of current or former recipients, foster youth, and obligors by the principal departments within the Executive Branch of State government.

(2) For each principal department, the plan shall include:

(i) the units that most easily could hire current and former recipients, children of current or former recipients, foster youth, and obligors;

(ii) the positions most suitable for current and former recipients, children of current or former recipients, foster youth, and obligors;

(iii) a proposal for recruiting current and former recipients, children of current or former recipients, foster youth, and obligors;

(iv) job retention strategies; and

(v) a target number of current and former recipients, children of current or former recipients, foster youth, and obligors to be recruited.

(3) In consultation with the Secretary, the Secretary of Budget and Management shall report, subject to § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Appropriations Committee of the General Assembly:

(i) on or before January 1, 2010, on the development of the hiring plan for current and former recipients, children of current or former recipients, foster youth, and obligors; and

(ii) on or before November 1 of each year, on the number of recipients, children of current or former recipients, foster youth, and obligors hired and retained by the principal departments within the Executive Branch of State government.

(c) (1) Working with appropriate local government officials, the Secretary and each local director shall develop and implement a local government hiring plan under which local governments may hire current and former recipients, children of current or former recipients, foster youth, and obligors.

(2) For each jurisdiction, the local government hiring plan shall include:

(i) a list of the units that most easily could hire current and former recipients, children of current or former recipients, foster youth, and obligors;

(ii) a list of the employment positions most suitable for current and former recipients, children of current or former recipients, foster youth, and obligors;

(iii) proposals to recruit current and former recipients, children of current or former recipients, foster youth, and obligors;

(iv) employment retention strategies; and

(v) a target number of current and former recipients, children of current or former recipients, foster youth, and obligors to be recruited.

(3) Each local director shall:

(i) develop and submit the local government hiring plan in accordance with a schedule and format that the Secretary determines;

(ii) implement in a timely manner the proposals and strategies in the local government hiring plan;

(iii) achieve the target numbers in the local government hiring plan; and

(iv) develop and submit reports to the Secretary in accordance with a schedule and format that the Secretary determines.

(4) On or before November 1 of each year and in consultation with the Maryland Association of Counties, the Secretary shall report, subject to § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Appropriations Committee of the General Assembly, on:

(i) the development of the local government hiring plan; and

(ii) the number of current and former recipients, children of current or former recipients, foster youth, and obligors hired and retained by local governments.
Md. Code, Health - General § 5-401 — MD Code / Article ghg / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

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

(b) “Board” means the State Anatomy Board.

(c) “Medical study program” means any research or teaching activity conducted at or under the sponsorship of a hospital or other institution devoted to research, teaching, or study of medicine, dentistry, or any related health profession or advanced human biological science.

(d) “Public officer” means an officer of this State or of a county or other political subdivision of this State.
Md. Code, Family Law § 5-7A-02 — MD Code / Article gfl / Title 5 / Subtitle 7A / Section 5-7A-02
§5–7A–02.
Status: reserved

(a) The Council consists of up to 23 members including:

(1) one member of the Senate of Maryland appointed by the President of the Senate;

(2) one member of the House of Delegates appointed by the Speaker of the House;

(3) a representative of the Department of Human Services, appointed by the Secretary of Human Services;

(4) a representative of the Maryland Department of Health, appointed by the Secretary of Health;

(5) a representative of the Maryland State Department of Education, designated by the Superintendent;

(6) a representative of the Department of Juvenile Services, designated by the Secretary;

(7) a representative of the Judicial Branch, designated by the Chief Justice of the Supreme Court of Maryland;

(8) a representative of the State’s Attorneys’ Association, designated by the Association;

(9) a pediatrician with experience in diagnosing and treating injuries and child abuse and neglect, who shall be appointed by the Governor from a list submitted by the Maryland chapter of the American Academy of Pediatrics;

(10) members of the general public with interest or expertise in the prevention or treatment of child abuse and neglect who shall be appointed by the Governor and who shall include representatives from professional and advocacy groups, private social service agencies, and the medical, law enforcement, education, and religious communities; and

(11) at least two individuals who have personal experience with child abuse and neglect within their own families or who have been clients of the child protective services system who shall be appointed by the Governor.

(b) (1) The term of a member appointed under subsection (a)(9), (10), or (11) of this section is 3 years.

(2) An appointed member may serve up to two consecutive 3–year terms.

(3) In case of a vacancy, the Governor shall appoint a successor for the remainder of the unexpired term.

(c) All other members of the Council shall continue in office so long as they hold the required qualification and designation specified in subsection (a)(1) through (8) of this section.
Md. Code, Natural Resources § 5-408 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

Any trees grown in State nurseries, not required for roadside planting, may be used for planting on the State forest reserve or furnished to any landowner of the State at not more than the cost of production. The trees shall be planted for conservation purposes according to plans approved by the Secretary under rules and regulations promulgated by the Department.
Md. Code, Economic Development § 5-535 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-535
§5–535.
Status: in_force

The Authority shall use the Fund to implement this part.
Md. Code, Family Law § 5-337 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-337
§5–337.
Status: in_force

(a) In ruling on a petition for a child’s adoption under this Part III of this subtitle, a juvenile court shall consider:

(1) any assurance by a local department to fund needed support for the child;

(2) all factors necessary to determine the child’s best interests; and

(3) a report by a child placement agency, completed in accordance with Department regulations, as to:

(i) the suitability of the petitioner to be the child’s parent; and

(ii) the child’s successful placement with the petitioner under the supervision of the local department or its agent for at least 180 days or a shorter period allowed by the juvenile court on recommendation of the local department.

(b) In ruling on an adoption petition under this Part III of this subtitle, a juvenile court may not deny the petition solely because the petitioner is single or unmarried.

(c) If a parent consents to adoption in accordance with § 5-338 of this subtitle, loss of parental rights shall be considered voluntary.
Md. Code, Economic Development § 5-539 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-539
§5–539.
Status: in_force

The Authority may use the Fund for:

(1) guaranty payments made under § 5-540(a) of this subtitle;

(2) interest subsidy payments under § 5-540(b) of this subtitle; and

(3) expenses for administrative, legal, actuarial, and other services.
Md. Code, Courts and Judicial Proceedings § 5-622 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-622
§5–622.
Status: in_force

Any person who in good faith makes or participates in making a report under Title 14, Subtitle 3 of the Family Law Article or participates in an investigation or a judicial proceeding resulting from a report under Title 14, Subtitle 3 of the Family Law Article is immune from any civil liability that would otherwise result.
Md. Code, Family Law § 5-542 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-542
§5–542.
Status: in_force

(a) From among its members, each local board shall elect a chair by majority vote.

(b) The term of the chair is 4 years.
Md. Code, Criminal Law § 5-306 — MD Code / Article gcr / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) This section does not apply to an authorized provider who lawfully prescribes or administers, but does not otherwise dispense, a controlled dangerous substance listed in Schedule II, Schedule III, Schedule IV, or Schedule V.

(b) (1) A registrant shall make a complete and accurate record of all stocks of controlled dangerous substances on hand every 2 years during the regular fiscal inventory.

(2) The registrant shall keep the record for 2 years.

(c) Records shall contain the information required by regulations that the Department adopts.

(d) A registrant who complies with federal law on records and reports is deemed to have complied with this section.
Md. Code, State Finance and Procurement § 5-611 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-611
§5–611.
Status: in_force

(a) The Plan shall identify all areas designated by the Department as areas of critical State concern.

(b) Each county shall recommend to the Department those areas in the county that should be designated as areas of critical State concern.

(c) Before designating an area as an area of critical State concern, the Secretary shall consult with and consider any recommendations submitted by affected political subdivisions.

(d) The Secretary may adopt regulations for the political subdivisions to use in recommending areas to be designated as areas of critical State concern.

(e) The Department shall:

(1) furnish to the governing body of each affected political subdivision the full text of each proposed designation of an area as an area of critical State concern;

(2) give each political subdivision affected by a proposed designation at least 45 days to review and comment on the proposed designation; and

(3) publish its designation of areas of critical State concern, together with all written comments received from political subdivisions regarding the areas designated.
Md. Code, Family Law § 5-1306 — MD Code / Article gfl / Title 5 / Subtitle 13 / Section 5-1306
§5–1306.
Status: in_force

The effectiveness of efforts to address the health, mental health, education, and well–being of a child committed to the Department shall be measured by:

(1) the percentage of children in out–of–home placements who received a comprehensive assessment in compliance with federal regulations for the early and periodic screening, diagnosis, and treatment program within 60 days of entering out–of–home placement;

(2) the percentage of eligible children entering foster care or kinship care who:

(i) have been examined by a medical provider within 10 days of entry into the out–of–home placement; and

(ii) have a designated health care provider within 10 days of entry into the out–of–home placement;

(3) the percentage of school–aged children in out–of–home placements enrolled in school; and

(4) any other indicators adopted by the Secretary under § 5–1302 of this subtitle.
Md. Code, Environment § 5-1104 — MD Code / Article gen / Title 5 / Subtitle 11 / Section 5-1104
§5–1104.
Status: in_force

(a) (1) With the advice and consent of the Senate, the Governor shall appoint a Hart-Miller-Pleasure Island Citizens Oversight Committee.

(2) The terms and qualifications of members of the Oversight Committee shall be determined by the Governor.

(b) The Oversight Committee shall be composed of the following members:

(1) 2 trustees from the grantee in interest, as defined in § 5–1202.2(a)(1) of the Natural Resources Article;

(2) 1 individual from the North Point Peninsula Community Coordinating Council;

(3) 1 individual from the Essex Middle River Civic Council, Inc.;

(4) 2 interested citizens, 1 of whom shall reside in the sixth legislative district, and 1 of whom shall reside in the seventh legislative district;

(5) 1 individual from the Baltimore County Watermen’s Association;

(6) 1 individual who represents the pleasure boating industry in Baltimore County;

(7) 1 individual who represents the sport fishing or crabbing industry in Baltimore County;

(8) 1 individual from the Greater Dundalk Community Council; and

(9) 1 individual from the Hart and Miller Island Area Environmental Group, Inc.

(c) The Oversight Committee shall:

(1) Monitor and provide oversight regarding:

(i) The future development, use, and maintenance of the Hart–Miller–Pleasure Island chain;

(ii) The water quality immediately surrounding the islands;

(iii) The redeposit of dredged material at the Hart–Miller Island Dredged Material Containment Facility; and

(iv) Any community benefits agreements entered into in accordance with § 5–1103(b)(3)(iii)2 of this subtitle; and

(2) Hear and dispose of complaints lodged by individuals affected by the future development and the water quality immediately surrounding the Hart–Miller–Pleasure Island chain.
Md. Code, Natural Resources § 5-702 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

Expenses incurred in fighting or extinguishing any fire under the direction of the Secretary or a forest warden are equally borne by the county in which the fire occurred and by the State. The county shall pay them in full upon receipt of an itemized account, with vouchers approved by the Secretary. The State’s share shall be refunded by the Department out of any money standing to the credit of the State Forest and Park Fund, upon presentation of the accounts, together with evidence that the county has paid the sum in full. Nothing in this subtitle relieves the owner or lessee of lands upon which fires may burn, or be started, from the duty of extinguishing the fires so far as may lie within his power. An owner or lessee, or his employee may not receive any compensation from the State or county for fighting fires upon his or his employer’s lands.
Md. Code, Criminal Law § 5-808 — MD Code / Article gcr / Title 5 / Subtitle 8 / Section 5-808
§5–808.
Status: in_force

(a) If the individual is engaged in the enforcement or prosecution of this title or other law relating to controlled dangerous substances, criminal liability may not be imposed under this title on:

(1) an authorized officer of the United States, this State, or a political subdivision of this State; or

(2) an authorized police department civilian employee of the United States, this State, or a political subdivision of this State.

(b) A public official or employee who is covered under subsection (a) of this section may temporarily possess controlled dangerous substances, drug paraphernalia, or controlled paraphernalia incidental to the discharge of official or employee duties.
Md. Code, Estates and Trusts § 5-206 — MD Code / Article get / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

In a proceeding for administrative or judicial probate the petition for probate shall be in substantially the following form:

In the Orphans’ Court for

(or) ___________________________, Maryland

Before the Register of Wills for

in the Estate of:

______________________________________ Estate No. ___________________________

For:

Regular Estate – Small Estate – Will of No Estate –

Petition for probate Petition for Complete Items 2 and 5

estate value in excess of Administration, estate

$20,000. Complete and value of $20,000 or less.

attach Schedule – A. Complete and attach

Schedule – B.

The Petition of:

_____________________________________ ______________________________________

Name Address

______________________________________

_____________________________________ ______________________________________

Name Address

______________________________________

_____________________________________ ______________________________________

Name Address

______________________________________

Each of us states:

(1) I am (a) at least 18 years of age and either a citizen of the United States or a

permanent resident alien spouse of the decedent or (b) a trust company or any

other corporation authorized by law to act as a personal representative.

(2) The decedent, ____________________________________________________________ ,

was domiciled in __________________________________________ County, State of

______________________________________ and died on the ___________ day of

20______, at ___________________.

(3) If the decedent was not domiciled in this county at the time of death, this is the

proper office in which to file this petition because:_____________________________

__________________________________________________________________________

(4) I am entitled to priority of appointment as personal representative of the

decedent’s estate pursuant to § 5–104 of the Estates and Trusts Article,

Annotated Code of Maryland because:

__________________________________________________________________________

__________________________________________________________________________

and I am not excluded by § 5–105(c) of the Estates and Trist Article, Annotated

Code of Maryland from serving as personal representative

(5) I have made a diligent search for the decedent’s will and to the best of my

knowledge:

none exists; or

the will dated __________________________ (including codicils, if any, dated

_______________________ ) accompanying this petition is the last will and it came

into my hands in the following manner:

__________________________________________________________________________

__________________________________________________________________________

and the names and last known addresses of the witnesses are:

_____________________________________________________ ____________________

_____________________________________________________ ____________________

_____________________________________________________ ____________________

(6) Other proceedings, if any, regarding the decedent or the estate are as follows:

__________________________________________________________________________

__________________________________________________________________________

(7) If any information required by paragraphs 2 through 6 has not been furnished,

the reason is:

__________________________________________________________________________

__________________________________________________________________________

(8) If appointed, I accept the duties of the office of personal representative and

consent to personal jurisdiction in any action brought in this State against me as

personal representative or arising out of the duties of the office of personal

representative.

WHEREFORE, I request appointment as personal representative of the

decedent’s estate and the following relief as indicated:

? that the will and codicils, if any, be admitted to administrative probate;

? that the will and codicils, if any, be admitted to judicial probate;

? that the will and codicils, if any, be filed only;

? that the following additional relief be granted: ________________________________

__________________________________________________________________________

__________________________________________________________________________

I solemnly affirm under the penalties of perjury that the contents of the

foregoing petition are true to the best of my knowledge, information, and belief.

______________________________________ _____________________________________

Attorney’s Signature Petitioner Date

______________________________________ _____________________________________

Address Petitioner Date

______________________________________ _____________________________________

Petitioner Date

______________________________________ _____________________________________

Telephone Number Telephone Number

In the Orphans’ Court for

(or) __________________________ , Maryland

Before the Register of Wills for

in the Estate of:

_______________________________________ Estate No. __________________________

Schedule – A

REGULAR ESTATE

Estimated Value of Estate and Unsecured Debts:

Personal property (approximate value) ……………………………… $ _____________

Real property (approximate value) …………………………………… $ _____________

Value of Property subject to:

(a) Direct Inheritance Tax of __________% ………………… $ _____________

(b) Collateral Inheritance Tax of __________% …………… $ _____________

(c) Collateral Inheritance Tax of __________% …………… $ _____________

Unsecured Debts (approximate amount) …………………………… $ _____________

………………………………………………………………………………………………………

(FOR REGISTER’S USE)

Safekeeping Wills _____________________ Custody of Wills ____________________

Bond Set $ ___________________________ Deputy _____________________________

In the Orphans’ Court for

(or) __________________________ , Maryland

Before the Register of Wills for

in the Estate of:

_______________________________________ Estate No. __________________________

Schedule – B

SMALL ESTATE

Assets and Debts of the Decedent:

(1) I have made a diligent search to discover all property and debts of the decedent

and set forth below are:

(a) A listing of all real and personal property owned by the decedent, individually

or as a tenant in common, and of any other property to which the decedent

or estate would be entitled, including descriptions, values, and how the

values were determined:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(b) A listing of all creditors and claimants and the amounts claimed, including

secured*, contingent and disputed claims:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(2) Allowable funeral expenses are $ ____________; statutory family allowances are

$ ____________; and expenses of administration are $ _____________.

(3) Attached is a List of Interested Persons

*Note: § 5–601(d) of the Estates and Trusts Article. Annotated Code of Maryland “For

the purpose of thus subtitle – Value is determined by fair market value of property

less debts of record secured by the property as of the date of death, to the extent that

insurance benefits are not payable to the lien holder or secured party for the secured

debt.”

I solemnly affirm under the penalties of perjury that the contents of the

foregoing schedule are true to the best of my knowledge, information, and belief.

______________________________________ _____________________________________

Attorney’s Signature Petitioner Date

______________________________________ _____________________________________

Address Petitioner Date

______________________________________ _____________________________________

Telephone Number Telephone Number
Md. Code, General Provisions § 5-508 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-508
§5–508.
Status: in_force

(a) This section does not apply to a State official of the Legislative Branch or a State official of the Judicial Branch.

(b) A State official may not, based on any characteristic protected by law, unlawfully harass or discriminate against:

(1) an official or employee;

(2) an intern, a page, or a fellow in any branch of State government;

(3) an individual regulated lobbyist; or

(4) a credentialed member of the press.

(c) (1) In this subsection, “State legislative complex” means the following State–occupied buildings:

(i) the State House;

(ii) the Department of Legislative Services building;

(iii) the House of Delegates office building; and

(iv) the Senate office buildings.

(2) If an individual who is exempt from registration under § 5–702(b)(1) of this title is granted special access to the State legislative complex, the individual may not, based on any characteristic protected by law, unlawfully harass or discriminate against:

(i) an official or employee;

(ii) an intern, a page, or a fellow in any branch of State government;

(iii) another individual regulated lobbyist; or

(iv) a credentialed member of the press.

(3) The Department of General Services shall revoke the special access to the State legislative complex granted to a person who violates this subsection or a regulated lobbyist who violates § 5–714 of this subtitle if the revocation is requested by:

(i) the Speaker of the House or the Speaker’s designee;

(ii) the President of the Senate or the President’s designee; or

(iii) the Executive Director of the Department of Legislative Services or the Executive Director’s designee.
Md. Code, Natural Resources § 5-1214 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1214
§5–1214.
Status: in_force

Within State wildland areas designated under Part II of this subtitle, the Governor, within a specific area and in accordance with the regulations he deems desirable, may authorize prospecting for water resources, and recommend the establishment and maintenance of reservoirs, water conservation works, power projects, transmission lines, and other facilities needed in the public interest, including road construction and maintenance essential to the development and use of specified areas, upon his determination that the use in the specific area will better serve the interests of the State and its people than will its denial. The recommendations shall be made after public notice of a proposal and a public hearing as provided for in § 5–1208 of this subtitle. The proposed development shall become effective only by act of the General Assembly.
Md. Code, Commercial Law § 5-117 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-117
§5–117.
Status: in_force

(a) An issuer that honors a beneficiary’s presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant.

(b) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in subsection (a) of this section.

(c) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of:

(1) The issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant;

(2) The beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and

(3) The applicant to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.

(d) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (a) and (b) of this section do not arise until the issuer honors the letter of credit or otherwise pays and the rights in subsection (c) of this section do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense, or excuse.
Md. Code, Natural Resources § 5-210 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-210
§5–210.
Status: in_force

The Secretary, upon request, shall assist other State units, counties, towns, corporations, and individuals in preparing plans for park, recreation and natural area acquisition and development, acquisition of multiple use areas including protection of watersheds, management, and replacement of trees, woodlots, and timber tracts under an agreement that a party obtaining the assistance, pay at least the field expenses of the men employed in preparing the plans.
Md. Code, Tax - Property § 5-101 — MD Code / Article gtp / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

(a) For property tax purposes, the owner of a life estate, or other particular freehold estate, or term of years perpetually renewable in property is deemed the owner of the property and is liable for property tax on the property.

(b) (1) In this subsection, “person in possession or control of property” includes a lessee, custodian, consignee, or bailee.

(2) Except as provided in paragraph (3) of this subsection, for property tax purposes, the Department may determine by regulation if a person in possession or control of property is to be deemed the owner of the property by the Department.

(3) If a person in possession or control of property is deemed the owner under the Department’s regulations and if the property is assessed separately from other property of the person, a collector may collect property tax from:

(i) the owner of the property; or

(ii) the person who is deemed the owner of the property.

(c) Except as provided by agreement, a person who is deemed the owner of property and who pays property tax:

(1) has a right to indemnity from the owner for the tax paid; and

(2) for tangible personal property, has a lien on the property for property tax while the property is in the possession or control of the person.
Md. Code, Education § 5-114 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-114
§5–114.
Status: in_force

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

(2) “Deficit” means a negative fund balance in the General Fund at the end of the fiscal year.

(3) “Structural deficit” means a projected negative fund balance in the General Fund that requires the transfer of reserve funds in order to avoid a deficit.

(b) The State Superintendent and the Department shall monitor the financial status of each local school system.

(c) If a local school system does not file the annual audit results in a timely manner with the State Superintendent as required by § 5–109 of this subtitle, the State Superintendent shall:

(1) Immediately notify:

(i) The Department of Legislative Services;

(ii) The county governing body; and

(iii) The local board and local superintendent or chief executive officer of the local school system; and

(2) Order that the audit report be filed within 10 days.

(d) (1) A local school system may not carry a deficit as reported in the annual audit under § 5–109 of this subtitle.

(2) If a local school system has a deficit, the State Superintendent shall immediately notify the Governor, the General Assembly, the Department of Legislative Services, and county governing body and shall require the local school system to:

(i) Develop and submit for approval a corrective action cost containment plan within 15 days;

(ii) File monthly status reports with the State Superintendent and county governing body demonstrating actions taken to close the deficit and the effect of the actions taken on the deficit; and

(iii) Include information on the corrective action cost containment plan, actions taken to close the deficit, and status of the deficit in the annual audit under § 5–109 of this subtitle filed with the State Superintendent and county governing body.

(3) (i) If a local school system has a structural deficit and transfers reserve funds into the General Fund in order to avoid a deficit, the local school system immediately shall notify the Governor, the General Assembly, the State Superintendent, the Department of Legislative Services, and the county governing body.

(ii) The State Superintendent shall require a local school system described in subparagraph (i) of this paragraph to submit a corrective action cost containment plan within 15 days and file monthly status reports with the State Superintendent and county governing body demonstrating actions taken to eliminate the structural deficit, the effect of the actions taken on the structural deficit, and a schedule to repay the reserve fund.

(4) The State Superintendent shall include information on any local school system deficit or structural deficit, corrective action cost containment plan, actions taken to close a local school system deficit or structural deficit, and status of any local school system deficit or structural deficit in a quarterly report to the Governor and the General Assembly, in accordance with § 2–1257 of the State Government Article.

(5) If a local school system has a deficit or structural deficit:

(i) The Office of Legislative Audits may request any financial information pertaining to the deficit or structural deficit and the corrective action cost containment plan; and

(ii) The local superintendent or chief executive officer of a local school system shall provide the requested information.

(e) If a local school system fails to comply with the requirements of this section, the State Superintendent, with the approval of the State Board of Education, shall notify the State Comptroller, who shall withhold 10% of the next installment and each subsequent installment due the local school system from the General State School Fund until the State Superintendent notifies the Comptroller that the local school system is in full compliance with the requirements of this section.
Md. Code, General Provisions § 5-903 — MD Code / Article ggp / Title 5 / Subtitle 9 / Section 5-903
§5–903.
Status: in_force

(a) (1) Except as provided in § 5–716 of this title, a person that knowingly and willfully violates Subtitle 7 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.

(2) A person that knowingly and willfully violates § 5–501.1(e) of this title is 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) If the person is not an individual, each officer or partner who knowingly authorizes or participates in a violation of § 5–501.1(e) or Subtitle 7 of this title is guilty of a misdemeanor and on conviction is subject to the penalty specified in subsection (a) of this section.

(c) A fine assessed under this section shall be distributed to the Fair Campaign Financing Fund established under § 15–103 of the Election Law Article.
Md. Code, Economic Development § 5-2605 — MD Code / Article gec / Title 5 / Subtitle 26 / Section 5-2605
§5–2605.
Status: in_force

The Commission shall:

(1) identify research and funding opportunities for entities in this State that:

(i) strengthen and enhance the State’s leadership position in civil, commercial, and military aerospace research and development;

(ii) integrate the aerospace industry into the economy of the State;

(iii) capitalize, promote, and assist in the development of workforce training to further the development of emerging technologies required for all aspects of space exploration; and

(iv) develop public–private partnerships that advance both the State’s aerospace industry and the surrounding community;

(2) establish advisory committees as needed;

(3) develop aerospace–related educational opportunities within the State in coordination with local educational institutions; and

(4) develop and annually update a strategic plan developed in accordance with § 5–2606 of this subtitle to implement the goals of the Commission.
Md. Code, Health - General § 5-626 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-626
§5–626.
Status: reserved

(a) In this section, “Fund” means the Advance Directive Program Fund.

(b) There is an Advance Directive Program Fund.

(c) The purpose of the Fund is to provide funding to carry out the purposes of the Advance Directive Program established under § 5–620 of this subtitle.

(d) The Department 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 transferred to the Fund under § 6–103.1 of the Insurance Article;

(2) Interest earned under subsection (h) of this section; and

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

(g) Money in the Fund may be used only to carry out the purposes of the Advance Directive Program established under § 5–620 of this subtitle.

(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.
Md. Code, Insurance § 5-801 — MD Code / Article gin / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

In this subtitle, “trusteed assets” means assets deposited in trust by an alien insurer in accordance with this subtitle.
Md. Code, Public Safety § 5-125 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-125
§5–125.
Status: in_force

(a) An approved firearm application is valid only for the purchase, rental, or transfer of the regulated firearm listed in the firearm application.

(b) 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.
Md. Code, Business Regulation § 5-705 — MD Code / Article gbr / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, a seller shall put in trust the second 50% of the total preneed burial contract price as the seller receives payments from the buyer.

(2) Within 30 days after receipt of the last payment, the seller shall deposit an additional amount to make the balance in the trust account equal to 55% of the total contract price.

(b) A seller shall put in trust an amount from the payment that is equal to 80% of the selling price of any casket or casket vault sold under the preneed burial contract.

(c) This section does not apply to:

(1) a preneed burial contract under which all preneed goods and preneed services, other than dates, scrolls, and other additions that represent not more than 10% of the total contract price, must be delivered or performed within 120 days after receipt of 50% of the total contract price; or

(2) money that a seller receives for preneed goods or preneed services to be delivered or performed within 120 days after receipt of any payment on account of the sale, if the buyer’s obligation for these preneed goods or preneed services is separately itemized.
Md. Code, Environment § 5-404 — MD Code / Article gen / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

The unanimous vote of the voting members is required to approve any action of the Authority.
Md. Code, Business Regulation § 5-710 — MD Code / Article gbr / Title 5 / Subtitle 7 / Section 5-710
§5–710.
Status: in_force

(a) (1) Each seller shall keep detailed records of all preneed burial contracts and specific funds.

(2) The records of each seller and of each trustee appointed by the seller are subject to examination by:

(i) the Director;

(ii) the Attorney General or an authorized representative of the Attorney General; and

(iii) the State’s Attorney for the county where the seller does business.

(b) (1) Each seller subject to the trust requirements of this subtitle shall submit a report to the Director within 150 days after the close of each calendar or other fiscal year chosen by the seller.

(2) The report shall:

(i) be on the form that the Director requires;

(ii) be certified by a certified public accountant retained by the seller;

(iii) be accompanied by a trustee’s annual summary statement of assets from the trustee for the reporting period which includes:

1. the amount of money in the preneed trust fund at the beginning of the reporting period;

2. an investment portfolio summary describing the asset and the market value for each investment class;

3. a transaction summary of the preneed trust fund containing:

A. trust account earnings;

B. money deposited;

C. total receipts;

D. administrative expenses;

E. withdrawals from the trust account for canceled contracts;

F. withdrawals from the trust account for delivery of merchandise for use or storage, and for services performed, including the principal and earnings;

G. other disbursements; and

H. total disbursements; and

4. the amount of money in the preneed trust fund at the end of the reporting period;

(iv) be accompanied by a fee of $25; and

(v) include:

1. the name of the seller;

2. each location of the seller;

3. the amount of money that the seller received during that year that is subject to the trust requirements of this subtitle;

4. the amount of money actually deposited into trust accounts in that year;

5. the amount of money required to be disbursed from the trust accounts in that year;

6. the amount of money actually disbursed from the trust accounts in that year; and

7. the name and address of the trustee.

(3) If the Director determines, after a review of the report and annual summary statement of assets required by this subsection, that additional documentation is required, a seller subject to the trust requirements of this subtitle shall provide the additional documentation to the Director.

(4) (i) A seller of preneed goods or preneed services that sells its business, files a petition in bankruptcy, or ceases to operate shall provide written notice within 15 days:

1. to the Director, detailing the changes and the arrangements the seller has made for carrying out the preneed burial contracts and the disbursement of any money held in an escrow or trust account; and

2. to each buyer of a preneed burial contract, advising the buyer of the buyer’s options under State law in regard to the preneed contract.

(ii) Nothing in this paragraph exempts a seller of preneed goods or services that sells its business, files a petition in bankruptcy, or ceases to operate from filing the annual report required under this section.

(c) A seller of a preneed burial contract shall provide each buyer or prospective buyer with a general price list for the buyer or prospective buyer to keep which shall include:

(1) specific prices for:

(i) ground opening and closing;

(ii) extra depth interment;

(iii) interment of cremated remains; and

(iv) mausoleum entombment; and

(2) general price ranges for burial space or preneed goods.

(d) A seller of a preneed burial contract shall disclose to the buyer:

(1) all goods and services that are reasonably expected to be required at the time of need that are not included in the preneed burial contract;

(2) the buyer’s cancellation and refund rights under § 5–709 of this subtitle;

(3) the person responsible for installation of the goods sold and any warranties for the goods sold; and

(4) if the preneed contract provides for goods or services to be delivered or performed before death:

(i) that interest or finance charges may be imposed;

(ii) that interest or finance charges are not allowed on other preneed burial contracts that do not provide for goods or services to be delivered or performed before death;

(iii) the manner of delivery of goods including where the goods are stored; and

(iv) the buyer’s remedy if delivered goods are damaged or destroyed.

(e) The Director may require a seller to correct any underfunding, including interest, due to the preneed trust account.

(f) The Director may adopt regulations:

(1) to administer this section; and

(2) for determining whether sellers are complying with this subtitle.
Md. Code, Financial Institutions § 5-305 — MD Code / Article gfi / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

If a deposit in a banking institution is made by and in the name of a minor:

(1) The institution shall hold the money for the exclusive benefit of the minor or that minor’s creditors;

(2) The minor may withdraw money from the account; and

(3) A receipt signed by the minor discharges the institution for the withdrawal.
Md. Code, Natural Resources § 5-416 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-416
§5–416.
Status: in_force

(a) In order to foster and promote consumer protections, ensure the responsible and ethical management of natural resources, and promote industry safety, the Department shall facilitate the licensing of tree experts in accordance with this part.

(b) The Department may adopt regulations to implement this part.
Md. Code, Family Law § 5-3A-06 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-06
§5–3A–06.
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 guardianship or adoption under this subtitle, a court shall hold a hearing on the issue of paternity.
Md. Code, Education § 5-306 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) This section supplements the provisions of §§ 5–101 through 5–107 of this title and does not supersede or impair those provisions.

(b) Before December 1 of each odd–numbered calendar year, the Montgomery County Board shall prepare and submit to the Montgomery County Executive a 6–year capital improvements program.

(c) The capital improvements program shall include:

(1) A statement of the objectives of the capital programs and the relationship of these programs to the long–range development plans adopted by the county;

(2) Recommended capital projects and a proposed construction schedule;

(3) An estimate of cost and a statement of all funding sources; and

(4) All anticipated capital projects and programs of the county board, including substantial improvements and extensions of projects previously authorized.

(d) The County Executive shall include the 6–year program of the county board, with the recommended revisions and modifications of the County Executive, in the comprehensive 6–year program submitted each even–numbered calendar year to the Montgomery County Council under § 302 of the Montgomery County charter.

(e) (1) On or before adoption of its annual budget and appropriations resolution in each even–numbered calendar year, the County Council shall adopt a 6–year capital improvements program for the county board as a part of the comprehensive 6–year program.

(2) This 6–year capital improvements program shall be adopted after public hearings on the 6–year programs or capital budgets of the county and other agencies.

(3) In its adoption, the County Council may make amendments, revisions, and modifications.

(4) The County Council may amend an approved capital improvements program at any time by an affirmative vote of six council members.

(5) Any amendment, revision, or modification may not become final until it is submitted to the county board for written comment with at least 30 days’ notice.
Md. Code, Environment § 5-1206 — MD Code / Article gen / Title 5 / Subtitle 12 / Section 5-1206
§5–1206.
Status: in_force

Funding and staffing of the Commission may be apportioned among the county, city, and State agencies as recommended by the Commission and as provided in their respective budgets.
Md. Code, Education § 5-305.1 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-305.1
§5–305.
Status: in_force

§5–305.1.

Notwithstanding any other provision of law, the Anne Arundel County Board may include capital projects that are to be funded over a period of 2 fiscal years in the capital budget, whether or not part of the funding period falls in a calendar year that is an election year for county officials.
Md. Code, Financial Institutions § 5-404 — MD Code / Article gfi / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

The Commissioner has the same authority to examine the business of an affiliate that the Commissioner has as to a banking institution.
Md. Code, Courts and Judicial Proceedings § 5-401.2 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-401.2
§5–401.
Status: in_force

§5–401.2.

(a) (1) In this section, “recreational facility” means a commercial recreational facility, a commercial athletic facility, or an amusement attraction.

(2) “Recreational facility” includes:

(i) Gymnasiums; and

(ii) Swimming pools.

(3) “Recreational facility” does not include:

(i) A lodging establishment, as defined in § 15–201 of the Business Regulation Article, unless the lodging establishment owns, maintains, or operates a recreational facility that is available for use by the general public; or

(ii) A unit of State or local government that leases land or facilities to a recreational facility.

(b) This section does not apply to a health club services agreement, as defined in § 14–12B–01 of the Commercial Law Article, for services to be rendered for an adult.

(c) Any provision in a contract or agreement relating to the use of a recreational facility that purports to limit the recreational facility’s liability, or release the recreational facility from or indemnify or hold harmless the recreational facility against liability, for injury caused by or resulting from the negligence or other wrongful act of the recreational facility or its agents or on–duty employees is against public policy and is void and unenforceable.

(d) This section may not be interpreted to affect, extend, or limit the liability of a governmental entity for a tort or other claim subject to Title 12, Subtitle 1 of the State Government Article or Subtitle 3 of this title.
Md. Code, Health - General § 5-303 — MD Code / Article ghg / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

(a) There is a Postmortem Examiners Advisory Committee.

(b) The Committee consists of the following members:

(1) The Baltimore City Commissioner of Health;

(2) The head of the Pathology Department of the University of Maryland School of Medicine;

(3) The head of the Pathology Department of Johns Hopkins University School of Medicine;

(4) The Secretary of State Police;

(5) A representative of the Department, chosen by the Secretary; and

(6) Any other individual appointed by the Secretary, in consultation with the Office.

(c) From among the Committee members, the Secretary shall appoint a chair.

(d) The Committee shall advise the Secretary and the Office on:

(1) The implementation of this subtitle; and

(2) Carrying out the Office’s duties.
Md. Code, Business Regulation § 5-304 — MD Code / Article gbr / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) Each applicant designated as the responsible party shall demonstrate the financial stability of the business with which the applicant is affiliated by providing the Director with a financial statement or other reports required under subsection (e) of this section with the application for registration.

(b) If the business is a cemetery that sells burial goods and is an existing business, the financial statement shall:

(1) be on the form that the Director requires;

(2) contain a statement by a certified public accountant retained by the business, detailing the assets and liabilities of the cemetery for the last fiscal year; and

(3) contain a review by the certified public accountant as to the financial stability of the cemetery.

(c) If the business is an existing cemetery that does not sell burial goods or an existing burial goods business not affiliated with a cemetery, the applicant shall:

(1) complete a form that the Director requires; and

(2) satisfy criteria that the Director adopts under subsection (e) of this section.

(d) If the business is a new business, the applicant shall:

(1) complete a form that the Director requires; and

(2) satisfy criteria that the Director adopts under subsection (e) of this section.

(e) (1) The Director shall make a determination of the financial stability of each applicant based on criteria that the Director adopts for each class of business.

(2) The Director shall adopt separate criteria to determine the financial stability of applicants that are new businesses or existing businesses.

(3) The Director shall require that all financial statements of a new cemetery submitted under subsection (d) of this section be prepared by a certified public accountant retained by the business.
Md. Code, Natural Resources § 5-1801 — MD Code / Article gnr / Title 5 / Subtitle 18 / Section 5-1801
§5–1801.
Status: in_force

(a) The General Assembly finds that:

(1) On September 14, 1862, the Union and Confederate Armies fought a major battle along a seven mile stretch of South Mountain, which was the first battle of the Civil War fought on Maryland soil.

(2) The South Mountain Battlefield has been recognized as one of the 11 most endangered historic places in America for 2000.

(3) In order to preserve the land where the battle was fought and to provide the public with access to appreciate the land where the battle was fought, it is declared to be the public policy of this State to establish the first Civil War State Battlefield at South Mountain and to provide the authority and resources to develop and operate the Battlefield.

(b) (1) The Department shall manage the development and operation of the South Mountain Battlefield.

(2) The Department shall exercise the same powers of adopting regulations and managing the Battlefield that:

(i) Are exercised by the Department for a State park; and

(ii) Are consistent with the historic significance of the Battlefield.

(3) (i) The Department may set and charge fees based upon the approximate cost of operating the Battlefield to cover the cost of operating the Battlefield.

(ii) Any excess revenue at the end of a fiscal year shall be remitted to the General Fund.

(c) The South Mountain Battlefield shall encompass the property owned by the State along South Mountain between the northern portion of Washington Monument State Park in Washington and Frederick counties and the property near the town of Brownsville, south of Gathland State Park in Washington County.

(d) Subject to the availability of funds, the Governor shall appropriate the necessary funds in the State budget each year to the Department for the construction, operation, maintenance, and administration of the South Mountain Battlefield.
Md. Code, Natural Resources § 5-9B-01 — MD Code / Article gnr / Title 5 / Subtitle 9B / Section 5-9B-01
§5–9B–01.
Status: in_force

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

(b) “Application” means an application by a local government to the Board of Public Works to fund the purchase of an interest in real property under a local land preservation program.

(c) “Program” means a local land preservation program established in accordance with this subtitle.

(d) “Sponsor” means a local government.
Md. Code, Economic Development § 5-540 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-540
§5–540.
Status: in_force

(a) (1) The Authority may use the Fund to guarantee up to 80% of the principal of and interest on a long–term loan made by a financial institution to an applicant only if:

(i) the applicant meets the requirements under § 5–541 of this subtitle and has not violated § 5–545 of this subtitle;

(ii) the loan amount is $5,000 or more and the maximum amount payable by the Authority under the guaranty does not exceed $2,000,000;

(iii) the loan is used for:

1. working capital;

2. refinancing the applicant’s existing debt;

3. acquisition and installation of equipment;

4. making necessary improvements to real property that the applicant leases or owns in fee simple; or

5. acquiring real property that the applicant will own in fee simple if the property is to be used in the applicant’s trade or business for which the guaranty is sought and the financial institution or the Authority places a lien on the property;

(iv) the loan matures within 10 years after the closing date of the loan; and

(v) the interest rate does not exceed the monthly weighted average of the prime lending rate prevailing in Baltimore City on unsecured commercial loans, plus 2%, as determined by the Authority.

(2) The Authority may authorize the provision of a guaranty under this section in the following forms:

(i) an irrevocable letter of credit;

(ii) an official treasurer’s check;

(iii) funds on deposit in an escrow or other depository account; or

(iv) any other legal instrument promising a financial institution restitution or reimbursement for its loan losses, within the limits of the guaranty.

(3) Any terms and conditions governing the instruments described under paragraph (2) of this subsection may not be so onerous as to discourage the financial institution from offering the loan.

(4) (i) The Authority may only approve a guaranty under this section if the Authority determines that the loan to be guaranteed will have a substantial economic impact.

(ii) To determine the economic impact of a loan, the Authority may consider:

1. the amount of the guaranty obligation;

2. the terms of the loan to be guaranteed;

3. the number of new jobs that the loan will create; and

4. any other factor that the Authority considers relevant.

(b) (1) In addition to a loan guaranty, the Authority may provide an interest subsidy for the benefit of the applicant.

(2) The subsidy:

(i) may be for the life of the loan;

(ii) may not exceed 4%;

(iii) shall be payable quarterly; and

(iv) shall be made to the financial institution that makes the loan that the Authority guarantees.

(3) (i) The subsidy may not exceed the difference between:

1. the interest rate on the guaranteed loan; and

2. the discount interest rate that the Federal Reserve Bank uses.

(ii) The interest rate may not exceed the monthly weighted average of the prime lending rate that prevails in Baltimore City on unsecured commercial loans, as the Authority determines as of the date of closing, plus 2%.

(4) The subsidy may not be paid during any period in which the loan is in default.

(c) In providing financial assistance under this section, the Authority shall recognize the need to serve applicants from all political subdivisions in the State.
Md. Code, Education § 5-314 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-314
§5–314.
Status: in_force

(a) Notwithstanding § 2–303(f) of this article, the process for the review and approval of public school construction projects shall be in accordance with the provisions of this section.

(b) (1) Except as provided in subsection (e) of this section, educational specifications and schematic designs for major construction projects are required to:

(i) Be reviewed by the Interagency Commission; and

(ii) Prior to finalization by a local education agency, have any concerns or recommendations of the Interagency Commission satisfactorily resolved.

(2) To provide efficiency within the process, the Department and the Interagency Commission shall consider altering the review and approval process required under paragraph (1) of this subsection, including a rolling deadline for submission of documents, with schematic designs submitted following the completion of the educational specifications review.

(c) (1) Change orders for major construction projects and systemic renovation projects may not be:

(i) Reviewed by the Department of General Services; and

(ii) Approved by the Interagency Commission.

(2) A percentage of the State allocation related to change orders may not be withheld.

(3) Local education agencies shall maintain contingency funds for each approved project to address unanticipated construction costs above the State allocation.

(d) (1) Except as provided in subsection (e) of this section, design and construction documents for major construction projects and systemic renovation projects are required to be:

(i) Reviewed by the Department of General Services; and

(ii) Approved by the Interagency Commission.

(2) The Department of General Services and the Interagency Commission, in consultation with local education agencies, shall develop a timeline for submission, review, and approval of design and construction documents.

(e) (1) The provisions of subsections (b) and (d) of this section and § 5–310(h) of this subtitle do not apply to a local education agency that successfully completes a certification process that meets the requirements of this subsection.

(2) Subject to the review and approval of the Interagency Commission, the Department of General Services shall develop a certification process through which a local education agency is able to demonstrate the expertise and capacity to complete the review of educational specifications, schematic designs, design and construction documents, or preventative maintenance schedule compliance within the county.

(3) The certification process developed by the Department of General Services shall provide for a renewable, 5–year certification for a local education agency that successfully completes the certification process.

(f) School construction projects that are funded entirely with local funds are not required to be reviewed by the Department unless the project substantially alters or expands an existing school building that was built in part with State funds.

(g) If there is any conflict between the provisions of this section and the regulations and procedures of the Interagency Commission, the Department, or the Department of General Services, the provisions of this section shall prevail.
Md. Code, General Provisions § 5-1001 — MD Code / Article ggp / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: in_force

This title may be cited as the Maryland Public Ethics Law.
Md. Code, Public Safety § 5-145.1 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-145.1
§5–145.
Status: in_force

§5–145.1.

(a) A licensed dealer may not conduct business and store firearms at a location unless:

(1) the premises on which the licensed dealer operates is equipped with security features, including:

(i) equipment capable of filming and recording video footage inside and outside buildings where firearms are stored;

(ii) at least one of the following features designed to prevent unauthorized entry installed on all exterior doors and windows of all buildings where firearms are stored:

1. bars;

2. security screens;

3. commercial grade metal doors;

4. grates; or

5. other physical barriers approved by the Secretary;

(iii) a burglary alarm system that is continually monitored; and

(iv) if practicable, physical barriers designed to prevent the use of motor vehicles to breach all buildings where firearms are stored; or

(2) outside business hours, the licensed dealer locks all firearms stored on the premises in:

(i) a vault;

(ii) a safe; or

(iii) a room or building that meets the requirements under item (1) of this subsection.

(b) (1) This subsection does not apply if the equipment or alarm system became temporarily inoperable at no fault of the licensed dealer.

(2) A person who violates this section is subject to a civil penalty not exceeding $1,000 imposed by the Secretary.

(3) In addition to the penalty imposed under paragraph (2) of this subsection, a person who knowingly and willfully violates this section is subject to:

(i) for a second offense, suspension of the person’s dealer’s license; and

(ii) for a third or subsequent offense, revocation of the person’s dealer’s license.

(c) The Secretary shall adopt rules and regulations to determine whether a licensed dealer has met the requirements of subsection (a) of this section.
Md. Code, Economic Development § 5-574 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-574
§5–574.
Status: in_force

(a) In its sole discretion, the Authority may set:

(1) the premiums and fees for providing bonding assistance under the Program; and

(2) the terms and conditions when the premiums and fees are payable.

(b) The premiums and fees may vary in amount among transactions and at different stages of a transaction.

(c) A determination by the Authority on premiums and fees remains effective for as long as the bonding assistance provided by the Authority is in effect.
Md. Code, Business Occupations and Professions § 5-401 — MD Code / Article gbo / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

An individual shall be registered by the Board before the individual may serve as an apprentice in a beauty salon in the State.
Md. Code, Economic Development § 5-534 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-534
§5–534.
Status: in_force

There is a Small Business Development Guaranty Fund.
Md. Code, Education § 5-325 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-325
§5–325.
Status: in_force

(a) A county board, during the design development phase for the construction or major renovation of a public school building, shall complete an evaluation of:

(1) The cost and efficiency, based on a 50–year period, of using available alternative energy systems, including geothermal, solar, wind, and energy storage compared to a traditional energy system;

(2) An energy consumption and systems replacement, based on a 50–year period, of each major piece of equipment in any of the following systems serving the public school building:

(i) The cooling system;

(ii) The heating system;

(iii) The hot water system;

(iv) The lighting system;

(v) The ventilation system; or

(vi) Any other major system that uses energy; and

(3) The impact of innovative building design and materials on energy consumption, including white roofs and green roofs.

(b) If the county board determines that no alternative energy systems are appropriate for a construction or major renovation project, the county board shall submit a report to the Interagency Commission that explains why the alternative energy systems were not appropriate.

(c) On or before December 31 each year, the Interagency Commission shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the number of public school construction and major renovation projects in each jurisdiction that use alternative energy systems.
Md. Code, Labor and Employment § 5-605 — MD Code / Article gle / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

(a) Each employer is encouraged to provide information and incentives that promote ridesharing arrangements.

(b) (1) Unless an employer owns or contracts for a vehicle that is used in a ridesharing arrangement, the employer is not liable for an injury to a rider or another that results from use of the vehicle.

(2) An employer is not liable for an injury to a rider or another only because the employer provides information or incentives or otherwise encourages an employee to participate in a ridesharing arrangement, as defined in § 11-150.1 of the Transportation Article.
Md. Code, Family Law § 5-407 — MD Code / Article gfl / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

(a) Money payments and special services under the adoption subsidy program shall be funded by:

(1) appropriations to a local department for the maintenance of children in foster care; and

(2) money that is made available to a local department from other sources.

(b) Medical assistance and medical care under the adoption subsidy program shall be funded by:

(1) savings for the fiscal year by the Maryland Department of Health and the Department of Human Services that are attributable to adoptions under this subtitle; and

(2) appropriations to the Department of Human Services for the adoption subsidy program.

(c) The Administration may reimburse the Maryland Department of Health for the cost of medical assistance and medical care directly or through a contract with the Department.
Md. Code, Economic Development § 5-314 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-314
§5–314.
Status: in_force

(a) The Department may use money in the Fund to:

(1) provide financial assistance to eligible applicants; and

(2) pay expenses for administrative, actuarial, legal, and technical services for the Fund.

(b) The Department periodically shall review its portfolio in an effort to ensure:

(1) the equitable distribution among the counties of money from the Fund;

(2) adequate funding for Tier I county projects; and

(3) that no particular Tier I county benefits disproportionately from financial assistance to Tier I counties under this subtitle.
Md. Code, State Personnel and Pensions § 5-211 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-211
§5–211.
Status: in_force

(a) An applicant or employee subject to this subtitle may file with the head of the principal unit a written complaint:

(1) that alleges a violation of § 5–208 of this subtitle; or

(2) that alleges harassment in violation of § 20–606(a)(5) of the State Government Article.

(b) A complaint under subsection (a)(1) of this section must be filed within 1 year after the complainant first knew of or reasonably should have known of the alleged violation that is the basis for the complaint.

(c) A complaint under subsection (a)(2) of this section must be filed within 2 years after the alleged violation that is the basis for the complaint.
Md. Code, Financial Institutions § 5-802 — MD Code / Article gfi / Title 5 / Subtitle 8 / Section 5-802
§5–802.
Status: in_force

(a) If the Commissioner believes that a banking institution or any of its directors, officers, trustees, managers, agents, or employees has violated any provision of this article that relates to the institution, the Commissioner immediately shall report the violation to the Secretary of Labor, who shall ask the Attorney General to take the appropriate steps to institute a prosecution for the violation.

(b) (1) The Commissioner shall send a warning to a director or officer of a banking institution who the Commissioner believes has violated any provision of this article that relates to the institution.

(2) If, after the warning, the director or officer continues to violate the law, the director or officer may be removed as provided in § 5–801 of this subtitle.

(c) Unless another penalty specifically is provided elsewhere in this article, any banking institution and any director, officer, trustee, manager, agent, or employee of a banking institution who violates any provision of this article that relates to the institution is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $3,000 or imprisonment not exceeding 5 years or both.
Md. Code, Family Law § 5-525 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-525
§5–525.
Status: in_force

(a) (1) In this section, “disability” means:

(i) a physical or mental impairment that substantially limits one or more of an individual’s major life activities;

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

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

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

(b) (1) The Administration shall establish a program of out–of–home placement for minor children:

(i) who are placed in the custody of a local department, for a period of not more than 180 days, by a parent or legal guardian under a voluntary placement agreement;

(ii) who are abused, abandoned, neglected, or dependent, if a juvenile court:

1. has determined that continued residence in the child’s home is contrary to the child’s welfare; and

2. has committed the child to the custody or guardianship of a local department; or

(iii) who, with the approval of the Administration, are placed in an out–of–home placement by a local department under a voluntary placement agreement subject to paragraph (2) of this subsection.

(2) (i) A local department may not seek legal custody of a child under a voluntary placement agreement if the child has a developmental disability or a mental illness and the purpose of the voluntary placement agreement is to obtain treatment or care related to the child’s disability that the parent is unable to provide.

(ii) A child described in subparagraph (i) of this paragraph may remain in an out–of–home placement under a voluntary placement agreement for more than 180 days if the child’s disability necessitates care or treatment in the out–of–home placement and a juvenile court makes a finding that continuation of the placement is in the best interests of the child.

(iii) Each local department shall designate, from existing staff, a staff person to administer requests for voluntary placement agreements for children with developmental disabilities or mental illnesses.

(iv) Each local department shall report annually to the Administration on the number of requests for voluntary placement agreements for children with developmental disabilities or mental illnesses that have been received, the outcome of each request, and the reason for each denial.

(v) On receipt of a request for a voluntary placement agreement for a child with a developmental disability or a mental illness, a local department shall discuss the child’s case at the next meeting of the local care team for the purpose of determining whether any alternative or interim services for the child and family may be provided by any agency.

(3) (i) The Administration shall establish a program of out–of–home placement for former CINAs:

1. whose commitment to a local department was rescinded after the individuals reached the age of 18 years but before the individuals reached the age of 20 years and 6 months; and

2. who did not exit foster care due to reunification, adoption, guardianship, marriage, or uniformed services duty.

(ii) The Administration shall adopt regulations that include eligibility requirements in accordance with federal law and regulations for providing assistance to individuals at least 18 years old.

(iii) A local department may not seek legal custody of a former CINA under a voluntary placement agreement.

(iv) A former CINA described in subparagraph (i) of this paragraph may remain in an out–of–home placement under a voluntary placement agreement for more than 180 days if the former CINA continues to comply with the voluntary placement agreement and a juvenile court makes a finding that the continuation of the placement is in the best interests of the former CINA.

(v) 1. A local department shall advise a child, in writing, before emancipation of the right to reenter care and the procedures for reentering care under this paragraph.

2. If a local department has knowledge that a former CINA described in subparagraph (i) of this paragraph is homeless, as defined in 42 U.S.C. § 11434a, including by obtaining information regarding the former CINA’s homelessness in an application for public assistance or through contact between the former CINA and a caseworker, the local department shall contact the former CINA and advise the former CINA of the right to reenter care and procedures for reentering care under this paragraph.

(c) In establishing the out–of–home placement program the Administration shall:

(1) provide time–limited family reunification services to a child placed in an out–of–home placement and to the parents or guardian of the child, in order to facilitate the child’s safe and appropriate reunification within a timely manner;

(2) concurrently develop and implement a permanency plan that is in the best interests of the child; and

(3) provide training on an annual basis for the staff at each local department who administer requests for voluntary placement agreements for children with developmental disabilities or mental illnesses under subsection (b) of this section.

(d) (1) The local department shall provide 24–hour a day care and supportive services for a child who is committed to its custody or guardianship in an out–of–home placement on a short–term basis or placed in accordance with a voluntary placement agreement.

(2) (i) A child may not be committed to the custody or guardianship of a local department and placed in an out–of–home placement solely because the child’s parent or guardian lacks shelter or has a disability or solely because the child’s parents are financially unable to provide treatment or care for a child with a developmental disability or mental illness.

(ii) The local department shall make appropriate referrals to emergency shelter services and other services for the homeless family with a child which lacks shelter.

(e) (1) Unless a court orders that reasonable efforts are not required under § 3–812 of the Courts Article or § 5–323 of this title, reasonable efforts shall be made to preserve and reunify families:

(i) prior to the placement of a child in an out–of–home placement, to prevent or eliminate the need for removing the child from the child’s home; and

(ii) to make it possible for a child to safely return to the child’s home.

(2) In determining the reasonable efforts to be made and in making the reasonable efforts described under paragraph (1) of this subsection, the child’s safety and health shall be the primary concern.

(3) Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with the reasonable efforts described under paragraph (1) of this subsection.

(4) If continuation of reasonable efforts to reunify the child with the child’s parents or guardian is determined to be inconsistent with the permanency plan for the child:

(i) reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, including consideration of both in–State and out–of–state placements, and to complete the steps to finalize the permanent placement of the child; and

(ii) in a case in which the parent of the child is receiving treatment in a residential substance use disorder treatment program with beds or services for patients’ children and the child is in the presence of the child’s parent for the duration of the child’s parent’s treatment, the local department shall file a report with the court that explains:

1. why the child was not placed with the parent;

2. any efforts the local department has made toward placement of the child; and

3. any difficulties with placing the child with the parent.

(f) (1) In developing a permanency plan for a child in an out–of–home placement, the local department shall give primary consideration to the best interests of the child, including consideration of both in–State and out–of–state placements. The local department shall consider the following factors in determining the permanency plan that is in the best interests of the child:

(i) the child’s ability to be safe and healthy in the home of the child’s parent;

(ii) the child’s attachment and emotional ties to the child’s natural parents and siblings;

(iii) the child’s emotional attachment to the child’s current caregiver and the caregiver’s family;

(iv) the length of time the child has resided with the current caregiver;

(v) the potential emotional, developmental, and educational harm to the child if moved from the child’s current placement; and

(vi) the potential harm to the child by remaining in State custody for an excessive period of time.

(2) To the extent consistent with the best interests of the child in an out–of–home placement, the local department shall consider the following permanency plans, in descending order of priority:

(i) returning the child to the child’s parent or guardian, unless the local department is the guardian;

(ii) placing the child with relatives to whom adoption, custody and guardianship, or care and custody, in descending order of priority, are planned to be granted;

(iii) adoption in the following descending order of priority:

1. by a current foster parent with whom the child has resided continually for at least the 12 months prior to developing the permanency plan or for a sufficient length of time to have established positive relationships and family ties; or

2. by another approved adoptive family; or

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

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

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

(3) Subject to paragraphs (1) and (2) of this subsection and to the extent consistent with the best interests of a child in an out–of–home placement, in determining a permanency plan, the local department shall consider the following in descending order of priority:

(i) placement of the child in the local jurisdiction where the child’s parent or guardian resides; or

(ii) if the local department finds, based on a compelling reason, that placement of the child as described in item (i) of this paragraph is not in the best interest of the child, placement of the child in another jurisdiction in the State after considering:

1. the availability of resources to provide necessary services to the child;

2. the accessibility to family treatment, if appropriate; and

3. the effect on the local school system.

(g) (1) The local department shall:

(i) prepare the permanency plan in writing within 60 days of the date the child comes into care;

(ii) if the child is under the jurisdiction of the juvenile court, furnish the plan to the child’s parents, the child or the child’s counsel, and to the juvenile court; and

(iii) maintain the plan in the agency’s case record.

(2) The local department shall amend the plan promptly as necessary in light of the child’s situation and any court orders which affect the child.

(h) Unless a child has received a review from the local board of review of foster care under § 5–544 of this subtitle, the local department shall perform an administrative review every 6 months to determine the success of the efforts to meet the goals set out in the permanency plan or the agreement with the parents or guardians in voluntary placements.

(i) (1) Foster parents who wish to adopt a foster child in their care and who wish to contest the agency’s decision to place the child with another adoptive family may, within 30 days from the removal of the child, file with the agency a request for a hearing.

(2) Within 10 days after receipt of a request for a hearing under paragraph (1) of this subsection, the agency shall notify the Office of Administrative Hearings, which shall hold the hearing and issue a decision within 45 days of the receipt of the request.

(j) The Administration shall adopt regulations that:

(1) establish goals and specify permanency planning procedures that:

(i) maximize the prospect for reducing length of stay in out–of–home placement in the best interests of children; and

(ii) implement the intent of this section;

(2) prohibit a local department from seeking the custody or guardianship of a child for placement in foster care solely because the child’s parent or guardian lacks shelter or has a disability or solely because the child’s parents are financially unable to provide treatment or care for a child with a developmental disability or mental illness;

(3) specify the compelling reasons for placing a child in a local jurisdiction other than the local jurisdiction where the child’s parent or guardian resides, under subsection (f)(3)(ii) of this section;

(4) require the local department to make appropriate referrals to emergency shelter and other services for families with children who lack shelter;

(5) establish criteria for investigating and approving foster homes, including requirements for window coverings in accordance with § 5–505 of this subtitle;

(6) for cases in which the permanency plan recommended by the local department or under consideration by the court includes appointment of a guardian and rescission of the local department’s custody or guardianship of a child:

(i) establish criteria for investigating and determining the suitability of prospective relative or nonrelative guardians; and

(ii) require the filing of a report with the court as provided in § 3–819.2 of the Courts Article; and

(7) ensure that all children in foster care who are at least 18 years of age have a birth certificate, a Social Security card, health insurance information, medical records, and a driver’s license or State–issued identification card at emancipation.

(k) (1) At least one time each year, the Administration shall provide to a child in an out–of–home placement who is at least 13 years old information regarding benefits available to the child on leaving out–of–home care.

(2) The information provided under paragraph (1) of this subsection shall include information regarding tuition assistance, health care benefits, housing, job training and internship opportunities, and the right to reenter care and procedures for reentering care under subsection (b)(3) of this section.

(3) The Administration may provide to the child the information required under paragraph (1) of this subsection:

(i) at a permanency planning hearing or review hearing held in accordance with § 3–823 of the Courts Article; or

(ii) by certified mail.

(l) (1) The Department shall develop a Foster Youth Bill of Rights delineating the rights of children in out–of–home placements.

(2) At least one time each year, the Administration shall provide to each child in an out–of–home placement who is at least 13 years old a copy of the Foster Youth Bill of Rights developed under paragraph (1) of this subsection.
Md. Code, Economic Development § 5-1004 — MD Code / Article gec / Title 5 / Subtitle 10 / Section 5-1004
§5–1004.
Status: in_force

(a) A loan made under this subtitle for the purpose of providing financial support to a business owned by an individual who is called to active duty or to a small business employer of an individual who is called to active duty:

(1) may be made at any time from the individual’s receipt of orders to report to 6 months after the end of the individual’s active duty; and

(2) shall be subject to criteria for eligibility and priority established by the Department of Veterans and Military Families, including the extent to which the individual who is called to active duty is an essential employee of the business.

(b) A loan made under this subtitle for the purpose of making accessible to individuals with disabilities the home, motor vehicle, or place of employment of a service–disabled veteran may be made at any time.
Md. Code, Economic Development § 5-518 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-518
§5–518.
Status: in_force

There is a Small Business Development Contract Financing Fund.
Md. Code, State Personnel and Pensions § 5-210 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-210
§5–210.
Status: in_force

(a) A complainant may be represented during the complaint process by any person the complainant chooses.

(b) (1) If a complainant fails to appeal a decision in accordance with this subtitle, the complainant is considered to have accepted the decision.

(2) A failure to decide a complaint in accordance with this subtitle is considered a denial from which an appeal may be made.

(c) Each party shall make every effort to resolve a complaint at the lowest level possible.
Md. Code, Commercial Law § 5-103 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) This title applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit.

(b) The statement of a rule in this title does not by itself require, imply, or negate application of the same or a different rule to a situation not provided for, or to a person not specified, in this title.

(c) With the exception of this subsection, subsections (a) and (d) of this section, §§ 5–102(a)(9) and (10), 5–106(d), and 5–114(d) of this title, and except to the extent prohibited in §§ 1–302 and 5–117(d) of this article, the effect of this title may be varied by agreement or by a provision stated or incorporated by reference in an undertaking. A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this title.

(d) Rights and obligations of an issuer to a beneficiary or a nominated person under a letter of credit are independent of the existence, performance, or nonperformance of a contract or arrangement out of which the letter of credit arises or which underlies it, including contracts or arrangements between the issuer and the applicant and between the applicant and the beneficiary.
Md. Code, Election Law § 5-703 — MD Code / Article gel / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

(a) Except for a candidate for a nonpartisan county board of education, this section applies to any candidate for public office subject to this title.

(b) A candidate for a public office may be nominated by petition under this subtitle if the candidate is not affiliated with any political party.

(c) (1) A candidate for public office who seeks nomination by petition shall file a declaration of intent to seek nomination by petition.

(2) The declaration of intent shall be filed with the board at which the candidate files a certificate of candidacy under Subtitle 3 of this title.

(3) The declaration of intent shall be filed as follows:

(i) not later than the first Monday in July; and

(ii) for a special election to fill a vacancy for Representative in Congress, by the date and time specified in the Governor’s proclamation.

(4) A candidate who seeks nomination by petition may not be charged a fee for filing the declaration of intent.

(d) (1) A candidate for public office who seeks nomination by petition shall file a certificate of candidacy not later than 5 p.m. on the first Monday in August in the year of the general election for the office.

(2) Except for the time of filing, the certificate of candidacy for a candidate who seeks nomination by petition shall comply with the requirements for a certificate of candidacy under Subtitle 3 of this title.

(e) (1) A candidate who seeks nomination by petition may not have the candidate’s name placed on the general election ballot unless the candidate files with the appropriate board petitions signed by the lesser of 10,000 registered voters or 1% of the total number of registered voters who are eligible to vote for the office for which the nomination by petition is sought, except that the petitions shall be signed by at least 250 registered voters who are eligible to vote for the office.

(2) The petitions shall be filed as required in Title 6 of this article.

(3) The number of registered voters required to satisfy the requirements of paragraph (1) of this subsection shall be determined as of January 1 of the year of the primary election for which the nomination is sought.

(f) (1) Except as provided in paragraph (2) of this subsection, a petition that contains the required number of signatures specified under subsection (e)(1) of this section shall be filed with the appropriate board by 5 p.m. on the first Monday in August in the year in which the general election is held.

(2) In a special election to fill a vacancy in the office of Representative in Congress, a petition that contains the required number of signatures shall be filed with the State Board by 5 p.m. on the day of the special primary election.
Md. Code, Economic Development § 5-302 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

Assistance for a Tier I county project is available to a Tier I county under this subtitle only if:

(1) the county has developed a local strategic plan for economic development in consultation with the municipal corporations located in the county, if any;

(2) the county has submitted the plan to the Secretary for approval; and

(3) the Secretary has approved the plan.
Md. Code, Health - General § 5-605 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

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

(ii) “Person eligible for relief” has the meaning stated in § 4–501 of the Family Law Article.

(iii) “Unavailable” means:

1. After reasonable inquiry, a health care provider is unaware of the existence of a health care agent or surrogate decision maker;

2. After reasonable inquiry, a health care provider cannot ascertain the whereabouts of a health care agent or surrogate decision maker;

3. A health care agent or surrogate decision maker has not responded in a timely manner, taking into account the health care needs of the individual, to a written or oral message from a health care provider;

4. A health care agent or surrogate decision maker is incapacitated; or

5. A health care agent or surrogate decision maker is unwilling to make decisions concerning health care for the individual.

(2) Subject to paragraph (4) of this subsection, the following individuals or groups, in the specified order of priority, may make decisions about health care for a person who has been certified to be incapable of making an informed decision and who has not appointed a health care agent in accordance with this subtitle or whose health care agent is unavailable. Individuals in a particular class may be consulted to make a decision only if all individuals in the next higher class are unavailable:

(i) A guardian for the patient, if one has been appointed;

(ii) The patient’s spouse or domestic partner;

(iii) An adult child of the patient;

(iv) A parent of the patient;

(v) An adult brother or sister of the patient; or

(vi) A friend or other relative of the patient who meets the requirements of paragraph (3) of this subsection.

(3) A friend or other relative may make decisions about health care for a patient under paragraph (2) of this subsection if the person:

(i) Is a competent individual; and

(ii) Presents an affidavit to the attending physician stating:

1. That the person is a relative or close friend of the patient; and

2. Specific facts and circumstances demonstrating that the person has maintained regular contact with the patient sufficient to be familiar with the patient’s activities, health, and personal beliefs.

(4) An individual may not make decisions about health care for a patient under paragraph (2) of this subsection if:

(i) The individual is the subject of an interim, temporary, or final protective order and the patient is a person eligible for relief under the order; or

(ii) The individual is the spouse of the patient and:

1. The individual and patient have executed a separation agreement; or

2. The individual or patient has filed an application for divorce.

(5) The attending physician shall include the affidavit presented under paragraph (3) of this subsection in the patient’s medical record.

(6) A person who obtains new information that would prohibit an individual from making health care decisions for a patient under paragraph (4) of this subsection shall provide the information to any health care provider or health care facility providing services to the patient.

(b) (1) If persons with equal decision making priority under subsection (a) of this section disagree about a health care decision, and a person who is incapable of making an informed decision is receiving care in a hospital or related institution, the attending physician or an individual specified in subsection (a) of this section shall refer the case to the institution’s patient care advisory committee, and may act in accordance with the recommendation of the committee or transfer the patient in accordance with the provisions of § 5–613 of this subtitle. A physician who acts in accordance with the recommendation of the committee is not subject to liability for any claim based on lack of consent or authorization for the action.

(2) If a person who is incapable of making an informed decision is not in a hospital or related institution, a physician may not withhold or withdraw life–sustaining procedures if there is not agreement among all the persons in the same class.

(c) (1) Any person authorized to make health care decisions for another under this section shall base those decisions on the wishes of the patient and, if the wishes of the patient are unknown or unclear, on the patient’s best interest.

(2) In determining the wishes of the patient, a surrogate shall consider the patient’s:

(i) Current diagnosis and prognosis with and without the treatment at issue;

(ii) Expressed preferences regarding the provision of, or the withholding or withdrawal of, the specific treatment at issue or of similar treatments;

(iii) Relevant religious and moral beliefs and personal values;

(iv) Behavior, attitudes, and past conduct with respect to the treatment at issue and medical treatment generally;

(v) Reactions to the provision of, or the withholding or withdrawal of, a similar treatment for another individual; and

(vi) Expressed concerns about the effect on the family or intimate friends of the patient if a treatment were provided, withheld, or withdrawn.

(3) The decision of a surrogate regarding whether life–sustaining procedures should be provided, withheld, or withdrawn shall not be based, in whole or in part, on either a patient’s preexisting, long–term mental or physical disability, or a patient’s economic disadvantage.

(4) A surrogate shall inform the patient, to the extent possible, of the proposed procedure and the fact that someone else is authorized to make a decision regarding that procedure.

(d) A surrogate may not authorize:

(1) Sterilization; or

(2) Treatment for a mental disorder.
Md. Code, Labor and Employment § 5-901 — MD Code / Article gle / Title 5 / Subtitle 9 / Section 5-901
§5–901.
Status: in_force

This title may be cited as the “Maryland Occupational Safety and Health Act”.
Md. Code, Estates and Trusts § 5-607 — MD Code / Article get / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

Except to the extent inconsistent with the letter and the spirit of this subtitle, all other provisions of the estates of decedents law shall be applicable to a small estate.
Md. Code, Economic Development § 5-415 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-415
§5–415.
Status: in_force

(a) The Authority may approve, or may authorize the Executive Director to approve, the form of an agreement by the Authority under this subtitle.

(b) Any money that the Authority pays under an agreement the Authority makes under this subtitle shall be payable as and when the Authority determines in its sole discretion.
Md. Code, Family Law § 5-555 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-555
§5–555.
Status: in_force

(a) The Department shall conduct the criminal history records checks required under this Part V of this subtitle.

(b) (1) The facilities identified in § 5–551(a) of this subtitle shall apply to the Central Repository for a national and State criminal history records check for each employee, employer, individual, or volunteer.

(2) As part of an application for a criminal history records check, a facility identified in § 5–551(a) of this subtitle shall submit to the Central Repository:

(i) a legible set of the employee’s, employer’s, individual’s, or volunteer’s fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(ii) the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and

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

(3) In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward the employee’s, employer’s, individual’s, or volunteer’s criminal history record information to:

(i) the employee, employer, individual, or volunteer; and

(ii) the authorized agencies required to license, register, approve, or certify the facility identified in § 5–551(a) of this subtitle.

(c) The Department shall update an initial criminal history records check for an employee, employer, or individual identified in § 5–551(b), (c), (d), or (e) of this subtitle and issue an updated records check in accordance with this subsection.

(d) The Department shall provide an applicant’s initial and updated State criminal history record to:

(1) the recipients of the State criminal history record specified in subsection (e) of this section; and

(2) the State Department of Education if the applicant is:

(i) an employee of or an adult resident in a child care center that is required to be licensed or to hold a letter of compliance under Title 9.5, Subtitle 4 of the Education Article;

(ii) an employee of or an adult resident in a family child care home or large family child care home that is required to be registered under Title 9.5, Subtitle 3 of the Education Article; or

(iii) an individual who provides or agrees to provide informal child care or an adult who resides in a home where informal child care is being provided or will be provided to a child who does not reside there.

(e) (1) Except as provided in paragraph (2) of this subsection, on receiving a written request from an employee, the Department shall disseminate the national and State criminal history records check to authorized agencies if the criminal history records check was completed during the prior 180 days.

(2) On receiving a written request from a student teacher employed under § 6–107 of the Education Article, the Department shall disseminate the national and State criminal history records check to authorized agencies if the criminal history records check was completed during the prior 365 days.

(f) Information obtained from the Central Repository under this subtitle:

(1) is confidential;

(2) may not be disseminated; and

(3) may be used only for the purposes authorized by this subtitle.

(g) The subject of a criminal history records check under this subtitle may contest the contents of the national and State criminal history records check issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
Md. Code, Corporations and Associations § 5-519 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-519
§5–519.
Status: in_force

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

(2) The meeting shall be held:

(i) At the time provided in the bylaws; or

(ii) If the bylaws specify a period not exceeding 31 days during which the meeting may be held, at a time within that period set by the board of directors.

(b) The bylaws may provide for additional regular meetings.

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

(2) Ten percent of the members may demand 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 then shall call the meeting.

(d) Notice of each meeting shall be mailed to each member at least ten days before the meeting and, if a special meeting is called, the notice shall state the purpose of the meeting.
Md. Code, Agriculture § 5-102 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) The State Chemist shall administer the provisions of this subtitle subject to the supervision of the Secretary.

(b) The Secretary may cooperate with and enter into agreements with any other agency of the State, any other state, the United States, or with the Association of American Pesticide Control Officials, Inc. to carry out the provisions of this subtitle and to secure uniform rules and regulations.

(c) The Secretary shall develop a comprehensive pesticide data program that includes:

(1) The number and types of enforcement actions taken; and

(2) Figures for the number, types, and uses of pesticides in Maryland.

(d) The Secretary shall issue a report on the comprehensive pesticide data program to the General Assembly, in accordance with § 2-1257 of the State Government Article, by January 1, 1990 and by January 1 of each subsequent year.
Md. Code, Criminal Law § 5-601 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

(a) Except as otherwise provided in this title, a person may not:

(1) possess or administer to another a controlled dangerous substance, unless:

(i) obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or

(ii) the controlled dangerous substance is cannabis, the individual is at least 21 years old, and the amount possessed is the personal use amount; or

(2) obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by:

(i) fraud, deceit, misrepresentation, or subterfuge;

(ii) the counterfeiting or alteration of a prescription or a written order;

(iii) the concealment of a material fact;

(iv) the use of a false name or address;

(v) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or

(vi) making, issuing, or presenting a false or counterfeit prescription or written order.

(b) Information that is communicated to a physician in an effort to obtain a controlled dangerous substance in violation of this section is not a privileged communication.

(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to:

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

(ii) for a second or third conviction, imprisonment not exceeding 18 months or a fine not exceeding $5,000 or both; or

(iii) for a fourth or subsequent conviction, imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, a person whose violation of this section involves the use or possession of cannabis is guilty of a misdemeanor of possession of cannabis and is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

(ii) 1. A finding of guilt under this section involving the use or possession of the personal use amount of cannabis by a person under the age of 21 years is a civil offense punishable by a fine not exceeding $100.

2. A finding of guilt under this section involving the use or possession of the civil use amount of cannabis is a civil offense punishable by a fine not exceeding $250.

3. A. In addition to a fine, a court may order a person under the age of 21 years who commits a violation punishable under subsubparagraph 1 or 2 of this subparagraph to attend a drug education program approved by the Maryland Department of Health, refer the person to an assessment for substance abuse disorder, and refer the person to substance abuse treatment, if necessary.

B. A court that orders a person to a drug education program or substance abuse assessment or treatment under this subsubparagraph may hold the case sub curia pending receipt of proof of completion of the program, assessment, or treatment.

(3) (i) 1. In this paragraph the following words have the meanings indicated.

2. “Bona fide physician–patient relationship” means a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient’s medical condition.

3. “Caregiver” means an individual designated by a patient with a debilitating medical condition to provide physical or medical assistance to the patient, including assisting with the medical use of cannabis, who:

A. is a resident of the State;

B. is at least 21 years old;

C. is an immediate family member, a spouse, or a domestic partner of the patient;

D. has not been convicted of a crime of violence as defined in § 14–101 of this article;

E. has not been convicted of a violation of a State or federal controlled dangerous substances law;

F. has not been convicted of a crime of moral turpitude;

G. has been designated as caregiver by the patient in writing that has been placed in the patient’s medical record prior to arrest;

H. is the only individual designated by the patient to serve as caregiver; and

I. is not serving as caregiver for any other patient.

4. “Debilitating medical condition” means a chronic or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or medical condition that produces one or more of the following, as documented by a physician with whom the patient has a bona fide physician–patient relationship:

A. cachexia or wasting syndrome;

B. severe or chronic pain;

C. severe nausea;

D. seizures;

E. severe and persistent muscle spasms; or

F. any other condition that is severe and resistant to conventional medicine.

(ii) 1. In a prosecution for the use or possession of cannabis, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.

2. Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed cannabis because of medical necessity, the court shall dismiss the charge.

(iii) 1. In a prosecution for the use or possession of cannabis under this section, it is an affirmative defense that the defendant used or possessed cannabis because:

A. the defendant has a debilitating medical condition that has been diagnosed by a physician with whom the defendant has a bona fide physician–patient relationship;

B. the debilitating medical condition is severe and resistant to conventional medicine; and

C. cannabis is likely to provide the defendant with therapeutic or palliative relief from the debilitating medical condition.

2. A. In a prosecution for the possession of cannabis under this section, it is an affirmative defense that the defendant possessed cannabis because the cannabis was intended for medical use by an individual with a debilitating medical condition for whom the defendant is a caregiver.

B. A defendant may not assert the affirmative defense under this subsubparagraph unless the defendant notifies the State’s Attorney of the defendant’s intention to assert the affirmative defense and provides the State’s Attorney with all documentation in support of the affirmative defense in accordance with the rules of discovery provided in Maryland Rules 4–262 and 4–263.

3. An affirmative defense under this subparagraph may not be used if the defendant was:

A. using cannabis in a public place or assisting the individual for whom the defendant is a caregiver in using the cannabis in a public place; or

B. in possession of more than 1 ounce of cannabis.

(4) The smoking of cannabis in a public place is a civil offense punishable by:

(i) for a first finding of guilt, a fine not exceeding $50; and

(ii) for a second or subsequent finding of guilt, a fine not exceeding $150.

(d) The provisions of subsection (c)(2)(ii) of this section may not be construed to affect the laws relating to:

(1) operating a vehicle or vessel while under the influence of or while impaired by a controlled dangerous substance; or

(2) seizure and forfeiture.

(e) (1) (i) Before imposing a sentence under subsection (c) of this section, the court may order the Maryland Department of Health or a certified and licensed designee to conduct an assessment of the defendant for substance use disorder and determine whether the defendant is in need of and may benefit from drug treatment.

(ii) If an assessment for substance use disorder is requested by the defendant and the court denies the request, the court shall state on the record the basis for the denial.

(2) On receiving an order under paragraph (1) of this subsection, the Maryland Department of Health, or the designee, shall conduct an assessment of the defendant for substance use disorder and provide the results to the court, the defendant or the defendant’s attorney, and the State identifying the defendant’s drug treatment needs.

(3) The court shall consider the results of an assessment performed under paragraph (2) of this subsection when imposing the defendant’s sentence and:

(i) except as provided in subparagraph (ii) of this paragraph, the court shall suspend the execution of the sentence and order probation and, if the assessment shows that the defendant is in need of substance abuse treatment, require the Maryland Department of Health or the designee to provide the medically appropriate level of treatment as identified in the assessment; or

(ii) the court may impose a term of imprisonment under subsection (c) of this section and order the Division of Correction or local correctional facility to facilitate the medically appropriate level of treatment for the defendant as identified in the assessment.
Md. Code, Election Law § 5-304 — MD Code / Article gel / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) (1) A certificate of candidacy may be filed:

(i) in person; or

(ii) if authorized by subsection (b) of this section, by certified mail, personal messenger, or other delivery service designated by the filer.

(2) A certificate of candidacy may not be filed by facsimile service or other electronic transmission.

(b) A certificate of candidacy may be filed as permitted under subsection (a)(1)(ii) of this section, if:

(1) the individual filing the certificate is unable to do so in person because of illness, service in the uniformed services, or temporary absence from the State; and

(2) the certificate is accompanied by an affidavit signed by the individual filing the certificate setting forth fully the facts that prevent that individual from filing the certificate in person.

(c) On the certificate of candidacy form prescribed by the State Board, the candidate shall specify:

(1) the office, including, if applicable, the party, district, and circuit to which the candidacy relates;

(2) the year of the election;

(3) the name of the individual filing the certificate;

(4) the address on the statewide voter registration list or the current address of that individual;

(5) a statement that the individual satisfies the requirements of law for candidacy for the office for which the certificate is being filed; and

(6) any information requested by the State Board to verify the accuracy of the information provided by the individual under this subsection.

(d) The certificate of candidacy shall be accompanied by:

(1) a filing fee satisfying the requirements of § 5–401 of this title;

(2) a separate form, unless such a form has previously been filed, establishing a campaign finance entity under Title 13 of this article;

(3) evidence that the individual has filed:

(i) a financial disclosure statement with the State Ethics Commission in accordance with the requirements of Title 5, Subtitle 6 of the General Provisions Article; or

(ii) any other financial disclosure report required by law; and

(4) any additional information required by the State Board.

(e) The appropriate board shall accept the certificate of candidacy if it determines that all requirements are satisfied.
Md. Code, Family Law § 5-3B-15 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-15
§5–3B–15.
Status: in_force

(a) (1) This section does not apply to an adoption of an adult.

(2) Subsection (b) of this section does not apply to an adoption by a spouse of the prospective adoptee’s parent or a relative of the prospective adoptee.

(b) A court shall issue a show–cause order that includes advice as to the parent’s rights to:

(1) have independent counsel; and

(2) receive adoption counseling and guidance.

(c) On issuance of a show–cause order as to a prospective adoptee, a petitioner shall serve the order:

(1) on each of the prospective adoptee’s living parents who has not consented to the adoption; and

(2) if the prospective adoptee is at least 10 years old and has not consented to the adoption, on the prospective adoptee.

(d) Service under this section shall be by:

(1) personal service; or

(2) certified mail, restricted delivery, return receipt requested.

(e) Service under this section shall be attempted at the parent’s last address known to the petitioner.

(f) (1) If a court is satisfied, by affidavit or testimony, that, after reasonable efforts in good faith, a petitioner could not identify a parent or could not effect service on a parent, the court shall order service through notice by publication as to that parent.

(2) Notice under this subsection shall consist of substantially the following statement:

To: (Father’s name) To: (Mother’s name) To: Unknown parent “You are hereby notified that an adoption case has been filed in the circuit court for (county name), case no. (number). All persons who believe themselves to be parents of a (male or female) child born on (date of birth) in (city, state) to (mother’s and father’s names and dates of birth) shall file a written response. A copy of the show–cause order may be obtained from the clerk’s office at (address) and (telephone number). If you do not file a written objection by (deadline), you will have agreed to the permanent loss of your parental rights to this child.”

(3) Service under this subsection shall be by:

(i) publication at least once in one or more newspapers in general circulation in the county where the petition is filed or, if different, where the parent’s last address known to the petitioner is located; and

(ii) posting for at least 30 days on a website of the Department.

(4) The Department may charge a petitioner a reasonable fee to cover the cost of posting.
Md. Code, Economic Development § 5-706 — MD Code / Article gec / Title 5 / Subtitle 7 / Section 5-706
§5–706.
Status: in_force

(a) A political subdivision may request the Secretary to designate all or part of an enterprise zone as a focus area for the lesser of:

(1) 5 years; or

(2) the remainder of the 10-year term of the applicable enterprise zone.

(b) The request may be made on or before a submission date when the political subdivision applies for the designation of a new enterprise zone or after the Secretary has designated an enterprise zone.

(c) The Secretary may grant the request if the area is located in an enterprise zone and meets at least three of the following criteria:

(1) the average unemployment rate in the area, or within a reasonable proximity to the area but in the same county, for the most recent 18-month period for which data are available is at least 150% of the greater of the average rate of unemployment in either the State or the United States during that same period;

(2) the population in the area, or within a reasonable proximity to the area but in the same county, has an incidence of poverty that is at least 150% of the national average;

(3) the crime rate in the area, or within a reasonable proximity to the area but in the same county, is at least 150% of the crime rate in the political subdivision where the area is located;

(4) the percentage of substandard housing in the area, or within a reasonable proximity to the area but in the same county, is at least 200% of the percentage of housing units in the State that are substandard, according to data from the United States Bureau of the Census or other State or federal government data the Secretary considers appropriate; or

(5) at least 20% of the square footage of commercial property in the area, or within a reasonable proximity to the area but within the same county, is vacant, according to data from the United States Bureau of the Census or other State or federal government data the Secretary considers appropriate.
Md. Code, Transportation § 5-804 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

(a) With the endorsement of the Secretary and the Secretary of the Environment and after a public hearing following 60 days’ notice, the Executive Director shall adopt regulations that establish limits for cumulative noise exposure for residential and other land uses on the basis of the noise sensitivity of a given land use.

(b) In adopting limits under this section, the Executive Director shall:

(1) Consider:

(i) The general health and welfare;

(ii) The rights of property owners;

(iii) Accepted scientific and professional standards; and

(iv) The recommendations of the Federal Aviation Administration and Environmental Protection Agency; and

(2) Set the limits at the most restrictive level that, through the application of the best available technology at a reasonable cost and without impairing the safety of flight, is consistent with attaining the environmental noise standards adopted by the Maryland Department of Health.
Md. Code, General Provisions § 5-828 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-828
§5–828.
Status: in_force

If a mandatory injunction is issued against a commissioner under Subtitle 9 of this title, the appropriate bicounty commission shall suspend payment of any salary or other compensation to the commissioner until the commissioner complies fully with the injunction.
Md. Code, Transportation § 5-601 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

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

(b) “Airport” means any airport licensed by the Administration.

(c) “Substantially alter” includes reconstruct, rebuild, replace, or substantially change or repair.
Md. Code, Family Law § 5-323 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-323
§5–323.
Status: in_force

(a) In this section, “drug” means cocaine, heroin, methamphetamine, or a derivative of cocaine, heroin, or methamphetamine.

(b) If, after consideration of factors as required in this section, a juvenile court finds by clear and convincing evidence that a parent is unfit to remain in a parental relationship with the child or that exceptional circumstances exist that would make a continuation of the parental relationship detrimental to the best interests of the child such that terminating the rights of the parent is in a child’s best interests, the juvenile court may grant guardianship of the child without consent otherwise required under this subtitle and over the child’s objection.

(c) A juvenile court need not consider any factor listed in subsection (d) of this section in determining a child’s best interests if, after a thorough investigation by a local department, the juvenile court finds that:

(1) the identities of the child’s parents are unknown; and

(2) during the 60 days immediately after the child’s adjudication as a child in need of assistance, no one has claimed to be the child’s parent.

(d) Except as provided in subsection (c) of this section, in ruling on a petition for guardianship of a child, a juvenile court shall give primary consideration to the health and safety of the child and consideration to all other factors needed to determine whether terminating a parent’s rights is in the child’s best interests, including:

(1) (i) all services offered to the parent before the child’s placement, whether offered by a local department, another agency, or a professional;

(ii) the extent, nature, and timeliness of services offered by a local department to facilitate reunion of the child and parent; and

(iii) the extent to which a local department and parent have fulfilled their obligations under a social services agreement, if any;

(2) the results of the parent’s effort to adjust the parent’s circumstances, condition, or conduct to make it in the child’s best interests for the child to be returned to the parent’s home, including:

(i) the extent to which the parent has maintained regular contact with:

1. the child;

2. the local department to which the child is committed; and

3. if feasible, the child’s caregiver;

(ii) the parent’s contribution to a reasonable part of the child’s care and support, if the parent is financially able to do so;

(iii) the existence of a parental disability that makes the parent consistently unable to care for the child’s immediate and ongoing physical or psychological needs for long periods of time; and

(iv) whether additional services would be likely to bring about a lasting parental adjustment so that the child could be returned to the parent within an ascertainable time not to exceed 18 months from the date of placement unless the juvenile court makes a specific finding that it is in the child’s best interests to extend the time for a specified period;

(3) whether:

(i) the parent has abused or neglected the child or a minor and the seriousness of the abuse or neglect;

(ii) 1. A. on admission to a hospital for the child’s delivery, the mother tested positive for a drug as evidenced by a positive toxicology test; or

B. upon the birth of the child, the child tested positive for a drug as evidenced by a positive toxicology test; and

2. the mother refused the level of drug treatment recommended by a qualified addictions specialist, as defined in § 5–1201 of this title, or by a physician or psychologist, as defined in the Health Occupations Article;

(iii) the parent subjected the child to:

1. chronic abuse;

2. chronic and life–threatening neglect;

3. sexual abuse; or

4. torture;

(iv) the parent has been convicted, in any state or any court of the United States, of:

1. a crime of violence against:

A. a minor offspring of the parent;

B. the child; or

C. another parent of the child; or

2. aiding or abetting, conspiring, or soliciting to commit a crime described in item 1 of this item; and

(v) the parent has involuntarily lost parental rights to a sibling of the child; and

(4) (i) the child’s emotional ties with and feelings toward the child’s parents, the child’s siblings, and others who may affect the child’s best interests significantly;

(ii) the child’s adjustment to:

1. community;

2. home;

3. placement; and

4. school;

(iii) the child’s feelings about severance of the parent–child relationship; and

(iv) the likely impact of terminating parental rights on the child’s well–being.

(e) (1) A juvenile court shall consider the evidence under subsection (d)(3)(i) and (ii) of this section as to a continuing or serious act or condition and may waive a local department’s obligations for services described in subsection (d)(1) of this section if, after appropriate evaluation of efforts made and services offered, the juvenile court finds by clear and convincing evidence that a waiver is in the child’s best interests.

(2) A juvenile court may waive a local department’s obligations for services described in subsection (d)(1) of this section if the juvenile court finds by clear and convincing evidence that one or more of the acts or circumstances listed in subsection (d)(3)(iii), (iv), or (v) of this section exists.

(3) If a juvenile court waives reunification efforts under § 3–812(d) of the Courts Article, the juvenile court may not consider any factor under subsection (d)(1) of this section.

(f) If a juvenile court finds that an act or circumstance listed in subsection (d)(3)(iii), (iv), or (v) of this section exists, the juvenile court shall make a specific finding, based on facts in the record, whether return of the child to a parent’s custody poses an unacceptable risk to the child’s future safety.

(g) If a parent has consented to guardianship in accordance with § 5–320(a)(1)(iii)1 of this subtitle, the loss of parental rights shall be considered voluntary.
Md. Code, Insurance § 5-507 — MD Code / Article gin / Title 5 / Subtitle 5 / Section 5-507
§5–507.
Status: in_force

(a) This section does not apply to:

(1) policy loans made under this subtitle; or

(2) general obligations of the United States, Canada, or a state.

(b) Unless the Commissioner approves, a life insurer may not have at one time any combination of investments in or loans on the security of the obligations, property, or securities of one person in an aggregate amount exceeding 10% of the admitted assets of the life insurer.
Md. Code, Courts and Judicial Proceedings § 5-522 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-522
§5–522.
Status: in_force

(a) Immunity of the State is not waived under § 12–104 of the State Government Article for:

(1) Punitive damages;

(2) Interest before judgment;

(3) A claim that arises from the combatant activities of the State Militia during a state of emergency;

(4) Any tortious act or omission of State personnel that:

(i) Is not within the scope of the public duties of the State personnel; or

(ii) Is made with malice or gross negligence;

(5) A claim by an individual arising from a single incident or occurrence that exceeds the amount specified in § 12–104 of the State Government Article; or

(6) A cause of action that law specifically prohibits.

(b) State personnel, as defined in § 12-101 of the State Government Article, are immune from suit in courts of the State and from liability in tort for a tortious act or omission that is within the scope of the public duties of the State personnel and is made without malice or gross negligence, and for which the State or its units have waived immunity under Title 12, Subtitle 1 of the State Government Article, even if the damages exceed the limits of that waiver.

(c) The scope of public duties of State personnel shall include, but not be limited to:

(1) Any authorized use of a State-owned vehicle by State personnel, including, but not limited to, commuting to and from the place of employment; and

(2) Services to third parties performed by State personnel, as defined by § 12-101 of the State Government Article, in the course of participation in an approved clinical training or academic program.

(d) In a contract action under Title 12, Subtitle 2 of the State Government Article, the State and its officers and units are not liable for punitive damages.
Md. Code, Family Law § 5-541 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-541
§5–541.
Status: in_force

(a) (1) A local board consists of 7 members appointed by the Governor.

(2) If a single multicounty local board is established for 2 or more counties, and if it is necessary that 1 or more of those counties have a greater number of members on the local board in order for the local board to have 7 members, the greater number of members shall be appointed from the counties that have the largest out–of–home care populations, in order of the size of the out–of–home care populations.

(b) (1) Each member of a local board shall be a resident of a county that is served by the local board.

(2) Each member of a local board shall:

(i) be a citizen who has demonstrated an interest in minor children through community service, professional experience, or similar activities; or

(ii) have a background in law, sociology, psychology, psychiatry, education, social work, or medicine.

(c) (1) The term of a member is 4 years.

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

(3) 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.
Md. Code, Corporations and Associations § 5-650 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-650
§5–650.
Status: in_force

(a) Revenues of a cooperative for a fiscal year may be used:

(1) To pay the expenses of operating and maintaining the facilities of the cooperative during the fiscal year;

(2) To pay interest and principal obligations of the cooperative that are due in the fiscal year;

(3) To the extent determined by the board of directors, to finance or provide a reserve for the financing of the construction or acquisition by the cooperative of additional facilities;

(4) To provide a reasonable reserve for working capital;

(5) To provide a reserve for the payment of the indebtedness of the cooperative in an amount not less than the total interest and principal payments that are due during the next fiscal year;

(6) To provide for education about cooperatives; and

(7) To provide for the dissemination of information about the effective use of electricity and services made available by the cooperative.

(b) (1) Unless otherwise determined by a vote of the members of the cooperative, for each fiscal year, the revenues of a cooperative in excess of the amount necessary to provide for the items described in subsection (a) of this section shall be allocated by the cooperative, in the form of patronage credits, to:

(i) Its members; and

(ii) Other persons to whom the cooperative supplies electricity or provides other services.

(2) For each fiscal year, the patronage credits shall be allocated to a member or other person in proportion to the patronage of the member or other person during the fiscal year.

(c) This section does not prohibit the payment by a cooperative of all or part of its indebtedness before it becomes due.
Md. Code, Corporations and Associations § 5-6B-28 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-28
§5–6B–28.
Status: in_force

(a) The governing body shall keep books and records in accordance with good accounting practices.

(b) (1) (i) Subject to subparagraph (ii) of this paragraph, on the request of the members of at least 5 percent of the units, the governing body shall cause an audit of the books and records to be made by an independent certified public accountant.

(ii) An audit may not be made more than once in any consecutive 12–month period.

(2) The cost of the audit shall be a common expense.
Md. Code, Corporations and Associations § 5-6B-26 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-26
§5–6B–26.
Status: in_force

(a) (1) (i) Except as provided in paragraph (2) of this subsection, all books and records kept by or on behalf of a cooperative housing corporation shall be made available for examination or copying, or both, by a member, a member’s mortgagee, or their respective duly authorized agents or attorneys, during normal business hours, and after reasonable notice.

(ii) If a member requests in writing a copy of financial statements of the cooperative housing corporation or the minutes of a meeting of the board of directors or other governing body of the cooperative housing corporation to be delivered, the board of directors or other governing body of the cooperative housing corporation shall compile and send the requested information by mail, electronic transmission, or personal delivery:

1. Within 21 days after receipt of the written request, if the financial statements or minutes were prepared within the 3 years immediately preceding receipt of the request; or

2. Within 45 days after receipt of the written request, if the financial statements or minutes were prepared more than 3 years before receipt of the request.

(2) Books and records kept by or on behalf of a cooperative housing corporation may be withheld from public inspection, except for inspection by the person who is the subject of the record or the person’s designee or guardian, to the extent that they concern:

(i) Personnel records, not including information on individual salaries, wages, bonuses, and other compensation paid to employees;

(ii) An individual’s medical records;

(iii) An individual’s personal financial records, including assets, income, liabilities, net worth, bank balances, financial history or activities, and creditworthiness;

(iv) Records relating to business transactions that are currently in negotiation;

(v) The written advice of legal counsel; or

(vi) Minutes of a closed meeting of the board of directors or other governing body of the cooperative housing corporation, unless a majority of a quorum of the board of directors or governing body that held the meeting approves unsealing the minutes or a recording of the minutes for public inspection.

(b) (1) Except for a reasonable charge imposed on a person desiring to review or copy the books and records or who requests delivery of information, the cooperative housing corporation may not impose any charges under this section.

(2) A charge imposed under paragraph (1) of this subsection for copying books and records may not exceed the limits authorized under Title 7, Subtitle 2 of the Courts Article.
Md. Code, Education § 5-215 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-215
§5–215.
Status: in_force

(a) Subject to subsection (b) of this section, for each of fiscal years 2022 through 2029, the State shall distribute to each county board the following Blueprint Transition Grant amounts:

(1) Allegany County………………………………………………. $10,348

(2) Baltimore City……………………………………………. $18,669,201

(3) Baltimore County………………………………………….. $2,953,950

(4) Caroline County……………………………………………… $966,820

(5) Cecil County……………………………………………………. $49,060

(6) Dorchester County………………………………………… $1,321,515

(7) Garrett County…………………………………………….. $1,201,160

(8) Howard County………………………………………………... $41,743

(9) Kent County………………………………………………... $1,005,090

(10) Montgomery County………………………………………. $7,712,745

(11) Prince George’s County………………………………… $20,505,652; and

(12) St. Mary’s County………………………………………… $3,251,181.

(b) For fiscal years 2025 through 2030, the State shall distribute the following proportion of the Blueprint Transition Grant amount under subsection (a) of this section to each county board:

(1) For fiscal year 2025, 85%;

(2) For fiscal year 2026, 65%;

(3) For fiscal year 2027, 50%;

(4) For fiscal year 2028, 35%;

(5) For fiscal year 2029, 20%; and

(6) For fiscal year 2030 and each fiscal year thereafter, 0%.
Md. Code, Labor and Employment § 5-325 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-325
§5–325.
Status: in_force

(a) (1) The Commissioner shall pass an order that grants an employer a temporary variance if:

(i) the employer submits an application in accordance with §§ 5-319 and 5-320 of this subtitle;

(ii) the employer gives notice to employees in accordance with § 5-321(a) of this subtitle;

(iii) the Commissioner holds any hearing required under § 5-322(a) of this subtitle; and

(iv) the Commissioner determines that the employer has met the requirements of § 5-323(a) of this subtitle.

(2) The Commissioner shall pass an order that grants an employer a permanent variance if:

(i) the employer submits an appropriate application;

(ii) the employer gives notice to employees in accordance with § 5-321(b) of this subtitle;

(iii) the Commissioner holds a hearing and conducts an appropriate inspection under § 5-322(b) of this subtitle; and

(iv) the Commissioner determines that the employer has met the requirements of § 5-323(b) of this subtitle.

(b) (1) Each order for a temporary or permanent variance shall specify the conditions the employer must maintain and the means, methods, practices, procedures, and operations to the extent that they differ from those required under the regulation or part of a regulation from which the variance is granted.

(2) Each order for a temporary variance shall state, in detail, the program that the employer is to follow to come into compliance with the regulation or part from which the temporary variance is granted.
Md. Code, Financial Institutions § 5-201 — MD Code / Article gfi / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) An examiner shall visit each banking institution and examine its business:

(1) At least once during each calendar year, unless the Commissioner determines that, during a calendar year, an examination is unnecessary, in which event an examination shall occur no less frequently than once every 18 months;

(2) When asked to do so by the board of directors of the institution; or

(3) At any other time that the Commissioner considers necessary.

(b) The examiner shall determine:

(1) The condition of the institution; and

(2) Whether it is complying with the law.

(c) During an examination, the examiner, in the presence of an officer of the banking institution, shall have access to all of the vaults and records of the institution.
Md. Code, Education § 5-242 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-242
§5–242.
Status: in_force

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

(2) “Initiative” means the Maryland Early Literacy Initiative.

(3) “Interventionist” means a trained professional whose primary responsibility is to deliver evidence–based early literacy intervention.

(4) “Literacy program” means a literacy program implemented by an interventionist.

(5) “Nonprofit organization” means a nonprofit organization that:

(i) Is based in the State;

(ii) Is incorporated or registered under the laws of the State;

(iii) Is exempt from federal income tax under § 501(c)(3), (4), or (6) of the Internal Revenue Code;

(iv) Is current in the payment of all tax obligations to the State or any unit or subdivision of the State; and

(v) 1. Has been in active business for 3 years or more at the time of the application submitted under this section; or

2. Has a fiscal sponsor who can meet the requirements of this section.

(6) “Participating student” means a student:

(i) In prekindergarten through eighth grade; or

(ii) Who performs below a certain score, as determined by the Department, on the assessment the Department uses to assess reading level.

(7) “Qualifying school” means a public school categorized by the local school system as a Title I school.

(b) (1) There is a Maryland Early Literacy Initiative in the Department.

(2) The purpose of the Initiative is to assist up to 50 qualifying schools to implement an evidence–based literacy program in the school to work with participating students to meet literacy proficiency targets by the end of eighth grade or other literacy targets as determined by the Department.

(3) The Initiative shall be established in at least three counties.

(4) The Initiative shall be developed and administered by the Department.

(c) (1) (i) For the 2018–2019 school year through the 2021–2022 school year, a qualifying school may apply to the Department to receive a grant for the qualifying school to develop a literacy program that is in furtherance of the purpose of the Initiative.

(ii) A qualifying school may apply for a grant only if the county superintendent endorses the school’s grant application.

(iii) A qualifying school may coordinate and partner with other qualifying schools in the county to jointly apply for a grant to develop a literacy program among the partnering qualifying schools.

(iv) A county board may apply on behalf of one or more qualifying schools in the county.

(2) An application shall:

(i) Identify whether the qualifying school will work in collaboration with a nonprofit organization or the county board to implement the literacy program;

(ii) Provide the name and qualifications of the nonprofit organization, if the qualifying school will work in collaboration with a nonprofit organization;

(iii) Include a description of:

1. The literacy program to be implemented at the qualifying school;

2. The training that will be provided to the interventionist to provide the services under this section; and

3. How the literacy program will meet the requirements under subsection (d) of this section; and

(iv) Include any other information required by the Department.

(3) If the number of applications exceeds the number of available grants, the Department shall give priority in awarding grants to a qualifying school serving a high concentration of students living in poverty in prekindergarten through third grade.

(d) A literacy program developed under the Initiative shall:

(1) Provide early literacy intervention services for participating students;

(2) Require participating students to receive direct services at least twice a week;

(3) Have clear literacy targets at each grade level for participating students;

(4) Have benchmark assessments multiple times a year to identify students who need one–on–one interventions; and

(5) Collect data on student progress at least monthly.

(e) The literacy program developed at a qualifying school under the Initiative shall be implemented by staff hired and supervised by the collaborating nonprofit organization or the county board.

(f) (1) (i) For fiscal years 2019 through 2022, the Governor shall include in the annual budget bill an appropriation of $2,500,000 to the Department for the Initiative.

(ii) The Department may retain up to 3% of the appropriation required to be included in the annual budget bill under subparagraph (i) of this paragraph to hire staff necessary to administer the Initiative.

(2) (i) The Department shall distribute up to 50 grants for a 2–year period.

(ii) In awarding grants under the Initiative, the Department shall make every effort to ensure that qualifying schools use literacy programs that utilize various evidence–based approaches and methodologies for:

1. Comparison purposes; and

2. The collection of multiple data points for long–term review.

(3) A grant made to each qualifying school may not exceed $75,000 each year.

(4) A grant made under this section shall be renewed by the Department after a 2–year period if the qualifying school presents evidence that the qualifying school is:

(i) In compliance with this section; and

(ii) Meeting identified targets and benchmarks.

(5) Each qualifying school may apply for and accept donations, grants, or other financial assistance from a governmental entity, a nonprofit organization, or any other private organization to benefit the literacy program.

(g) On or before July 1, 2018, the Department shall adopt regulations necessary to carry out the provisions of this section.

(h) On or before December 1, 2022, the Department shall submit an evidence–based report summarizing the status of efforts under the Initiative, including recommendations to increase the success of the Initiative, to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Committee on Ways and Means.
Md. Code, Economic Development § 5-709 — MD Code / Article gec / Title 5 / Subtitle 7 / Section 5-709
§5–709.
Status: in_force

(a) In accordance with § 2.5–109 of this article, the Department shall submit a report on the effectiveness of the tax credits provided under § 5–707(b) of this subtitle.

(b) (1) On or before September 15 each year, the State Department of Assessments and Taxation shall submit to the Department a report that includes the following information for the immediately preceding taxable year:

(i) the number of properties claiming a property tax credit under § 9–103 of the Tax – Property Article calculated in accordance with § 9–103(d)(1) of the Tax – Property Article;

(ii) the number of properties claiming a property tax credit under § 9–103 of the Tax – Property Article calculated in accordance with § 9–103(d)(4) of the Tax – Property Article;

(iii) the number of properties newly certified as qualified properties eligible for the property tax credit under § 9–103 of the Tax – Property Article; and

(iv) for each taxpayer claiming or receiving a property tax credit under § 9–103 of the Tax – Property article:

1. the name of the taxpayer;

2. the location of the qualified property for which the credit was claimed; and

3. the amount of tax savings received by each qualified property.

(2) On or before September 15 each year, the Comptroller shall submit to the Department a report that includes the following information for the immediately preceding taxable year:

(i) the name and address of each business entity that claimed an income tax credit under § 10–702 of the Tax – General Article;

(ii) the business activity code or North American Industry Classification System (NAICS) code of the business entity;

(iii) the number of qualified employees and focus area employees employed by the business entity;

(iv) the number of economically disadvantaged individuals employed by the business entity and the number of years for which those economically disadvantaged individuals have been employed by the business entity; and

(v) the total amount of the income tax credit claimed by the business entity.

(c) (1) (i) On or before September 15 each year, each county within which an enterprise zone is located shall submit to the Department a detailed report on each enterprise zone in the county to assist the Department in the assessment required under subsection (a) of this section.

(ii) The county shall include in the report required under subparagraph (i) of this paragraph the following information for the immediately preceding fiscal year:

1. the number of properties newly certified as qualified properties;

2. notable examples of redevelopment or new businesses relocating or expanding in the enterprise zone due to the tax credits provided under this subtitle; and

3. a description of future economic development projects that might claim a tax credit provided under this subtitle, including with respect to each project:

A. whether the project is located within a focus area;

B. whether the project may qualify for a credit under this subtitle against the tax imposed on real property, personal property, or income; and

C. anticipated capital or personal property expenditures for the project.

(2) (i) If a county fails to provide the report required under paragraph (1) of this subsection, the Department shall notify the county that the report is due.

(ii) If, after the Department has provided a county the notice described under subparagraph (i) of this paragraph, the county fails to promptly provide the overdue report, the Secretary may not designate a new enterprise zone in the county or grant the expansion of an existing enterprise zone in the county until the report is received by the Department.

(d) The Department shall develop formal metrics and a framework for analyzing:

(1) the cost–effectiveness of each enterprise zone; and

(2) the effectiveness of each enterprise zone in attracting businesses and increasing employment.
Md. Code, Health - General § 5-617 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-617
§5–617.
Status: in_force

An advance directive, an emergency medical services “do not resuscitate order”, or an order regarding life–sustaining treatment executed in another state shall be deemed to be validly executed for the purposes of this subtitle if executed in compliance with the laws of Maryland or the laws of the state where executed. Advance directives, emergency medical services “do not resuscitate orders”, or an order regarding life–sustaining treatment executed in another state shall be construed to give effect to the patient’s wishes to the extent permitted by the laws of Maryland.
Md. Code, Health Occupations § 5-204 — MD Code / Article gho / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) A majority of the members then serving on the Board is a quorum.

(b) The Board shall determine the times and places of its meetings.

(c) A member of the Board:

(1) Is entitled to compensation in accordance with the budget of the Board; and

(2) Is entitled to reimbursement for expenses at a rate determined by the Board.

(d) The Board may employ a staff in accordance with the budget of the Board.
Md. Code, Family Law § 5-557 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-557
§5–557.
Status: in_force

The following governmental units or persons shall have the immunity from civil or criminal liability described under § 5–619 of the Courts Article in connection with a criminal history records check under this Part V of this subtitle:

(1) an employer; and

(2) a State or local agency, including a local department.
Md. Code, Corporations and Associations § 5-205 — MD Code / Article gca / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) A nonstock corporation is not required to dissolve merely because the death or resignation of a member reduces the actual number of members to less than required by its charter or bylaws.

(b) As long as there is a remaining member, he may fill vacancies and continue the corporate existence.
Md. Code, Corporations and Associations § 5-5A-29 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-29
§5–5A–29.
Status: in_force

The Maryland General Corporation Laws are applicable to cooperatives, except to the extent that the Maryland General Corporation Law expressly exempts cooperatives or is contrary to or inconsistent with this subtitle.
Md. Code, State Finance and Procurement § 5-7B-10 — MD Code / Article gsf / Title 5 / Subtitle 7B / Section 5-7B-10
§5–7B–10.
Status: in_force

(a) This section may not be construed to create a private cause of action for any person or local government.

(b) A decision to fund a project or not to fund a project as required under this subtitle shall not be subject to Title 10, Subtitle 2 (Administrative Procedure Act - Contested Cases) of the State Government Article.

(c) This subtitle may not be construed to prevent an agency from providing technical assistance in an area that is not a priority funding area.
Md. Code, Natural Resources § 5-9A-09 — MD Code / Article gnr / Title 5 / Subtitle 9A / Section 5-9A-09
§5–9A–09.
Status: in_force

The Governor shall include in the annual capital budget an amount not less than $5 million for this Program.
Md. Code, Family Law § 5-4C-01 — MD Code / Article gfl / Title 5 / Subtitle 4C / Section 5-4C-01
§5–4C–01.
Status: reserved

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

(b) “Administration” means the Social Services Administration of the Department.

(c) “Adoptee” means an individual:

(1) who was adopted in this State; or

(2) who was placed for adoption by:

(i) a child placement agency licensed in this State; or

(ii) a local department.

(d) “Director” means the Director of the Administration.

(e) “Identifying information” means information that reveals the identity or location of an adoptee, the natural parents of an adoptee, or a natural sibling.

(f) Repealed.

(g) “Natural father” means a man who:

(1) was married to the adoptee’s natural mother at the time of conception;

(2) was married to the adoptee’s natural mother at the time of the adoptee’s birth;

(3) was named as the father on the adoptee’s pre-adoption birth certificate, unless the man has signed a denial of paternity or his nonpaternity has been determined by a court;

(4) was identified by the natural mother as the father of the adoptee, unless the man has signed a denial of paternity or his nonpaternity has been determined by a court;

(5) has been adjudicated to be the father of the adoptee; or

(6) has acknowledged himself orally or in writing to be the father of the adoptee.

(h) “Natural sibling” means an individual who is at least 21 years old and shares 1 or both natural parents with an adoptee.

(i) “Registry” means the Mutual Consent Voluntary Adoption Registry.
Md. Code, Agriculture § 5-208.1 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-208.1
§5–208.
Status: in_force

§5–208.1.

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

(2) “Contact person” means an individual knowledgeable about integrated pest management and designated by a county board to act under subsection (e) of this section.

(3) “County board” has the meaning stated in § 1–101 of the Education Article.

(4) “Crack and crevice treatment” means the application of small amounts of a pesticide in a building into openings such as those commonly found at expansion joints, between levels of construction, and between equipment and floors.

(5) “Emergency” means a sudden need to mitigate or eliminate a pest which threatens the health or safety of a student or staff member.

(6) “Integrated pest management” means a managed pest control program in which methods are integrated and used to keep pests from causing economic, health related, or aesthetic injury through the utilization of site or pest inspections, pest population monitoring, evaluating the need for control, and the use of one or more pest control methods including sanitation, structural repair, nonchemical methods, and, when nontoxic options are unreasonable or have been exhausted, pesticides in order to:

(i) Minimize the use of pesticides; and

(ii) Minimize the risk to human health and the environment associated with pesticide applications.

(7) “Pesticide” does not include:

(i) An antimicrobial agent, such as a disinfectant, sanitizer, or deodorizer, used for cleaning purposes; or

(ii) Any bait station.

(8) “School” means a public school in the public elementary and secondary system of the State.

(9) (i) “Space spraying” means application of a pesticide by discharge into the air throughout an area.

(ii) “Space spraying” does not include crack and crevice treatment.

(10) (i) “Staff member” means an employee of a school system.

(ii) “Staff member” includes administrators, teachers, and other support personnel.

(iii) “Staff member” does not include:

1. A registered employee or applicator certified by the Department; or

2. A person assisting in the application of a pesticide.

(11) “Universal notification” means written notice by a school to all parents, guardians, and staff members.

(b) This section applies to pesticide application in a school building or on school grounds.

(c) (1) The Department shall develop uniform standards and criteria for implementing integrated pest management systems in schools.

(2) The Department shall develop uniform standards and criteria for implementing integrated pest management for school grounds by March 15, 2001.

(d) (1) A county board shall develop and implement in its schools an integrated pest management system approved by the Secretary.

(2) On or before the beginning of the 2001 school year, a county board shall develop and implement an integrated pest management system for school grounds approved by the Secretary.

(e) (1) A county board shall designate a contact person.

(2) The contact person shall:

(i) Act as a contact for inquiries about the integrated pest management system; and

(ii) Maintain material safety data sheets and labels for all pesticides which may be used in the school district of the county board.

(f) (1) At the beginning of each school year, a school shall include notice of the school’s integrated pest management system in the school calendar or other universal notification.

(2) The notice shall include:

(i) A statement that explains the school’s integrated pest management system and lists any pesticide or bait station that may be used in a school building or on school grounds as part of the integrated pest management system;

(ii) The name, address, and telephone number of the contact person;

(iii) A statement that the contact person maintains the product label or material safety data sheet of each pesticide or bait station that may be used by the school in buildings and on school grounds, that the label or data sheet is available for review by a parent, guardian, staff member, or student attending the school, and that the contact person is available to parents, guardians, and staff members for information and comment; and

(iv) Instructions for including a parent, guardian, or staff member on a pesticide notification list under subsection (g) of this section.

(g) (1) At the start of each school year, a school shall develop a pesticide notification list containing each staff member, and parent or guardian of a student attending the school, who requests in writing prior notification of a pesticide application made in the school building or on school grounds during the school year.

(2) The school shall keep the pesticide notification list current and shall add additional names on written request by a staff member, or by the parent or guardian of a student attending the school.

(3) The school shall make the pesticide notification list available to the Department on request.

(h) After the start of each school year, a school shall provide the written information required under subsection (f)(2) of this section to a newly employed staff member or the parent or guardian of a student newly enrolled during the school year.

(i) (1) Except as provided in paragraph (3) of this subsection, at least 24 hours before a pesticide is applied in a school building or on school grounds, the school shall provide to each parent, guardian, and staff member on the pesticide notification list the:

(i) Common name of the pesticide;

(ii) Location of the application;

(iii) Planned date and time of application; and

(iv) United States Environmental Protection Agency warning that pregnant women should reduce or eliminate exposure to all pesticides.

(2) The school may provide prior notification, required under paragraph (1) of this subsection, by:

(i) Written notice sent home with the student or provided to the staff member;

(ii) Telephone call;

(iii) Direct contact; or

(iv) Written notice mailed at least 3 days prior to the application.

(3) In the case of a pesticide application at an elementary school, at least 24 hours before the pesticide is applied in a school building or on school grounds, the school shall provide to each parent or guardian, and staff member:

(i) The common name of the pesticide;

(ii) The location of the application;

(iii) The planned date and time of application;

(iv) The following language:

“The office of pesticide programs of the United States Environmental Protection Agency has stated:

‘Where possible, persons who potentially are more sensitive, such as pregnant women and infants (less than two years old), should avoid any unnecessary pesticide exposure.’”; and

(v) A brief description of potential adverse effects based upon the material safety data sheet of the pesticides to be applied.

(4) Each school system shall develop an appropriate means of in–school notification to students and staff members before a pesticide is applied in a school building or on school grounds of a middle school or high school.

(5) (i) For application on school grounds, the notice of planned date and time of application required under this subsection may specify that weather conditions or other extenuating circumstances may cause the actual date of application to be postponed to a later date or dates.

(ii) If the actual date of application is more than 14 days later than the planned date provided in the notice, notice of the application required under this subsection shall be reissued.

(j) (1) Subject to subsection (k) of this section, a school that intends to use space spraying in a school building shall provide written notice at least 1 week beforehand by universal notification.

(2) The notice shall be on a separate paper sheet at least 8 1/2 inches by 11 inches in size and shall contain:

(i) A common name of the pesticide to be used;

(ii) A location of the space spraying;

(iii) A planned date and time of space spraying;

(iv) The following language:

“The office of pesticide programs of the United States Environmental Protection Agency has stated:

‘Where possible, persons who potentially are more sensitive, such as pregnant women and infants (less than two years old), should avoid any unnecessary pesticide exposure.’”;

(v) If the pesticide is not addressed in the notice sent at the beginning of the school year, a brief description of the pesticide to be applied;

(vi) A brief description of potential adverse effects based upon the material safety data sheet of the pesticides to be applied; and

(vii) The name and telephone number of the county designated contact person.

(k) (1) A pesticide may be applied in a school building or on school grounds without prior notification only if an emergency pest situation exists.

(2) Except as provided in paragraph (5) of this subsection, within 24 hours after an emergency pesticide application in a school building or on school grounds, or on the next school day, the school shall notify each parent, guardian, and staff member on the pesticide notification list that a pesticide was applied for emergency pest control.

(3) The notification required under paragraph (2) of this subsection shall include the:

(i) Common name of the pesticide applied;

(ii) Approximate location of the application;

(iii) Date of application; and

(iv) Reason for the emergency application.

(4) Notification under this subsection may be made by:

(i) Telephone call;

(ii) Direct contact; or

(iii) Written notice sent home with the student or provided to the staff member.

(5) In the case of an emergency pesticide application at an elementary school, within 24 hours after an emergency pesticide application in a school building or on school grounds, or on the next school day, the school shall provide to each parent, guardian, and staff member:

(i) The common name of the pesticide;

(ii) The location of the application;

(iii) The date and time of application;

(iv) The following language:

“The office of pesticide programs of the United States Environmental Protection Agency has stated:

‘Where possible, persons who potentially are more sensitive, such as pregnant women and infants (less than two years old), should avoid any unnecessary pesticide exposure.’”; and

(v) A brief description of potential adverse effects based upon the material safety data sheet of the pesticides applied.

(l) Each school system shall develop appropriate means of in–school notification before a bait station is used in a school building. The means may include a sign posted on the door of the room in which the bait station is placed.
Md. Code, Business Occupations and Professions § 5-502 — MD Code / Article gbo / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

(a) To qualify for a beauty salon permit, an applicant shall meet the requirements of this section.

(b) (1) An applicant shall own or lease the facility in which the beauty salon for which the application is made is located.

(2) To qualify for a beauty salon permit for a mobile beauty salon, the applicant shall:

(i) hold a beauty salon permit to operate a beauty salon that is not a mobile beauty salon; and

(ii) own or lease the motor vehicle or trailer in which the mobile beauty salon for which the application is made is located.

(c) As a condition of the issuance of a beauty salon permit, the beauty salon for which the application is made shall pass the inspection conducted under § 5–520 of this subtitle.

(d) The applicant shall meet any other requirements that the Board sets, by regulation, for applicants for beauty salon permits.
Md. Code, Financial Institutions § 5-703 — MD Code / Article gfi / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

(a) Except as provided in subsection (b) of this section, a banking institution shall be open for business on each day during the year except for the days on which the banking institution is required or authorized by this subtitle to be closed.

(b) The Commissioner may approve the operation of a branch that is open for business fewer days than described in subsection (a) of this section if the Commissioner determines that:

(1) The branch will serve a customer base or community that has unique banking needs;

(2) At least 1 other branch of the banking institution is open for business as described in subsection (a) of this section; and

(3) The operation of the branch will not be detrimental to the public interest or to banking institutions.
Md. Code, Family Law § 5-1020 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1020
§5–1020.
Status: in_force

(a) This section applies only to jurisdictions in which the Administration is represented by a State’s Attorney.

(b) Before the State’s Attorney conducts a pretrial inquiry under this subtitle, the State’s Attorney shall notify the parties in writing of:

(1) the time and place of the inquiry;

(2) the alleged father’s right to appear at the inquiry and to produce evidence or information that relates to the inquiry; and

(3) the alleged father’s right to testify in his own behalf before the State’s Attorney, if the alleged father:

(i) notifies the State’s Attorney of the alleged father’s desire to testify; and

(ii) signs a waiver that permits his testimony to be used against him in the paternity proceeding.
Md. Code, Courts and Judicial Proceedings § 5-425 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-425
§5–425.
Status: in_force

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

(2) “Building inspection official” means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate building inspection in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

(3) “Fire official” means any appointed or elected local official with overall executive responsibility to coordinate fire, rescue, or emergency medical services in the jurisdiction in which a fire, emergency, disaster, or catastrophic event has occurred.

(4) “Law enforcement official” means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate law enforcement in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

(5) “Public official” means any federal, State, or locally elected official with overall executive responsibility in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

(6) “Public safety official” means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate public safety in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

(b) A professional engineer is not personally liable in damages beyond the limits of any applicable insurance or self-insurance for any personal injury, wrongful death, property damage, or other loss caused by an act, error, or omission of the professional engineer while practicing engineering with regard to any structure, building, piping, or other engineered system, either publicly or privately owned, if:

(1) The act, error, or omission was not wanton, willful, intentionally tortious, or grossly negligent; and

(2) The practice of engineering was performed:

(i) Voluntarily and without compensation;

(ii) At the scene of a declared national, State, or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, collapse, or similar disaster or catastrophic event; and

(iii) At the request of a public official, law enforcement official, public safety official, fire official, or building inspection official, acting in an official capacity.

(c) The immunity provided by this section applies only to the voluntary practice of engineering performed while a declared state of emergency is in effect.

(d) (1) This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a professional engineer.

(2) This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provisions of the Code or available at common law, to which a professional engineer may be entitled.
Md. Code, Family Law § 5-340 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-340
§5–340.
Status: in_force

If a petition for adoption under this Part III of this subtitle is contested, a juvenile court shall dismiss the petition.
Md. Code, Natural Resources § 5-1101 — MD Code / Article gnr / Title 5 / Subtitle 11 / Section 5-1101
§5–1101.
Status: in_force

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

(b) (1) “Charge” means price or fee asked for services, entertainment, recreation performed, or products offered for sale on land or in return for invitation or permission to enter or go upon land.

(2) “Charge” does not include:

(i) The sharing of game, fish, or other products of recreational use;

(ii) Benefits to the land arising from the recreational use; or

(iii) Contributions in kind or services to promote the management or conservation of resources on the land.

(c) “Educational purpose” includes:

(1) Nature study;

(2) Farm visitations for purposes of learning about the farming operation;

(3) Practice judging of livestock, dairy cattle, poultry, other animals, agronomy crops, horticultural crops, or other farm products;

(4) Organized visits to farms by school children, 4–H clubs, FFA clubs, and others as part of their educational programs;

(5) Organized visits for purposes of participating in or observing historical reenactments as part of an educational or cultural program; and

(6) Observation of historical, archaeological, or scientific sites.

(d) (1) “Land” means land, roads, paths, trails, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty.

(2) “Land” does not include any structure or equipment provided by a unit of local government for the purpose of public recreation.

(e) “Off–highway vehicle” or “OHV” means a motor–assisted or motor–driven vehicle that is:

(1) Designed for or capable of cross–country travel on or directly over land, snow, or other natural terrain; and

(2) Not intended for use on public roads.

(f) “Owner” means the owner of any estate or other interest in real property, whether possessory or nonpossessory, including the grantee of an easement.

(g) “Recreational purpose” means any recreational pursuit.
Md. Code, Courts and Judicial Proceedings § 5-609 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

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

(2) “Administrator” means an administrator of a facility as defined in § 10–101 of the Health – General Article.

(3) “Mental health care provider” means:

(i) A mental health care provider licensed under the Health Occupations Article; and

(ii) Any facility, corporation, partnership, association, or other entity that provides treatment or services to individuals who have mental disorders.

(b) A cause of action or disciplinary action may not arise against any mental health care provider or administrator for failing to predict, warn of, or take precautions to provide protection from a patient’s violent behavior unless the mental health care provider or administrator knew of the patient’s propensity for violence and the patient indicated to the mental health care provider or administrator, by speech, conduct, or writing, of the patient’s intention to inflict imminent physical injury upon a specified victim or group of victims.

(c) (1) The duty to take the actions under paragraph (2) of this subsection arises only under the limited circumstances described under subsection (b) of this section.

(2) The duty described under this section is deemed to have been discharged if the mental health care provider or administrator makes reasonable and timely efforts to:

(i) Seek civil commitment of the patient;

(ii) Formulate a diagnostic impression and establish and undertake a documented treatment plan calculated to eliminate the possibility that the patient will carry out the threat; or

(iii) Inform the appropriate law enforcement agency and, if feasible, the specified victim or victims of:

1. The nature of the threat;

2. The identity of the patient making the threat; and

3. The identity of the specified victim or victims.

(d) No cause of action or disciplinary action may arise under any patient confidentiality act against a mental health care provider or administrator for confidences disclosed or not disclosed in good faith to third parties in an effort to discharge a duty arising under this section according to the provisions of subsection (c) of this section.