Md. Code, Family Law § 5-1042 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1042
§5–1042.
Status: in_force

(a) In a paternity proceeding, the court may order that either or both of the parents of the child give bond in the form and penalty the court directs, with or without securities.

(b) The bond to be given by a parent shall be conditioned on:

(1) the performance of all provisions of the order and any subsequent modification to the order;

(2) the parent not leaving this State without the court’s permission; and

(3) the parent not changing address within this State without giving proper notice to a support enforcement officer or other person the court designates.
Md. Code, Criminal Law § 5-612.1 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-612.1
§5–612.
Status: in_force

§5–612.1.

(a) Notwithstanding any other provision of law and subject to subsection (c) of this section, a person who is serving a term of confinement that includes a mandatory minimum sentence imposed on or before September 30, 2017, for a violation of § 5–612 or § 5–613 of this subtitle involving less than 448 grams of cocaine base may apply to the court to modify or reduce the mandatory minimum sentence as provided in Maryland Rule 4–345, regardless of whether the defendant filed a timely motion for reconsideration or a motion for reconsideration was denied by the court.

(b) The court may modify the sentence and depart from the mandatory minimum sentence unless the State shows that, giving due regard to the nature of the crime, the history and character of the defendant, and the defendant’s chances of successful rehabilitation:

(1) retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and

(2) the mandatory minimum sentence is necessary for the protection of the public.

(c) (1) Except as provided in paragraph (2) of this subsection, an application under subsection (a) of this section shall be filed with the court or review panel on or before September 30, 2026.

(2) The court may consider an application filed after September 30, 2026, only for good cause shown.

(3) The court shall notify the State’s Attorney of the filing of an application.

(4) A person may not file more than one application under subsection (a) of this section for a mandatory minimum sentence for a violation of § 5–612 of this subtitle involving less than 448 grams of cocaine base.

(5) The court shall hold a hearing on an application filed under subsection (a) of this section.
Md. Code, Natural Resources § 5-1602 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1602
§5–1602.
Status: in_force

§5–1602. IN EFFECT

(a) Except as provided in subsection (b) of this section, this subtitle shall apply to any public or private subdivision plan or application for a grading or sediment control permit by any person, including a unit of State or local government on areas 40,000 square feet or greater.

(b) The provisions of this subtitle do not apply to:

(1) Any construction activity that is subject to § 5–103 of this title;

(2) Any cutting or clearing of forest in areas governed by the Chesapeake Bay Critical Area Protection Law (Title 8, Subtitle 18 of this article);

(3) Commercial logging and timber harvesting operations, including any harvesting conducted under the forest conservation and management program under § 8–211 of the Tax – Property Article:

(i) That were completed before July 1, 1991; or

(ii) That were completed on or after July 1, 1991, on property that is not the subject of an application for a grading permit for development within 5 years after the logging or harvesting operation. However, after this 5–year period, the property shall be subject to this subtitle;

(4) Any agricultural activity that does not result in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices;

(5) The cutting or clearing of public utility rights–of–way or land for electric generating stations licensed pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of the Public Utilities Article, provided that:

(i) Any required certificates of public convenience and necessity have been issued in accordance with § 5–1603(f) of this subtitle; and

(ii) The cutting or clearing of the forest is conducted so as to minimize the loss of forest;

(6) Any routine maintenance of public utility rights–of–way;

(7) Any activity conducted on a single lot of any size or a linear project provided that:

(i) The activity does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest; and

(ii) The activity on the lot or linear project will not result in the cutting, clearing, or grading of any forest that is subject to the requirements of a previous forest conservation plan prepared under this subtitle;

(8) Any strip or deep mining of coal regulated under Title 15, Subtitle 5 or Subtitle 6 of the Environment Article and any noncoal surface mining regulated under Title 15, Subtitle 8 of the Environment Article;

(9) Any activity required for the purpose of constructing a dwelling house intended for the use of the owner, or a child of the owner, if the activity does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest;

(10) A county that has and maintains 200,000 acres or more of its land area in forest cover;

(11) The cutting or clearing of trees to comply with the requirements of:

(i) 14 C.F.R. § 77.25 relating to objects affecting navigable airspace, provided that the Federal Aviation Administration has determined that the trees are a hazard to aviation; or

(ii) Subject to subsection (c) of this section, § 5–703 of the Transportation Article relating to obstructions to air navigation, provided that, if a dispute arises regarding the cutting or clearing of trees, the Maryland Aviation Administration makes the final determination whether the trees should be cut or cleared;

(12) Any stream restoration project for which the applicant for a grading or sediment control permit has executed a binding maintenance agreement of at least 5 years with the affected property owner; and

(13) Maintenance or retrofitting of a stormwater management structure that may include clearing of vegetation or removal and trimming of trees, so long as the maintenance or retrofitting is within the original limits of disturbance for construction of the existing structure, or within any maintenance easement for access to the structure.

(c) An exemption under subsection (b)(11)(ii) of this section does not apply to the cutting or clearing of trees to facilitate the expansion or extension of the boundaries of any airport or runway.

(d) For an application for subdivision or sediment and erosion control or grading for a site with more than 50% of the net tract area governed by Title 8, Subtitle 18 of this article, the Department or local authority may allow an applicant to extend critical area forest protection measures instead of meeting the requirements of this subtitle.

§5–1602. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 **

(a) Except as provided in subsection (b) of this section, this subtitle shall apply to any public or private subdivision plan or application for a grading or sediment control permit by any person, including a unit of State or local government on areas 40,000 square feet or greater.

(b) The provisions of this subtitle do not apply to:

(1) Any construction activity that is subject to § 5–103 of this title;

(2) Any cutting or clearing of forest in areas governed by the Chesapeake Bay Critical Area Protection Law (Title 8, Subtitle 18 of this article);

(3) Commercial logging and timber harvesting operations, including any harvesting conducted under the forest conservation and management program under § 8–211 of the Tax – Property Article:

(i) That were completed before July 1, 1991; or

(ii) That were completed on or after July 1, 1991, on property that is not the subject of an application for a grading permit for development within 5 years after the logging or harvesting operation. However, after this 5–year period, the property shall be subject to this subtitle;

(4) Any agricultural activity that does not result in a change in land use category, including the operation of orchards and tree farms and the construction and use of agricultural support buildings and other related structures built using accepted best management practices;

(5) The cutting or clearing of public utility rights–of–way for electric generating stations licensed pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of the Public Utilities Article, provided that:

(i) Any required certificates of public convenience and necessity have been issued in accordance with § 5–1603(f) of this subtitle; and

(ii) The cutting or clearing of the forest is conducted so as to minimize the loss of forest;

(6) Any routine maintenance of public utility rights–of–way;

(7) Any activity conducted on a single lot of any size or a linear project provided that:

(i) The activity does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest; and

(ii) The activity on the lot or linear project will not result in the cutting, clearing, or grading of any forest that is subject to the requirements of a previous forest conservation plan prepared under this subtitle;

(8) Any strip or deep mining of coal regulated under Title 15, Subtitle 5 or Subtitle 6 of the Environment Article and any noncoal surface mining regulated under Title 15, Subtitle 8 of the Environment Article;

(9) Any activity required for the purpose of constructing a dwelling house intended for the use of the owner, or a child of the owner, if the activity does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest;

(10) A county that has and maintains 200,000 acres or more of its land area in forest cover;

(11) The cutting or clearing of trees to comply with the requirements of:

(i) 14 C.F.R. § 77.25 relating to objects affecting navigable airspace, provided that the Federal Aviation Administration has determined that the trees are a hazard to aviation; or

(ii) Subject to subsection (c) of this section, § 5–703 of the Transportation Article relating to obstructions to air navigation, provided that, if a dispute arises regarding the cutting or clearing of trees, the Maryland Aviation Administration makes the final determination whether the trees should be cut or cleared;

(12) Any stream restoration project for which the applicant for a grading or sediment control permit has executed a binding maintenance agreement of at least 5 years with the affected property owner;

(13) Maintenance or retrofitting of a stormwater management structure that may include clearing of vegetation or removal and trimming of trees, so long as the maintenance or retrofitting is within the original limits of disturbance for construction of the existing structure, or within any maintenance easement for access to the structure;

(14) Forest management;

(15) Transit–oriented development, as defined under § 7–101 of the Transportation Article, provided that the area of forest removed shall be:

(i) Reforested at a ratio of at least 1/4 acre replanted for each acre removed; or

(ii) Mitigated in a manner in which 1/2 acre of forest is permanently protected for each acre removed;

(16) The construction of a new federal government facility projected to house the employment of at least 2,500 persons; and

(17) The construction of multifamily housing, consisting of a single structure containing at least 25 dwelling units, provided that the area of forest removed shall be:

(i) Reforested at a ratio of at least 1/4 acre replanted for each acre removed; or

(ii) Mitigated in a manner in which 1/2 acre of forest is permanently protected for each acre removed.

(c) An exemption under subsection (b)(11)(ii) of this section does not apply to the cutting or clearing of trees to facilitate the expansion or extension of the boundaries of any airport or runway.

(d) For an application for subdivision or sediment and erosion control or grading for a site with more than 50% of the net tract area governed by Title 8, Subtitle 18 of this article, the Department or local authority may allow an applicant to extend critical area forest protection measures instead of meeting the requirements of this subtitle.
Md. Code, Education § 5-237 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-237
§5–237.
Status: in_force

(a) The State Board shall distribute grants each year to organizations that:

(1) Promote literacy at an early age during well child visits in a health care setting; and

(2) Solicit the corporate community for funding for promoting literacy at an early age.

(b) An organization that is awarded a grant by the State Board under this section shall use the grant to:

(1) Purchase books to be distributed at well child visits in the health care setting; and

(2) Train pediatricians and other health care providers on methods of promoting literacy to all Maryland children.

(c) In fiscal year 2001 and every fiscal year thereafter, the Governor shall include funds in the State budget to implement this section.

(d) The State Board may adopt regulations to implement this section.
Md. Code, Labor and Employment § 5-407 — MD Code / Article gle / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

(a) (1) An employee or designated representative may ask an employer for:

(i) access to a chemical information list maintained by the employer; and

(ii) a copy of the chemical information list or any material safety data sheet in the workplace of the employee.

(2) An employer shall comply with a request under this subsection:

(i) for access, in the workplace of the employee, within 1 working day after a request; and

(ii) for a copy, within 5 days after a request.

(3) To comply with a request for a copy, an employer shall provide, without charge to the employee or designated representative, the copy or the mechanical means to produce the copy. If, during a calendar year, more than 1 copy is requested for an employee the employer may assess a reasonable charge for each additional copy.

(4) An employer shall make the material safety data sheet readily accessible in accordance with 29 C.F.R. 1910.1200(g)(8).

(5) If an employer fails to comply with this subsection, an employee who requests the information may refuse to work with the hazardous chemical for which the chemical information list or material safety data sheet was requested.

(b) On receipt of a written request, an employer or, if the employer’s business has ceased operating as described in § 5–405(e)(2) of this subtitle, the Maryland Department of Labor shall provide access to information on a chemical information list to:

(1) an individual who provides fire, ambulance, or rescue service for the appropriate geographic area;

(2) a nurse, physician, or physician’s assistant who is providing emergency medical treatment;

(3) the Commissioner;

(4) a former employee;

(5) an independent contractor or employer;

(6) any environmental, civic, or consumer organization in the State; and

(7) any individual who lives:

(i) in a local community where a business stores, produces, or locates hazardous or toxic chemicals; or

(ii) in the nearest local community to a business that stores, produces, or locates hazardous or toxic chemicals.
Md. Code, Estates and Trusts § 5-602 — MD Code / Article get / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

A petition for administration of a small estate may be filed by any person entitled to administration pursuant to § 5–104 of this title and shall contain, in addition to the information required by §§ 5–201 and 5–202 of this title:

(1) A statement that the petitioner has made a diligent search to discover all property and debts of the decedent;

(2) A list of the known property and its value;

(3) A list of the known creditors of the decedent, with the amount of each claim, including contingent and disputed claims; and

(4) A statement of any legal proceedings pending in which the decedent was a party.
Md. Code, Family Law § 5-545 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-545
§5–545.
Status: in_force

(a) (1) Each local board shall review children in out–of–home care in accordance with the regulations adopted by the State Board and the Secretary of Human Services.

(2) The regulations adopted by the State Board and the Secretary of Human Services shall require that the local boards review cases based on priorities agreed upon by the Department and the State Board and stated in a memorandum of agreement.

(b) Each local board shall report in writing to the juvenile court and the local department on each minor child whose case is reviewed by the local board.

(c) In the report, the local board shall include, where applicable, the following findings and recommendations:

(1) the applicability of provisions authorizing the waiver of reunification services in § 3–812 of the Courts Article;

(2) the appropriateness of the termination of parental rights for a minor child, including the applicability of the requirements and exceptions described in § 5–525.1 of this subtitle;

(3) agreement or disagreement with the permanency plan;

(4) any reasonable efforts made toward the preservation of family relationships and connections;

(5) the identification of barriers to achieve timely permanency;

(6) whether the child is receiving appropriate services to achieve the stated permanency goal;

(7) any reasonable efforts made towards a permanent placement and preparing the child for successful adulthood, if applicable;

(8) the level of safety of current and planned living arrangements and the adequacy of the Department’s efforts to keep the child safe;

(9) the appropriateness of the current living arrangement and agreement or disagreement with the local department’s placement plan;

(10) the appropriateness of efforts to meet the child’s education and health care needs; and

(11) any reasonable efforts made towards promoting the child’s relationship with individuals who will play a lasting, supportive role in the child’s life.

(d) (1) If the local board finds under subsection (c)(9) of this section that a child’s current living arrangement is not appropriate and the child is not placed in the jurisdiction of origin, the local board shall explain why the arrangement is inappropriate, including whether:

(i) resources are not available to meet the child’s service needs;

(ii) family treatment services are not accessible;

(iii) distance is a barrier to family visitation; or

(iv) the local school system is not meeting the child’s educational needs.

(2) If the local board disagrees under subsection (c)(9) of this section with the local department’s placement plan and the child would be placed outside the jurisdiction of origin, the local board shall explain why the plan is inappropriate, including whether:

(i) resources are not available to meet the child’s service needs;

(ii) family treatment services are not accessible;

(iii) distance is a barrier to family visitation; or

(iv) the local school system is not meeting the child’s educational needs.

(e) (1) The State Board shall tabulate and analyze the results of the case reviews and submit the results and findings for consideration as part of the local department self–assessment process in § 5–1309 of this title.

(2) The State Board shall tabulate and analyze results of case reviews, both on a jurisdictional and a statewide basis, and submit the results and findings to the Department on a quarterly basis.
Md. Code, Corporations and Associations § 5-611 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-611
§5–611.
Status: in_force

(a) The board of directors shall adopt the initial bylaws of a cooperative after an incorporation, conversion, merger, or consolidation.

(b) After adoption of the initial bylaws, the members shall adopt, amend, or repeal the bylaws by the affirmative vote of a majority of the members voting on the matter at a meeting of the members.

(c) The bylaws:

(1) Shall state the rights and duties of members and directors; and

(2) May contain other provisions for the regulation and management of the affairs of the cooperative that are consistent with this subtitle and the articles of incorporation.
Md. Code, Natural Resources § 5-1204 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1204
§5–1204.
Status: in_force

Notwithstanding inclusion of an area in the State wildlands preservation system, the area shall continue to be managed by the unit which had jurisdiction immediately before its inclusion in the State wildlands preservation system unless otherwise provided by an act of the General Assembly. Money may not be appropriated for the payment of expenses or salaries for the administration of the State wildlands preservation system as a separate unit, nor shall appropriations be available for additional personnel required solely for the purpose of managing or administering areas solely because they are included within the State wildlands preservation system.
Md. Code, General Provisions § 5-206 — MD Code / Article ggp / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

The Ethics Commission may adopt regulations to implement this title.
Md. Code, Environment § 5-1101 — MD Code / Article gen / Title 5 / Subtitle 11 / Section 5-1101
§5–1101.
Status: in_force

§5–1101. IN EFFECT

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

(1) “Baltimore County tributary dredged material” means earth, rock, soil, waste matter, muck, or other materials excavated or dredged from an approved dredging project in any of the Baltimore County tributaries of the Chesapeake Bay.

(2) “Baltimore Harbor” means the waterway which consists of the tidal portions of Patapsco River and its tributaries lying westward of a line extending from Rock Point in Anne Arundel County to North Point in Baltimore County.

(3) “Beneficial use of dredged material” means any of the following uses of dredged material from the Chesapeake Bay and its tributary waters placed into waters or onto bottomland of the Chesapeake Bay or its tidal tributaries, including Baltimore Harbor:

(i) The restoration of underwater grasses;

(ii) The restoration of islands;

(iii) The stabilization of eroding shorelines;

(iv) The creation or restoration of wetlands; and

(v) The creation, restoration, or enhancement of fish or shellfish habitats.

(4) “Confined aquatic disposal cell” means a dredged material management option where a depression or cell is excavated into the bottom of a body of water, any sand excavated is reused in a beneficial manner, and the depression or cell is filled in with dredged materials, including dredged materials from Baltimore Harbor.

(5) “Deep trough” means any region that:

(i) Is south of the Chesapeake Bay Bridge and north of a line extending westerly from Bloody Point; and

(ii) Has a depth that exceeds 60 feet.

(6) “Dredged material” means earth, sand, silt, sediment, shell, rock, soil, waste matter, or other material excavated or dredged from the Chesapeake Bay and its tributary waters.

(7) “Innovative reuse” includes the use of dredged material in the development or manufacturing of commercial, industrial, horticultural, agricultural, or other products.

(8) “Redeposit” means to dump, scatter, pour, or otherwise deposit dredged material.

(9) (i) “Sewage sludge” means the accumulated semiliquid suspension of settled solids, or dried residue of these solids, that is deposited from sewage in wastewater treatment plant tanks or basins.

(ii) “Sewage sludge” includes raw untreated sewage disposed from the Back River Sewage Treatment Plant.

(b) The General Assembly declares that the Chesapeake Bay and the tidewater portions of its tributaries are a great natural asset and resource to the State and its counties. Portions of these areas are threatened with inundation by the unconfined dumping of vast quantities of spoil from dredging operations within Baltimore Harbor and certain dumpings of sewage sludge. This inundation and unconfined dumping will pollute and despoil valuable portions of the bottomland in the Chesapeake Bay and its tidewater tributaries and be grossly harmful to fish and marine life in these and adjacent waters, to use for recreation, and to the economic and social life of the people of this State.

§5–1101. // EFFECTIVE MAY 31, 2029 PER CHAPTER 14 OF THE 2025 SPECIAL SESSION //

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

(1) “Baltimore County tributary dredged material” means earth, rock, soil, waste matter, muck, or other materials excavated or dredged from an approved dredging project in any of the Baltimore County tributaries of the Chesapeake Bay.

(2) “Baltimore Harbor” means the waterway which consists of the tidal portions of Patapsco River and its tributaries lying westward of a line extending from Rock Point in Anne Arundel County to North Point in Baltimore County.

(3) “Beneficial use of dredged material” means any of the following uses of dredged material from the Chesapeake Bay and its tributary waters placed into waters or onto bottomland of the Chesapeake Bay or its tidal tributaries, including Baltimore Harbor:

(i) The restoration of underwater grasses;

(ii) The restoration of islands;

(iii) The stabilization of eroding shorelines;

(iv) The creation or restoration of wetlands; and

(v) The creation, restoration, or enhancement of fish or shellfish habitats.

(4) “Deep trough” means any region that:

(i) Is south of the Chesapeake Bay Bridge and north of a line extending westerly from Bloody Point; and

(ii) Has a depth that exceeds 60 feet.

(5) “Dredged material” means earth, sand, silt, sediment, shell, rock, soil, waste matter, or other material excavated or dredged from the Chesapeake Bay and its tributary waters.

(6) “Innovative reuse” includes the use of dredged material in the development or manufacturing of commercial, industrial, horticultural, agricultural, or other products.

(7) “Redeposit” means to dump, scatter, pour, or otherwise deposit dredged material.

(8) (i) “Sewage sludge” means the accumulated semiliquid suspension of settled solids, or dried residue of these solids, that is deposited from sewage in wastewater treatment plant tanks or basins.

(ii) “Sewage sludge” includes raw untreated sewage disposed from the Back River Sewage Treatment Plant.

(b) The General Assembly declares that the Chesapeake Bay and the tidewater portions of its tributaries are a great natural asset and resource to the State and its counties. Portions of these areas are threatened with inundation by the unconfined dumping of vast quantities of spoil from dredging operations within Baltimore Harbor and certain dumpings of sewage sludge. This inundation and unconfined dumping will pollute and despoil valuable portions of the bottomland in the Chesapeake Bay and its tidewater tributaries and be grossly harmful to fish and marine life in these and adjacent waters, to use for recreation, and to the economic and social life of the people of this State.
Md. Code, Education § 5-240 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-240
§5–240.
Status: in_force

(a) (1) Beginning in fiscal year 2021, the Governor shall appropriate in the annual budget $6,500,000 to the Department for the purpose of providing grants to maintain or establish school–based health centers.

(2) (i) 1. The Department shall designate a primary contact employee for school–based health centers.

2. The Department’s primary contact employee shall:

A. Assist individuals involved in school–based health centers who interact with the Department;

B. Provide technical assistance to support the establishment and expansion of school–based health centers; and

C. Coordinate the Department’s efforts with those of the Maryland Department of Health and other government agencies to build a robust network of school–based health centers in the State.

(ii) 1. The Maryland Department of Health shall designate a primary contact employee for school–based health centers.

2. The Maryland Department of Health’s primary contact employee shall:

A. Assist individuals involved in school–based health centers who interact with the Maryland Department of Health;

B. Provide technical assistance to support the establishment and expansion of school–based health centers; and

C. Coordinate the Maryland Department of Health’s efforts with those of the Department and other government agencies to build a robust network of school–based health centers in the State.

(b) The amount appropriated under subsection (a) of this section shall be in addition to the amount appropriated in fiscal year 2020.
Md. Code, Election Law § 5-1301 — MD Code / Article gel / Title 5 / Subtitle 13 / Section 5-1301
§5–1301.
Status: in_force

(a) Except for a candidate or nominee to fill a vacancy for the office of Governor or Lieutenant Governor, this subtitle applies to a candidate or nominee to fill a vacancy for any public office subject to this title.

(b) A nominee to fill a vacancy for Governor or Lieutenant Governor is subject to the requirements of Subtitle 10 of this title.
Md. Code, Insurance § 5-301.1 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-301.1
§5–301.
Status: in_force

§5–301.1.

(a) (1) (i) Subject to subparagraph (ii) of this paragraph, the Commissioner annually shall value or cause to be valued the reserves for all outstanding life insurance policies, annuity contracts, and pure endowment contracts issued by each life insurer doing business in the State before the operative date of the valuation manual.

(ii) For an alien insurer, the valuation required by this subsection shall be limited to the alien insurer’s United States business.

(2) To calculate reserves under this subsection, the Commissioner may use group methods and approximate averages for fractions of a year or otherwise.

(3) For a foreign insurer or alien insurer, instead of the valuation of reserves required by paragraph (1) of this subsection, the Commissioner may accept a valuation made or caused to be made by the insurance supervisory official of another state or other jurisdiction if the valuation complies with the minimum standard under this subtitle.

(4) Subject to the approval of the Commissioner, an insurer that has adopted a standard of valuation producing greater aggregate reserves than the aggregate reserves calculated under the minimum standard provided in this subtitle may adopt a lower standard of valuation if it is not lower than the minimum standard provided in this subtitle.

(b) (1) The Commissioner annually shall value or cause to be valued the reserves for all outstanding life insurance policies, accident and health insurance contracts, and deposit–type contracts issued by a company on or after the operative date of the valuation manual.

(2) For a foreign company or an alien company, instead of the valuation of reserves required by paragraph (1) of this subsection, the Commissioner may accept a valuation made or caused to be made by the insurance supervisory official of another state if the valuation complies with the minimum standard under this subtitle.
Md. Code, Election Law § 5-801 — MD Code / Article gel / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

(a) A nominee may decline the nomination by filing a certificate of declination on the prescribed form.

(b) The certificate of declination shall be under oath and filed:

(1) with the board at which the certificate of candidacy was filed; and

(2) (i) in the year of a gubernatorial election, by the first Tuesday in August immediately preceding the general election; or

(ii) in the year of a presidential election, by the first Tuesday in August immediately preceding the general election.

(c) If a certificate of declination is filed under this section:

(1) the certificate of nomination to which the certificate of declination relates is void;

(2) a vacancy in nomination is created to be filled in accordance with the provisions of Subtitle 10 of this title;

(3) the name of the individual who declined the nomination may not appear on the ballot unless the individual is selected to fill that vacancy; and

(4) the filing fee for the certificate of candidacy of that individual may not be refunded.

(d) The name of each individual who does not decline a nomination shall appear on the general election ballot unless, by the 85th day preceding the general election, the individual’s death or disqualification is known to the board with which the certificate of candidacy was filed.
Md. Code, Public Safety § 5-402 — MD Code / Article gps / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

(a) This subtitle does not affect a person’s right to:

(1) manufacture, sell, or offer to sell a rifle or other weapon that is not defined as a handgun in § 4-201 of the Criminal Law Article;

(2) manufacture a prototype handgun model required for design, development, testing, and approval by the Board; and

(3) manufacture in this State a handgun that is not on the handgun roster by a federally licensed gun manufacturer who is also licensed as a regulated firearms dealer in this State for direct sale to a unit of:

(i) the federal government;

(ii) a state other than this State;

(iii) a local government in a state other than this State; or

(iv) a law enforcement agency in a state other than this State.

(b) (1) A person is not strictly liable for damages for injuries to another that result from the criminal use of a firearm by a third person.

(2) Paragraph (1) of this subsection does not apply if the person conspired with the third person to commit the criminal act in which the firearm was used or willfully aided, abetted, or caused the commission of the criminal act in which the firearm was used.

(3) This subtitle does not otherwise negate, limit, or modify the doctrine of negligence or strict liability that relates to abnormally dangerous products or activities and defective products.
Md. Code, Business Occupations and Professions § 5-605 — MD Code / Article gbo / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

(a) Except as provided in §§ 5–302 and 5–303 of this title and subsection (b) of this section, a person may not practice cosmetology, provide esthetic services, provide eyelash extension services, provide hair services, provide hair services – blow drying, or provide nail technician services in any place other than:

(1) a beauty salon that holds a beauty salon permit; or

(2) a barbershop that holds a barbershop permit issued under Title 4 of this article.

(b) (1) A licensed cosmetologist, esthetician, eyelash extension technician, hairstylist, hairstylist – blow dry technician, or nail technician may practice cosmetology and provide services in:

(i) a facility in which beautification–oriented medical services, authorized by the Maryland Department of Health, are provided;

(ii) the residence of an individual confined to the residence by reason of a physical or mental infirmity;

(iii) an assisted living facility as defined in § 19–1801 of the Health – General Article;

(iv) a hospice facility defined in § 19–901(c) of the Health – General Article;

(v) a nursing home as defined in § 19–1401(e) of the Health – General Article; or

(vi) a hospital as defined in § 19–301 of the Health – General Article or a similar institution.

(2) To practice in any of the locations specified in this subsection:

(i) the licensed cosmetologist, esthetician, eyelash extension technician, hairstylist, hairstylist – blow dry technician, or nail technician shall be sponsored by a beauty salon in which the cosmetologist, esthetician, hairstylist, hairstylist – blow dry technician, or nail technician is authorized to practice;

(ii) the patron to whom the services are rendered shall be a customer of the beauty salon; and

(iii) the services shall be rendered by appointment through the beauty salon.
Md. Code, Family Law § 5-4B-11 — MD Code / Article gfl / Title 5 / Subtitle 4B / Section 5-4B-11
§5–4B–11.
Status: in_force

(a) If an individual sought by a confidential intermediary is deceased, the confidential intermediary may not disclose the identity of the deceased to the individual who applied for search, contact, and reunion services.

(b) The confidential intermediary shall report the fact that the individual sought is deceased to the individual who applied for search, contact, and reunion services.

(c) (1) If the deceased individual is a biological parent, the confidential intermediary may, with the consent of the applicant, attempt to contact a relative who is at least 21 years old to assess the willingness of the relative to communicate or exchange information with the applicant.

(2) If the deceased individual is an adopted individual, the confidential intermediary may, with the consent of the applicant, attempt to contact a member of the adoptive family who is at least 21 years old to assess the willingness of the member of the adoptive family to communicate or exchange information with the applicant.

(3) If the applicant consents to contacting a relative or member of the adoptive family, the applicant shall execute another written agreement with the confidential intermediary concerning the provision of search, contact, and reunion services under this subsection.

(4) (i) 1. Except as provided in subparagraph (ii) of this paragraph, the confidential intermediary may charge the individual a reasonable fee for the additional search, contact, and reunion services described in this subsection.

2. The overall amount of fees collected may not exceed the costs of providing the services.

(ii) The confidential intermediary may not charge a director of a local department who applies for search, contact, and reunion services on behalf of a minor in out–of–home placement the fee described in subparagraph (i) of this paragraph.

(5) The confidential intermediary shall promptly:

(i) file the executed agreement with the Director; and

(ii) attempt to contact the relative or member of the adoptive family sought by the applicant.

(6) The provisions of this subtitle shall apply to search, contact, and reunion services provided by a confidential intermediary under this subsection.
Md. Code, State Government § 5-108 — MD Code / Article gsg / Title 5 / Subtitle 1 / Section 5-108
§5–108.
Status: in_force

(a) In determining the type and amount of coverage of any surety bond or insurance policy required by law, the State Treasurer shall have due regard for the duties and responsibilities of the officer or employee.

(b) An officer or employee who is required to be bonded or insured shall be covered, on beginning the performance of the officer’s or employee’s duties, by a surety bond or an insurance policy of the type specified and in the amount and term to be determined by the State Treasurer.

(c) Each State officer or employee, other than those specifically required to be bonded or insured in accordance with any law of the State, who in the opinion of the State Treasurer should be bonded or insured shall be bonded with the type of bond or insurance and in the amount and term to be determined by the State Treasurer.

(d) The State Treasurer shall keep a record of each insurance policy purchased to meet the requirements of subsection (b) of this section.

(e) (1) On the purchase of any bond required by law, a copy of the bond shall be sent to the Comptroller.

(2) A record shall be kept in the Office of the State Comptroller giving:

(i) the name of the officer or employee for whom any individual bond is issued;

(ii) the name of the agency in which the officer or employee is employed or the name of the agencies covered under a blanket bond program;

(iii) the name of the company issuing the bond; and

(iv) the amount, date, and time of expiration of the bond and of any certificate renewing the bond.
Md. Code, Education § 5-103 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) The amount requested in the annual budget of each county board for current expenses for the next school year and that is to be raised by revenue from local sources may not be less than the minimum amount required to be levied under § 5–202(d)(1)(i) of this title.

(b) The county commissioners or county council may provide funds that are more than the amount required by § 5–202(d)(1)(i) of this title to support improved and additional programs.

(c) If a county council or board of county commissioners does not approve the amount requested in the budget that is more than the amount required by § 5–202(d)(1)(i) of this title:

(1) The county council or board of county commissioners:

(i) May not reduce the amount requested in the budget that is dedicated to satisfying a final court judgment; and

(ii) Shall indicate in writing, within 15 days after the adoption of the budget, which major categories of the annual budget have been reduced and the reason for the reduction; and

(2) The county board shall submit to the county governing body, within 30 days after the adoption of the budget, a report indicating how the alterations to the budget will be implemented, accompanied by reasonable supporting detail and analysis.
Md. Code, Natural Resources § 5-434 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-434
§5–434.
Status: in_force

The General Assembly declares that it is in the public interest to have a program that encourages the involvement of residents of the State in active stewardship of the State’s natural resources by planting native trees.
Md. Code, Courts and Judicial Proceedings § 5-719 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-719
§5–719.
Status: in_force

(a) In this section, “Board” means the State Board of Dietetic Practice.

(b) A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
Md. Code, Natural Resources § 5-403 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

(a) If the governing body or the road supervisors of any county of the State, the Department of Transportation, the council of any municipality, or any organization or person applies to the Department to plant, care for, or protect any roadside tree, the Department shall evaluate the application and inform the applicant concerning the advisability of the requested planting, care, or protection. If, in the judgment of the Department, the requested planting, care, or protection is advisable, the Department shall prepare and submit to the applicant a plan for the same, including an estimate of the cost.

(b) Any plan to plant, care for, or protect roadside trees may not become operative until the applicant approves the plan and has guaranteed to the Department the cost of the work. When the applicant approves a plan the Department has prepared, and the applicant has guaranteed payment of the cost in a manner satisfactory to the Department, the Department shall perform, or cause to be performed, the specified planting, care, or protection of roadside trees.

(c) The Department, without being requested as provided in subsection (a) of this section or guaranteed as provided in subsection (b) of this section, may plant, care for, and protect roadside trees and pay for the work out of any unexpended balance of the amount appropriated for the purposes of this subtitle. However, no tree may be planted under the provisions of this section without the consent and approval of the owner of the land on which planted.

(d) Except as provided in subsection (e) of this section, a county or municipality may adopt a local law or ordinance for the planting, care, and protection of roadside trees that is more stringent than the requirements of §§ 5–402 and 5–406 of this subtitle if the local law or ordinance does not conflict with the provisions of §§ 5–402 and 5–406 of this subtitle.

(e) A county or municipality may not adopt a local law or ordinance for the planting, care, and protection of roadside trees that applies to:

(1) The cutting or clearing of public utility rights–of–way or land for electric generating stations licensed under § 7–204, § 7–205, § 7–207, or § 7–208 of the Public Utilities Article, provided that:

(i) Any required certificates of public convenience and necessity have been issued in accordance with § 5–1603(f) of this title; and

(ii) The cutting or clearing of the forest is conducted so as to minimize the loss of forest;

(2) The routine maintenance of public utility rights–of–way; or

(3) The cutting or clearing of public utility rights–of–way or land for new transmission or distribution lines.

(f) A county or municipality that adopts a local law or ordinance in accordance with subsection (d) of this section may issue a stop work order against any person that violates any provision of the local law or ordinance.
Md. Code, General Provisions § 5-704.1 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-704.1
§5–704.
Status: in_force

§5–704.1.

A regulated lobbyist, other than a regulated lobbyist described in § 5–702(a)(6) of this subtitle, shall complete the training course provided under § 5–205(e)(1) of this title:

(1) (i) within 6 months of the regulated lobbyist’s initial registration with the Ethics Commission; or

(ii) if the initial registration is terminated in accordance with § 5–704(f) of this subtitle earlier than 6 months after the date of registration, before any subsequent registration with the Ethics Commission; and

(2) on completion of the initial training course under item (1) of this section, within the 2–year period following the date of the most recently completed training course.
Md. Code, Corporations and Associations § 5-315 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-315
§5–315.
Status: in_force

The corporators of a religious corporation subject to this part shall be the following individuals, appointed or elected according to the discipline and government of the Roman Catholic Church:

(1) The ordinary of the archdiocese;

(2) The vicar-general of the archdiocese;

(3) The pastor of the congregation; and

(4) Any other individual appointed by the ordinary.
Md. Code, Natural Resources § 5-603 — MD Code / Article gnr / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

The Department shall administer forest conservation practices on privately owned forest land and manage publicly owned forest lands. Representatives of the United States Forest Service and the Cooperative Extension Service may meet with the Department in an advisory capacity. The Department shall keep a record of its proceedings. The Department and the district boards shall cooperate with existing public agencies in forest management practices, flood control, recreation, wildlife management, and related activities. The Department shall direct and coordinate the activities of the district boards and hear appeals from orders or decisions of the local boards.
Md. Code, Corporations and Associations § 5-401 — MD Code / Article gca / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

In this subtitle, “private foundation” means a Maryland corporation which is a private foundation as defined in § 509(a) of the Internal Revenue Code.
Md. Code, Estates and Trusts § 5-606 — MD Code / Article get / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, for all services listed in § 2–206(b)(1) of this article that a register performs in connection with a small estate, the register shall receive the fees under § 2–206(b)(2) of this article.

(b) For each additional certificate of letters over 4 furnished in connection with a small estate, the register shall receive the additional fee under § 2–206(c) of this article.

(c) The register may not receive fees in connection with a small estate in which:

(1) The surviving spouse is the sole legatee or heir and has qualified for administration under this subtitle in accordance with § 5–601(c) of this subtitle; and

(2) The property of the decedent subject to administration in Maryland is established to have a value of $100,000 or less as of the date of death of the decedent.
Md. Code, Natural Resources § 5-1202 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1202
§5–1202.
Status: in_force

(a) Acquisition of interests or rights in real property for preservation of open spaces and areas constitutes a public purpose for which public funds may be expended or advanced. Any county, city, the Maryland-National Capital Park and Planning Commission, and the Department may acquire, by purchase, any intervivos or testamentary gift, or lease, the fee or any lesser interest, or development right, necessary to achieve this end. Any county, city, the Maryland-National Capital Park and Planning Commission, and the Department also may purchase or acquire by contract or gift the fee to any property for the purpose of conveying or leasing the property back to its original owner or other person under covenants or other contractual arrangements which limit future use of the property in accordance with the purposes of this section. The county or city may not acquire any fee or any lesser interest in real property for these purposes by purchase or contract requiring a monetary consideration exceeding $500, unless the governing body of the county or city after a public hearing adopts a resolution or formal order declaring the public purpose or use. However, no owner whose property is being used for farming is subject to any condemnation or other land acquisition proceeding for the purposes of this section, by the county, city, Maryland-National Capital Park and Planning Commission, or the Department, if the owner has granted a scenic easement to the Department, Commission, or political subdivision.

(b) If any county, city, or the Maryland-National Capital Park and Planning Commission purchases open spaces and areas under the Outdoor Recreation Land Loan of 1968, the Board of Public Works shall pay a portion of the purchase cost if the Secretary has approved the acquisition and costs, and the acquisition complies with the provisions of the Outdoor Recreation Land Loan of 1968.

(c) (1) A landowner may offer a recreational access easement to the Department of Natural Resources and the Department may execute such an easement. The recreational access easements shall provide for access to all or a portion of the landowner’s property for recreational activities. The terms of access (including but not limited to time, seasons, and the number of individuals), the location and amount of land and water, and the type of permitted recreational activities, shall be specified by the landowner.

(2) The Department shall in executing a recreational access easement agreement consider the terms specified by the landowner and the unmet demands for specific recreation activities in the area.

(3) The value and content of the easement shall be by mutual agreement between the landowner and the Department and approved by the Board of Public Works. The Department may accept the easement by donation, however, if purchase is required. Funding shall be provided through Program Open Space as appropriated pursuant to § 5-903 of this title.

(4) A landowner’s initial agreement shall be executed for a term of one year, and all extensions shall be executed for a period of not less than three years.

(5) Liability provisions of Subtitle 11 of this title shall be applicable to those lands for which recreational access easements have been contracted.
Md. Code, Environment § 5-809 — MD Code / Article gen / Title 5 / Subtitle 8 / Section 5-809
§5–809.
Status: in_force

This subtitle may be cited as the Flood Hazard Management Act of 1976.
Md. Code, Economic Development § 5-430 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-430
§5–430.
Status: in_force

(a) If the requirements of this section are satisfied, and subject to § 5-432 of this subtitle, the Authority may use the Fund to:

(1) insure the payment of any of the principal of, redemption or prepayment premiums or penalties on, and interest on:

(i) bonds; and

(ii) any instrument executed, obtained, or delivered in connection with the issuance and sale of bonds; and

(2) pay or insure the payment of fees or premiums for insurance, guarantees, or other credit support in connection with financial assistance under this subtitle.

(b) Based on factors it considers relevant, the Authority shall determine, in its sole discretion, that the economic impact of the transaction will be substantial.

(c) The Authority shall find:

(1) that the acquisition or improvement of a facility will not result in:

(i) the removal from one county to another county of the business operations of the facility user; or

(ii) the abandonment of a facility in the State; or

(2) if the acquisition or improvement will result in removal or abandonment, that the acquisition or improvement will:

(i) discourage the facility user from leaving the State; or

(ii) preserve the competitive position of the facility user in its industry.

(d) The Authority shall find that the Authority will not be required, except on default, to operate, service, or maintain the facility.

(e) The bonds or instruments shall be secured in a manner that the Authority approves.

(f) Financial assistance from the Fund provided under this section may not exceed an aggregate amount of $7,500,000 for a single facility.
Md. Code, Corporations and Associations § 5-515 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-515
§5–515.
Status: in_force

(a) If a vacancy on the board of directors occurs other than by expiration of term, the remaining members of the board shall fill the vacancy by majority vote.

(b) If the bylaws provide for an election of directors by districts, a replacement director shall represent the district for which the vacancy has occurred.
Md. Code, Public Safety § 5-604 — MD Code / Article gps / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) (1) After a hearing on a petition, whether ex parte or otherwise, a judge may enter a temporary extreme risk protective order to prohibit the respondent from possessing a firearm if the judge finds that there are reasonable grounds to believe that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm.

(2) In determining whether to enter a temporary extreme risk protective order under this section, the judge shall consider:

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

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

(3) The temporary extreme risk protective order shall:

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

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

(4) If the judge finds probable cause to believe that the respondent meets the requirements for emergency evaluation under Title 10, Subtitle 6 of the Health – General Article, the judge shall refer the respondent for emergency evaluation.

(b) (1) Except as provided in paragraph (2) of this subsection, a law enforcement officer shall:

(i) immediately serve the temporary extreme risk protective order on the respondent under this section; and

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

(2) A respondent who has been served with an interim extreme risk protective order under § 5–603 of this subtitle shall be served with the temporary extreme risk protective order in open court or, if the respondent is not present at the temporary extreme risk protective order hearing, by first–class mail at the respondent’s last known address.

(3) There shall be no cost to the petitioner for service of the temporary extreme risk protective order.

(c) (1) Except as otherwise provided in this subsection, the temporary extreme risk protective order shall be effective for not more than 7 days after service of the order.

(2) The judge may extend the temporary extreme risk protective order as needed, but not to exceed 6 months, to effectuate service of the order where necessary to provide protection or for other good cause.

(3) If the court is closed on the day on which the temporary extreme risk protective order is due to expire, the temporary extreme risk protective order shall be effective until the second day on which the court is open, by which time the court shall hold a final extreme risk protective order hearing.

(d) The judge may proceed with a final extreme risk protective order hearing instead of a temporary extreme risk protective order hearing if:

(1) (i) the respondent appears at the hearing;

(ii) the respondent has been served with an interim extreme risk protective order; or

(iii) the court otherwise has personal jurisdiction over the respondent; and

(2) the petitioner and the respondent expressly consent to waive the temporary extreme risk protective order hearing.
Md. Code, Economic Development § 5-1303 — MD Code / Article gec / Title 5 / Subtitle 13 / Section 5-1303
§5–1303.
Status: in_force

(a) The Secretary may only designate an area as a BRAC Revitalization and Incentive Zone if the area:

(1) is located within a priority funding area as defined by Title 5, Subtitle 7B of the State Finance and Procurement Article or a qualified opportunity zone designated under § 1400Z–1 of the Internal Revenue Code in Allegany County, Garrett County, Somerset County, or Wicomico County;

(2) is served by a public or community water and sewer system or planned to be served by a public or community water and sewer system under the approved 10–year water and sewer plan;

(3) is designated for mixed use development that includes residential uses as part of the mix of land uses by the political subdivision; and

(4) has an average density of at least 3.5 units per acre, calculated in accordance with § 5–7B–03 of the State Finance and Procurement Article, in that part of the area designated by the political subdivision for residential use or development.

(b) An area shall receive priority consideration for designation as a BRAC Revitalization and Incentive Zone under this section if the area is within one–half mile of a present or planned:

(1) MARC station along the Penn, Camden, or Brunswick lines;

(2) Baltimore Metro SubwayLink station;

(3) Baltimore Light RailLink station; or

(4) Metrorail system station in the State.

(c) An area may receive priority consideration for designation as a BRAC Revitalization and Incentive Zone under this section if the area is of strategic importance to the economic development interests of a county.

(d) The Secretary shall consider the following factors in determining whether to designate an area as a BRAC Revitalization and Incentive Zone:

(1) whether the area’s designation as a BRAC Revitalization and Incentive Zone is consistent with the political subdivision’s comprehensive plan;

(2) whether the area contains brownfields sites that are capable of redevelopment;

(3) whether the political subdivision has targeted the area for revitalization as provided for in the political subdivision’s comprehensive plan or in another plan or ordinance;

(4) the relationship of the area to a BRAC installation or how the area is impacted by BRAC;

(5) the availability, cost, and condition of business facilities;

(6) the number and age of abandoned structures;

(7) the number and age of substandard structures;

(8) the income of residents relative to the State or regional median incomes, including the number of persons who receive public assistance or are unemployed;

(9) the extent of unemployment and the ability to upgrade the social and economic conditions of the area;

(10) the need for financing for small businesses to upgrade the social and economic conditions of the area;

(11) any plans and financial commitments of local jurisdictions to undertake improvements in the proposed area;

(12) a political subdivision’s participation in revitalization activities including whether the area has been designated an enterprise zone;

(13) the presence of a special taxing district, a historic district listed on the National Register of Historic Places, or a local historic district;

(14) support from community or business organizations;

(15) other revitalization projects undertaken in the proposed area;

(16) a political subdivision’s participation in workforce readiness programs;

(17) a political subdivision’s participation in the creation of affordable and workforce housing options for residents;

(18) whether the political subdivision has acted to provide for the adequate protection and conservation of vital natural resource areas and agricultural areas within the political subdivision’s comprehensive plan or in another local government plan or ordinance;

(19) the presence of sensitive areas, as defined in § 1–101 of the Land Use Article;

(20) a political subdivision’s provision of a breadth of transportation options to improve accessibility and land use that supports transit ridership, walking, and bicycle use; and

(21) the fiscal impact of the designation of the BRAC Revitalization and Incentive Zone on the State.
Md. Code, Natural Resources § 5-608 — MD Code / Article gnr / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

(a) (1) (i) Any person engaged in a forest products business shall have a forest product operator’s license issued by the Department.

(ii) The license is secured from the Department for every type of forest products manufacturing plant.

(iii) Before any sawmill or other plant is erected for the manufacture of lumber or other forest products or when the location of any manufacturing plant is to be changed, the location shall be reported to the Department prior to erection of the plant or the change of location.

(2) An applicant for a license shall:

(i) Submit to the Department an application on the form that the Department provides;

(ii) Demonstrate compliance with the Maryland Workers’ Compensation Act under Title 9 of the Labor and Employment Article; and

(iii) Pay to the Department a fee set by the Department in an amount not to exceed the costs of carrying out this section.

(3) The term of a license is 1 year.

(b) Each person to whom this subtitle applies shall:

(1) Leave conditions favorable for regrowth. Any forest land on which cuttings are made shall be left by the operator in a favorable condition for regrowth, in order to maintain sufficient growing stock to supply raw materials for industry and furnish employment for forest communities continuously, if possible, or without long interruption;

(2) Leave young growth. As far as feasible, every desirable seedling and sapling shall be protected during logging operations. Except where unavoidable in logging, immature trees may not be cut for any purpose except to improve the spacing, quality, and composition or conditions for restocking, or to obtain timber or wood for home use;

(3) Arrange for restocking land after cutting by leaving trees of desirable species of suitable size singly, or in groups, well distributed and in a number to secure restocking. If the board approves, however, clear–cutting may be performed;

(4) Maintain adequate growing stock after partial cutting or selective logging. Rules and regulations of the Department, defining standards of forest practice to obtain and maintain adequate growing stock in the different forest types, may vary with different forest types of the State;

(5) Conduct timber harvesting operations in accordance with the sediment and erosion control standards under Title 4 of the Environment Article;

(6) Accurately report to the Department the quality, quantity, and species of firewood sold or delivered in accordance with Title 11 of the Agriculture Article;

(7) Comply with the terms of any applicable federal, State, or local permit, license, or approval;

(8) Complete and submit to the Department an annual timber consumption report; and

(9) Comply with the standards of practice adopted by the Department.

(c) (1) The Department may suspend or revoke the license of a forest product operator for failure to comply with this subtitle.

(2) Before suspending or revoking a license under this subsection, the Department, in accordance with Title 10, Subtitle 2 of the State Government Article, shall:

(i) Send by registered or certified mail written notice of the basis of the suspension or revocation to the license holder at the last known address of the license holder; and

(ii) Hold a hearing on the license suspension or revocation if the license holder requests the hearing within 2 weeks after receiving the written notice.

(3) A person aggrieved by a final decision of the Department in a contested case relating to a license suspension or revocation under this subsection may appeal as authorized under §§ 10–222 and 10–223 of the State Government Article.

(d) The provisions of this section do not apply to cutting firewood and timber for domestic use for the owner or his tenant, but apply to all cutting not specifically excepted.

(e) In a civil action before a court of competent jurisdiction, a person who suffers damages as a result of a violation of this section by a license holder may recover court costs and reasonable attorney’s fees.

(f) The Department may adopt regulations to implement this section.
Md. Code, Environment § 5-407 — MD Code / Article gen / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

Except as provided in § 5-408(c) of this subtitle, the Authority may not pledge the faith and credit of the State, nor create any debt or obligation of the State. If any pledge, debt, or obligation is created, it is invalid. The members of the Authority are not liable as individuals for any contract made on behalf of the Authority.
Md. Code, Human Services § 5-408 — MD Code / Article ghu / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

(a) An applicant or recipient may appeal to the Administration if the local department:

(1) does not act on an application within a reasonable time;

(2) denies an application wholly or partly; or

(3) modifies or cancels a grant of assistance.

(b) (1) The appeal shall be filed in the manner and form that the Administration requires.

(2) The Administration shall give the applicant or recipient reasonable notice and an opportunity for a hearing on the appeal.

(c) (1) On its own motion, the Administration may:

(i) review any decision of a local department; and

(ii) consider an application on which the local department has not made a decision within a reasonable time.

(2) The Administration:

(i) may make any additional investigation it considers necessary; and

(ii) shall make any decision on the granting of assistance and the amount of assistance it considers justified in accordance with this part.

(3) On request, the Administration shall give an applicant or recipient affected by a decision made under paragraph (2) of this subsection reasonable notice and an opportunity for a hearing.

(d) (1) A decision of the Administration under this section is final and binding on the local department.

(2) The local department shall comply with a decision of the Administration under this section.
Md. Code, General Provisions § 5-505 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

(a) (1) An official or employee may not solicit any gift.

(2) An official may not directly solicit or facilitate the solicitation of a gift, on behalf of another person, from an individual regulated lobbyist described in § 5–702(a)(1) of this title.

(b) (1) In this subsection, “entity” does not include a governmental unit.

(2) Except as provided in subsection (c) of this section, an official or employee may not knowingly accept a gift, directly or indirectly, from an entity that the official or employee knows or has reason to know:

(i) does or seeks to do any business of any kind, regardless of amount, with the official’s or employee’s governmental unit;

(ii) engages in an activity that is regulated or controlled by the official’s or employee’s governmental unit;

(iii) has a financial interest that may be affected substantially and materially, in a manner distinguishable from the public generally, by the performance or nonperformance of the official’s or employee’s official duties;

(iv) is a regulated lobbyist with respect to matters within the jurisdiction of the official or employee; or

(v) is an association, or any entity acting on behalf of an association, that is engaged only in representing counties or municipal corporations.

(c) (1) Notwithstanding subsection (b) of this section, an official or employee may accept a gift listed in paragraph (2) of this subsection unless:

(i) the gift would tend to impair the impartiality and independent judgment of the official or employee; or

(ii) as to a gift of significant value:

1. the gift would give the appearance of impairing the impartiality and independent judgment of the official or employee; or

2. the official or employee believes or has reason to believe that the gift is designed to impair the impartiality and independent judgment of the official or employee.

(2) Subject to paragraph (1) of this subsection, subsection (b) of this section does not apply to:

(i) 1. except for officials of the Legislative Branch, meals or beverages received and consumed by the official or employee in the presence of the donor or sponsoring entity;

2. for officials of the Legislative Branch, food or beverages received and consumed by the official in the presence of the donor or sponsoring entity as part of a meal or reception to which all members of a legislative unit were invited;

3. for a member of the General Assembly, food or beverages received from a donor or sponsoring entity, other than an individual regulated lobbyist described in § 5–702(a)(1) of this title, during a period when the General Assembly is not in session, at a location that is within a county that contains the member’s district, provided that the donor or sponsoring entity is located within a county that contains the member’s district; or

4. for a member of the General Assembly, food or beverages received at the time and geographic location of a meeting of a legislative organization for which the member’s presiding officer has approved the member’s attendance at State expense;

(ii) ceremonial gifts or awards of insignificant monetary value;

(iii) except for a State official of the Executive Branch or Legislative Branch, unsolicited gifts of nominal value;

(iv) for a State official of the Executive Branch or Legislative Branch, unsolicited gifts from a regulated lobbyist that are not meals or alcoholic beverages and that do not exceed $20 in cost;

(v) trivial gifts of informational value;

(vi) in return for participation on a panel or a speaking engagement at a meeting, reasonable expenses for food, travel, lodging, or scheduled entertainment of the official or employee if the expenses are associated with the meeting, except that, if such expenses for a State official of the Legislative Branch or Executive Branch are to be paid by a regulated lobbyist and are anticipated to exceed $500, the official shall notify the appropriate advisory body before attending the meeting;

(vii) for a member of the General Assembly, reasonable expenses for food, travel, lodging, or scheduled entertainment to attend a legislative conference that has been approved by the member’s presiding officer;

(viii) tickets or free admission extended to an elected constitutional officer from the person sponsoring or conducting the event, as a courtesy or ceremony to the office, to attend a charitable, cultural, or political event;

(ix) a specific gift or class of gifts exempted from subsection (b) of this section by the Ethics Commission on a written finding that:

1. acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of government; and

2. the gift is purely personal and private in nature;

(x) a gift from:

1. an individual related to the official or employee by blood or marriage; or

2. any other individual who is a member of the household of the official or employee; or

(xi) to the extent provided in subsection (d) of this section, honoraria.

(d) (1) Except as provided in subsection (c)(2)(vi) of this section, a member or member–elect of the General Assembly may not accept an honorarium.

(2) Subject to subsection (c)(1) of this section, an official or employee who is not a member or member–elect of the General Assembly may accept an honorarium if:

(i) the honorarium is limited to reasonable expenses for the official’s meals, travel, and lodging, and reasonable and verifiable expenses for care of a child or dependent adult, that are actually incurred;

(ii) the honorarium consists of gifts described in subsection (c)(2)(ii) through (iv) of this section; or

(iii) the official or employee is a faculty member of a State institution of higher education who does not hold another position as an official that precludes receiving the honorarium.

(3) Other than as allowed by paragraph (2) of this subsection, an honorarium may not be accepted, even if allowed by subsection (c)(1) of this section, if:

(i) the payor of the honorarium has an interest that may be affected substantially and materially, in a manner distinguishable from the public generally, by the performance or nonperformance of the official’s or employee’s official duties; and

(ii) the offering of the honorarium is related in any way to the official’s or employee’s official position.

(e) An official or employee may not accept a gift that is prohibited under § 13–211 of the State Finance and Procurement Article.

(f) By regulation, the Ethics Commission may define further exemptions from this section as may be necessary.
Md. Code, Business Occupations and Professions § 5-405 — MD Code / Article gbo / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

(a) Except as otherwise provided in subsection (g) of this section, the initial term of registration as an apprentice is 2 years.

(b) Unless registration as an apprentice is renewed for one additional 2–year term as provided in this section, the registration expires on the date set by the Board.

(c) (1) At least 1 month before the registration of an individual expires, the Board shall mail or electronically transmit to the individual:

(i) a renewal application form; and

(ii) a notice that states:

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

2. the amount of the renewal fee.

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

(d) Before the registration of an individual expires, the individual may renew it for an additional term, if the individual:

(1) otherwise is entitled to be registered;

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

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

(e) Except as otherwise provided in subsection (g) of this section, an individual registered as an apprentice may renew the registration only one time for a 2–year term.

(f) The Board shall renew the registration of and issue a renewal certificate to each individual who meets the requirements of this section.

(g) A registration as an apprentice for any limited practice of cosmetology expires 12 months after the date of its issuance unless the limited practice apprentice registration is renewed for one 1–year term.
Md. Code, State Finance and Procurement § 5-101 — MD Code / Article gsf / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Department” means the Department of Planning.

(c) “Secretary” means the Secretary of Planning.
Md. Code, Criminal Law § 5-805 — MD Code / Article gcr / Title 5 / Subtitle 8 / Section 5-805
§5–805.
Status: in_force

(a) In this section, “controlled premises” means:

(1) a place where a registrant or person exempted from registration requirements under this title is required to keep records; or

(2) a place, including a factory, warehouse, establishment, or conveyance, where a registrant or person exempted from registration requirements under this title may possess, manufacture, compound, process, sell, deliver, or dispose of a controlled dangerous substance.

(b) The Department may make administrative inspections of controlled premises in accordance with this section and designate those who may seize property under this section.

(c) An officer or employee designated by the Department may enter controlled premises to conduct an administrative inspection:

(1) when authorized by an administrative inspection warrant issued under § 5-804 of this subtitle; and

(2) on presenting the warrant and appropriate credentials to the owner, operator, or agent in charge.

(d) When authorized by an administrative inspection warrant, an officer or employee designated by the Department may:

(1) inspect and copy records that must be kept under this title;

(2) inspect, within reasonable limits and in a reasonable manner:

(i) controlled premises and all pertinent equipment, finished and unfinished material, containers, and labeling in the controlled premises;

(ii) except as provided in subsection (e) of this section, all other things in the controlled premises, including records, files, papers, processes, controls, and facilities, bearing on violation of this title; and

(3) inventory stock and obtain samples of a controlled dangerous substance in the controlled premises.

(e) Without a warrant, the Department may inspect books and records in accordance with this title and enter and conduct administrative inspections, including seizures of property:

(1) with the consent of the owner, operator, or agent in charge of the controlled premises;

(2) in a situation that presents imminent danger to health or safety;

(3) in a situation that involves inspection of a conveyance where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

(4) in any other exceptional or emergency situation in which time or opportunity to apply for a warrant is lacking; and

(5) in all other situations where a warrant is not legally required.

(f) Unless the owner, operator, or agent in charge of the controlled premises consents in writing, an inspection authorized under this section may not extend to:

(1) financial data;

(2) sales data other than shipment data; or

(3) pricing data.
Md. Code, Family Law § 5-1033 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1033
§5–1033.
Status: in_force

(a) In a paternity proceeding, the court may order the father or the mother to pay all or part of any 1 or more of the following:

(1) the support of the child;

(2) the mother’s medical and hospital expenses for pregnancy, childbirth, and recovery; and

(3) the funeral expenses of the child.

(b) Subject to the right of any party to subpoena a custodian of records at least 10 days before trial, any records relating to the cost of the mother’s medical and hospital expenses for pregnancy, childbirth, and recovery and any neonatal expenses of the child shall be admissible in evidence without the presence of a custodian of records and shall constitute prima facie evidence of the amount of expenses incurred.

(c) The court in a paternity proceeding may order the father to pay either or both of the following:

(1) all or part of the medical support of the child, including neonatal expenses; and

(2) counsel fees to the counsel who represents the complainant.
Md. Code, Business Occupations and Professions § 5-306 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

An applicant for a license:

(1) shall submit to the Board an application on the form that the Board provides; and

(2) except as provided in § 5–308 of this subtitle, shall pay to the Board or the Board’s designee the appropriate examination fee established by the Board in accordance with § 5–205 of this title in an amount not to exceed the cost of the required examination.
Md. Code, Environment § 5-1105 — MD Code / Article gen / Title 5 / Subtitle 11 / Section 5-1105
§5–1105.
Status: in_force

The Attorney General of Maryland or the State’s Attorney of any county of the State that borders on a portion of the Chesapeake Bay or on a tidewater portion of any of the Chesapeake Bay’s tributaries may seek an injunction against any person violating or threatening to violate any provision of this subtitle.
Md. Code, Economic Development § 5-429 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-429
§5–429.
Status: in_force

Each year the Treasurer shall report to the Authority on the:

(1) status of the Fund;

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

(3) earnings from investments of the Fund during the period covered by the report.
Md. Code, Financial Institutions § 5-1101 — MD Code / Article gfi / Title 5 / Subtitle 11 / Section 5-1101
§5–1101.
Status: in_force

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

(b) “Acquire” means to assume ownership or control, directly or indirectly, of any voting shares of, interest in, or all or a substantial portion of the assets and liabilities, including, unless otherwise determined in writing by the Director of the State of Maryland Deposit Insurance Fund Corporation to be in the best financial interest of the Fund, all savings accounts liabilities that are insured by the Fund, to the extent of the insurance, and liabilities to the State, of the following institutions:

(1) A savings and loan association;

(2) A newly-formed commercial bank chartered to consummate a transaction with a savings and loan association under this subtitle; or

(3) A commercial bank that results from the conversion of a savings and loan association.

(c) “Act” means the federal Bank Holding Company Act of 1956, as amended.

(d) “Maryland bank holding company” means a company that is defined as a bank holding company under the Act and that conducted its principal banking business in Maryland on July 1, 1966, or on the date on which the company became a bank holding company under the Act, whichever occurred later.

(e) “Out-of-state bank holding company” means a company that is defined as a bank holding company under the Act and that conducted its principal banking business in a jurisdiction of the United States other than Maryland on July 1, 1966, or on the date on which the company became a bank holding company under the Act, whichever occurred later.

(f) “Savings accounts” has the meaning stated in § 10-101(k) of this article.

(g) “Savings and loan association” means a corporation that is:

(1) Chartered under the laws of this State as a savings and loan association; and

(2) Insured by the State of Maryland Deposit Insurance Fund Corporation.
Md. Code, Business Regulation § 5-903 — MD Code / Article gbr / Title 5 / Subtitle 9 / Section 5-903
§5–903.
Status: in_force

Unless a person is authorized as a registrant, a person may not represent to the public, by use of a title, including cemeterian, registered cemeterian, crematory operator, registered crematory operator, registered reduction operator, burial goods seller, or registered seller, by description of services, methods, or procedures, or otherwise, that the person is authorized to engage in the operation of a cemetery, crematory, or reduction facility or provide burial goods.
Md. Code, Courts and Judicial Proceedings § 5-513 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-513
§5–513.
Status: in_force

An action or proceeding may not be prosecuted or maintained against a member of a military court described under Title 13, Subtitle 8 of the Public Safety Article, or an officer or person acting under its authority, or reviewing its proceedings on account of the approval or imposition or execution of any sentence, or the imposition or collection of a fine or penalty, or the execution of any warrant, writ, execution, process, or mandate of a military court.
Md. Code, Financial Institutions § 5-905 — MD Code / Article gfi / Title 5 / Subtitle 9 / Section 5-905
§5–905.
Status: in_force

(a) In deciding whether to approve an application under § 5-904 of this subtitle, the Commissioner shall consider whether the acquisition:

(1) May be detrimental to the safety and soundness of the Maryland bank or Maryland bank holding company to be acquired; or

(2) May result in an undue concentration of resources or a substantial reduction of competition in the State.

(b) Except as provided in this section, the Commissioner may not approve an acquisition if on consummation of the transaction the applicant, including any insured depository institution affiliate of the applicant, would control 30 percent or more of the total amount of deposits of insured depository institutions in the State.

(c) The Commissioner may by regulation adopt a procedure by which the 30 percent deposit limit may be waived for good cause.
Md. Code, Financial Institutions § 5-101 — MD Code / Article gfi / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “CAMELS” means the composite rating adopted by the federal Financial Institutions Examination Council to evaluate the adequacy of capital, quality of assets, capability of management, quality and level of earnings, adequacy of liquidity, and sensitivity to market risk.

(c) “Capital stock” includes both common and preferred stock of a commercial bank.

(d) “Examiner” means:

(1) The Commissioner; and

(2) An individual whom the Commissioner designates as examiner.

(e) “Federal banking authority” means, as the context requires:

(1) The Federal Deposit Insurance Corporation;

(2) The Federal Reserve Bank of Richmond; or

(3) Any other appropriate federal banking authority.

(f) “Nondepository trust company” means a trust company that is not insured by the Federal Deposit Insurance Corporation.

(g) “Savings bank” means an institution that:

(1) Is incorporated under the laws of this State as a savings bank; and

(2) Engages only in the business of savings banking.

(h) “Trust company” means an institution that is incorporated under the laws of this State as a trust company.
Md. Code, Financial Institutions § 5-808.2 — MD Code / Article gfi / Title 5 / Subtitle 8 / Section 5-808.2
§5–808.
Status: in_force

§5–808.2.

(a) In this section, “extraordinary circumstances” means a situation presenting specific concerns about the prompt withdrawal of money from, or the safety and soundness of, a banking institution.

(b) In extraordinary circumstances and with the consent of the banking institution, the Commissioner may close to the public a hearing concerning the assessment of a civil penalty, an order to cease and desist, or any other formal enforcement action by the Commissioner.
Md. Code, Education § 5-603 — MD Code / Article ged / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

(a) Bonds issued under this subtitle constitute an irrevocable pledge of the full faith and credit and unlimited taxing power of the county to the payment of the principal of and interest on the bonds when the bonds become payable.

(b) (1) Except as provided in paragraph (2) of this subsection, in every fiscal year in which any of the bonds are outstanding, the county shall levy ad valorem taxes on all assessable property within the corporate limits of the county in an amount sufficient to make payments, when due, on the principal of and interest on the bonds.

(2) If other funds are available to pay the principal of and interest on the bonds, the county may reduce the taxes that would otherwise need to be levied under this section.

(c) The county may apply funds received from any source to the payment of the principal of and interest on the bonds.
Md. Code, Criminal Procedure § 5-105 — MD Code / Article gcp / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

(a) This section applies only in Baltimore City.

(b) If a defendant is released before trial, the Department of Public Safety and Correctional Services shall provide notice within 24 hours of the release to the Baltimore Police Department.

(c) Notice provided under this section shall be provided in a manner that allows the sorting and filtering of the information provided by the Department of Public Safety and Correctional Services.
Md. Code, Economic Development § 5-409 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-409
§5–409.
Status: in_force

(a) (1) From among its members, the Authority shall elect a chair and a vice chair.

(2) The Executive Director serves as secretary of the Authority.

(b) The Authority shall determine the manner of election of officers and their terms of office.
Md. Code, Election Law § 5-1302 — MD Code / Article gel / Title 5 / Subtitle 13 / Section 5-1302
§5–1302.
Status: in_force

(a) A certificate of designation may not be filed later than 10 days before the day of the general election.

(b) If the name of a nominee who has died, declined the nomination, or been disqualified appears on the ballot and receives a number of votes that would have been sufficient for election if the nominee had not died, declined, or been disqualified for the nomination, the vacancy thereby created shall be:

(1) deemed to have occurred after the day of the general election; and

(2) filled in accordance with this article or other provisions of law.
Md. Code, Courts and Judicial Proceedings § 5-501 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

A civil or criminal action may not be brought against a city or town councilman, county commissioner, county councilman, or similar official by whatever name known, for words spoken at a meeting of the council or board of commissioners or at a meeting of a committee or subcommittee thereof.
Md. Code, Education § 5-226 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-226
§5–226.
Status: in_force

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

(2) (i) “Struggling learner” means a kindergarten through grade 3 student who, on the Maryland Comprehensive Assessment Program (MCAP) or on any successor assessment, in the prior fiscal year, scores the equivalent of a 1, 2, or 3 in English language arts or reading on the PARCC assessment.

(ii) The number of grade 3 struggling learners shall be used as a proxy for the number of struggling learners in each of kindergarten, grade 1, and grade 2.

(3) (i) “Transitional supplemental instruction” means additional academic support for struggling learners using evidence–based programs and strategies that meet the expectations of strong or moderate evidence as defined in the federal Every Student Succeeds Act.

(ii) “Transitional supplemental instruction” includes:

1. One–on–one and small–group tutoring of not more than four students with a certified teacher, a teaching assistant, or any other trained professional;

2. Cross–age peer tutoring; and

3. Screening, identifying, and addressing literacy deficits.

(4) “Transitional supplemental instruction per pupil amount” means:

(i) For fiscal year 2022, $476;

(ii) For fiscal year 2023, $665;

(iii) For fiscal year 2024, $680;

(iv) For fiscal year 2025, $522;

(v) For fiscal year 2026, $356; and

(vi) For fiscal year 2027 and each fiscal year thereafter, $0.

(b) (1) Each school shall use the funds provided under this section to provide transitional supplemental instruction to struggling learners in kindergarten through grade 3.

(2) (i) Subject to subparagraph (ii) of this paragraph, priority in providing transitional supplemental instruction shall be given to literacy.

(ii) A school district or school may use the funds for additional mathematics instruction if it is determined that this is a priority for the students in the district or school.

(3) A school district or school is encouraged to, on a pilot basis, experiment with new evidence–based means of screening, identifying, and addressing literacy deficits.

(4) An individual who provides transitional supplemental instruction may be employed by the school district.

(5) (i) Each student who receives transitional supplemental instruction shall receive a pre– and post–standardized assessment to evaluate the student’s progress before and after receiving transitional supplemental instruction under this section.

(ii) The requirement that a student receive a pre–standardized assessment for literacy in accordance with subparagraph (i) of this paragraph may be satisfied by conducting the reading screening established in § 4–136 of this article.

(c) (1) Each fiscal year, the State shall distribute the State share for transitional supplemental instruction to each county board.

(2) Each fiscal year, the county board shall distribute to each school the minimum school funding amount for transitional supplemental instruction calculated under § 5–234 of this subtitle.
Md. Code, Economic Development § 5-413 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-413
§5–413.
Status: in_force

(a) The Authority may:

(1) adopt bylaws for the conduct of its business;

(2) adopt a seal;

(3) maintain offices in the State;

(4) sue and be sued in its own name;

(5) retain consultants;

(6) use the services of other governmental agencies;

(7) in accordance with the purposes of this subtitle, contract for and accept a loan or grant from the federal government or the State, a local government, or any of their units or instrumentalities;

(8) acquire, improve, manage, operate, dispose of, or otherwise deal with property, take assignments of rentals and leases, and make contracts, leases, agreements, and arrangements that are necessary or incidental to the performance of the Authority’s duties, on the terms and conditions that it may consider advisable;

(9) acquire or receive assignment of a document executed, obtained, or delivered in connection with financial assistance under this subtitle;

(10) subject to any outstanding agreement the Authority makes under this subtitle, make a covenant or other agreement regarding the Authority’s insurance funds, establish within them accounts to carry out this subtitle, and allocate revenue and receipts among the accounts;

(11) fix, charge, and collect a premium, fee, cost, or other expense related to financial assistance under this subtitle, including an application fee, commitment fee, program fee, finance charge, and publication fee;

(12) authorize the chair, vice chair, or Executive Director to perform, on behalf of the Authority, a duty or prescribe, specify, determine, or approve a detail, document, procedure, or a matter that the Authority, in its sole discretion, determines appropriate to carry out this subtitle; and

(13) do all things necessary or convenient to carry out the powers granted by this subtitle.

(b) The Authority shall:

(1) keep records of its funds and accounts; and

(2) ensure that its funds and accounts are audited annually.

(c) In its internal functions, the Authority shall purchase office space, supplies, facilities, materials, equipment, and professional services in accordance with the State Finance and Procurement Article.

(d) The Authority exercises its powers and performs its duties subject to the authority of the Secretary.
Md. Code, Business Occupations and Professions § 5-608 — MD Code / Article gbo / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

(a) Except as provided in subsection (b) of this section, a school of cosmetology approved by the State Department of Education or the Maryland Higher Education Commission may not allow a student to practice cosmetology on the public.

(b) A school of cosmetology approved by the State Department of Education or the Maryland Higher Education Commission may allow a student to practice cosmetology in accordance with § 5-302 or § 5-303 of this title.
Md. Code, Family Law § 5-527.1 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-527.1
§5–527.
Status: in_force

§5–527.1.

(a) This section applies to children committed to the custody of the Department.

(b) When applying for benefits under this section for a child in the Department’s custody, the Department shall, in cooperation with the child’s attorney, identify a representative payee or fiduciary in accordance with the requirements of 20 C.F.R. §§ 404.2021 and 416.621.

(c) Consistent with federal law, when the Department serves as the representative payee or in any other fiduciary capacity for a child receiving Veterans Administration benefits, Supplemental Security Income, or Social Security benefits, the Department shall:

(1) use or conserve the benefits in the child’s best interest, including using the benefits for services for special needs not otherwise provided by the Department or conserving the benefits for the child’s reasonably foreseeable future needs;

(2) ensure that when the child attains the age of 14 years and until the Department no longer serves as the representative payee or fiduciary, a minimum percentage of the child’s benefits are not used to reimburse the State for the costs of care for the child and are used or conserved in accordance with items (3) and (4) of this subsection, as follows:

(i) from age 14 through age 15, at least 40%;

(ii) from age 16 through age 17, at least 80%; and

(iii) from age 18 through age 20, 100%;

(3) for the child’s benefits or resources that are below or not subject to any federal asset or resource limit, exercise discretion in accordance with federal law and in the best interest of the child to conserve the funds or use the funds for services for special needs not otherwise provided by the Department, including choosing one or more of the options listed under item (4) of this subsection;

(4) appropriately monitor any federal asset or resource limits for the benefits and ensure that the child’s best interest is served by using or conserving the benefits in a way that avoids violating any federal asset or resource limits that would affect the child’s eligibility to receive the benefits, including:

(i) applying to the Social Security Administration to establish a Plan for Achieving Self–Support (PASS) account for the child under the Social Security Act and determining whether it is in the best interest of the child to conserve all or part of the benefits in the PASS account;

(ii) establishing a 529A plan for the child and conserving the child’s benefits in that account in a manner that appropriately avoids any federal asset or resource limits;

(iii) establishing an individual development account for the child and conserving the child’s benefits in that account in a manner that appropriately avoids any federal asset or resource limits;

(iv) establishing a special needs trust for the child and conserving the child’s benefits in the trust in a manner that is consistent with federal requirements for special needs trusts and that appropriately avoids any federal asset or resource limits;

(v) if the Department determines that using the benefits for services for current special needs not already provided by the Department is in the best interests of the child, using the benefits for those services;

(vi) if federal law requires certain back payments of benefits to be placed in a dedicated account, complying with the requirements for dedicated accounts under 20 C.F.R. § 416.640(e); and

(vii) applying any other exclusions from federal asset or resource limits available under federal law and using or conserving the child’s benefits in a manner that appropriately avoids any federal asset or resource limits;

(5) provide an annual accounting to the child and the child’s attorney of how the child’s resources, including Veterans Administration benefits, Supplemental Security Income, and Social Security benefits, have been used or conserved in accordance with this section; and

(6) provide the child with financial literacy training when the child has attained the age of 14 years.

(d) (1) The Department shall immediately notify the child through the child’s attorney of:

(i) any application for Veterans Administration benefits, Supplemental Security Income, or Social Security benefits made on the child’s behalf or any application to become representative payee for those benefits on the child’s behalf;

(ii) any decisions or communications from the Veterans Administration or the Social Security Administration regarding an application for benefits described under item (i) of this paragraph; and

(iii) any appeal or other action requested by the Department regarding an application for benefits described under item (i) of this paragraph.

(2) When the Department serves as the representative payee or otherwise receives Veterans Administration benefits, Supplemental Security Income, or Social Security benefits on the child’s behalf, the Department shall provide notice to the child through the child’s attorney of the following before each juvenile court hearing regarding the child:

(i) the dates and the amount of benefit funds received on the child’s behalf since any prior notification to the child’s attorney; and

(ii) information regarding all the child’s assets and resources, including the child’s benefits, insurance, cash assets, trust accounts, earnings, and other resources.

(e) This section may not be construed to affect any additional notice required by a State court.
Md. Code, General Provisions § 5-701 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

In this subtitle, “compensation”, as to a person whose lobbying is only a part of the person’s employment, means a prorated amount based on the time the person devotes to lobbying and the time the person devotes to other employment.
Md. Code, Human Services § 5-5A-01 — MD Code / Article ghu / Title 5 / Subtitle 5A / Section 5-5A-01
§5–5A–01.
Status: in_force

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

(b) “Energy emergency” means a lack of fuel or the imminent discontinuation of energy services supplied by a fuel vendor or utility vendor that will endanger health, safety, or welfare.

(c) “Fuel vendor” means a person that distributes, transports, produces, or offers for sale coal products, fuel oil, kerosene, bottled gas, propane, or wood for fuel use or consumption in the State.

(d) “Office” means the Office of Home Energy Programs.

(e) “Program” means the Energy Assistance Program.

(f) “Utility vendor” means a person that distributes, transports, or produces natural gas or electricity for use or consumption in the State.
Md. Code, Family Law § 5-3A-13 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-13
§5–3A–13.
Status: in_force

(a) Only a child placement agency may petition for guardianship under this subtitle.

(b) A court may grant guardianship under this subtitle only for a minor.

(c) A petitioner shall attach to a petition:

(1) all written consents for the guardianship that the petitioner has; and

(2) if applicable:

(i) proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and

(ii) certification that the guardianship or relinquishment was granted in compliance with the jurisdiction’s laws.
Md. Code, Corporations and Associations § 5-5A-27 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-27
§5–5A–27.
Status: in_force

The fact that economic activity of a cooperative or of a cooperative’s subsidiaries or related entities is organized under this subtitle may not in itself cause the activity to be considered a conspiracy, a combination in restraint of trade, an illegal monopoly, or an attempt to lessen competition or fix prices arbitrarily.
Md. Code, Business Regulation § 5-901 — MD Code / Article gbr / Title 5 / Subtitle 9 / Section 5-901
§5–901.
Status: in_force

(a) Except as otherwise provided in this title, an individual may not engage in cemetery operations, attempt to engage in cemetery operations, or provide or offer to provide burial space, goods, and services unless the individual is authorized as a registrant.

(b) Except as otherwise provided in this title, an individual may not engage in a burial goods business or attempt to provide burial goods unless the individual is authorized as a registrant.

(c) Except as otherwise provided in this title, an individual may not engage in the operation of a crematory, attempt to engage in the operation of a crematory, or provide or offer to provide cremation services unless the individual is authorized as a registrant.

(d) Except as otherwise provided in this title, an individual may not engage in the operation of a reduction facility, attempt to engage in the operation of a reduction facility, or provide or offer to provide natural organic reduction unless the individual is a registered reduction operator.
Md. Code, State Finance and Procurement § 5-204 — MD Code / Article gsf / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) The Attorney General is legal advisor to the Department.

(b) (1) The Attorney General shall assign to the Department the number of assistant Attorneys General authorized by law to be assigned to the Department and any additional ones necessary to give effective legal advice and counsel.

(2) The Attorney General also shall designate an assistant Attorney General as Counsel to the Department.

(c) (1) The Counsel to the Department may have no duty other than:

(i) to give the legal aid, advice, and counsel required by the Secretary and any other official of the Department;

(ii) to supervise the other assistant Attorneys General assigned to the Department; and

(iii) to perform for the Department the duties that the Attorney General assigns.

(2) The Counsel shall perform these duties subject to the control and supervision of the Attorney General.

(3) After the Attorney General designates the Counsel to the Department, the Attorney General may not reassign the Counsel without consulting the Secretary.
Md. Code, Courts and Judicial Proceedings § 5-641 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-641
§5–641.
Status: in_force

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

(2) “Designated facility” means:

(i) A hospital;

(ii) The office of a medical provider licensed by the State;

(iii) A police department or State Police barracks;

(iv) A professional or volunteer fire company that is insured; or

(v) Any other facility designated by the Secretary of Human Services by regulation.

(3) “Program” means the Maryland Safe Haven Program described under this section.

(b) (1) A person who leaves an unharmed newborn with a responsible adult or at a designated facility within 60 days after the birth of the newborn, as determined within a reasonable degree of medical certainty, and does not express an intent to return for the newborn shall be immune from civil liability or criminal prosecution for the act.

(2) If the person leaving a newborn under this subsection is not the mother of the newborn, the person must have the approval of the mother to do so.

(c) (1) A person with whom a newborn is left under the circumstances described in subsection (b) of this section as soon as reasonably possible shall take the newborn to a designated facility.

(2) A designated facility that accepts a newborn under this subsection shall notify the local department of social services within 24 hours after accepting the newborn.

(3) A designated facility may receive a newborn in a newborn safety device provided that the device is:

(i) Climate controlled;

(ii) Physically affixed to an exterior wall or located inside the designated facility;

(iii) Located in an area that is conspicuous and visible to the employees of the designated facility;

(iv) Clearly marked with appropriate signage; and

(v) Equipped with:

1. An alert system such that when the newborn safety device is opened, it automatically connects to the 9–1–1 system and transmits a request for immediate dispatch of an emergency medical services provider to the location of the newborn safety device;

2. A video surveillance system that allows employees of the designated facility to monitor the interior of the newborn safety device 24 hours a day; and

3. An automated lock that secures the newborn inside the device after deposit.

(d) A responsible adult and a designated facility that accepts a newborn under this section and an employee or agent of the facility shall be immune from civil liability or criminal prosecution for good faith actions taken related to the acceptance of or medical treatment or care of the newborn unless injury to the newborn was caused by gross negligence or willful or wanton misconduct.

(e) Subject to existing funding for the Program, the Secretary of Human Services shall develop, implement, and maintain a public information program to inform the public about the Program, including:

(1) The maintenance of an interactive website that provides pertinent information about the Program, including:

(i) Authorized designated facilities;

(ii) Instructions for the method by which the parent of a newborn may surrender the newborn;

(iii) The manner in which the parent of a newborn surrendered under the Program may anonymously provide information to a local department of social services regarding the medical history of the newborn or the newborn’s family medical history; and

(iv) A method:

1. By which the parent of a newborn surrendered under the Program may reconsider the surrender; and

2. That allows the parent to undergo paternity testing for the purposes of reunification with the newborn;

(2) Promotion of educational and informational materials in print, audio, electronic, and other media formats that describe the mission and purpose of the Program and include the Program’s toll–free telephone number;

(3) Regular distribution of Program literature at:

(i) State and county health department offices;

(ii) Each local department of social services; and

(iii) Each publicly funded educational institution in the State;

(4) Creation and distribution of decals and placards listing designated facilities and the toll–free telephone number of the Program; and

(5) Training for emergency medical service providers, 9–1–1 operators, hospital staff, firefighters, law enforcement officers, or any other employee of a designated facility on how to implement and follow the Program.

(f) The Secretary of Human Services shall adopt regulations to implement the provisions of this section.

(g) On or before December 31, 2025, and each December 31 thereafter, the Secretary of Human Services shall, in accordance with § 2–1257 of the State Government Article, provide a report to the General Assembly on Program metrics, including:

(1) The number of newborns surrendered in the prior year;

(2) The disposition of the custody of each newborn surrendered through the Program in the prior year; and

(3) The cost of maintaining equipment related to and used by the Program.
Md. Code, General Provisions § 5-806 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-806
§5–806.
Status: in_force

The express powers contained in Title 5, Subtitle 2 and Title 10 of the Local Government Article and in Article II of the Charter of the City of Baltimore are intended and shall be deemed to incorporate and include the power and authority contained in this part.
Md. Code, Natural Resources § 5-1505 — MD Code / Article gnr / Title 5 / Subtitle 15 / Section 5-1505
§5–1505.
Status: in_force

(a) Appropriations for the Heritage Conservation Fund may be provided from:

(1) Special bond authorization;

(2) General funds of the State; and

(3) Other sources.

(b) Money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.
Md. Code, Transportation § 5-705.1 — MD Code / Article gtr / Title 5 / Subtitle 7 / Section 5-705.1
§5–705.
Status: in_force

§5–705.1.

(a) In this section, “governing body of a political subdivision” means the Baltimore County Council or the County Commissioners of Carroll County.

(b) If a tower located in Baltimore County or Carroll County is equipped with a fully operational replacement obstruction lighting system that meets applicable State and federal aviation regulations, the governing body of that political subdivision may order the owner of a television or radio transmitting tower that is equipped with a pulsating high intensity white light system, as defined in Federal Communications Commission regulations, to cease nighttime operation of the pulsating high intensity white light system.

(c) A governing body of a political subdivision may issue an order described under subsection (b) of this section only after a public hearing conducted by the governing body.

(d) A governing body that conducts a public hearing under this section shall:

(1) Provide reasonable advance notice of the time, place, and subject matter of the hearing;

(2) Provide a reasonable opportunity for all interested persons to present oral and written comments; and

(3) Notify the Administration at least 10 days before any hearing is held.

(e) The governing body of a political subdivision or a joint board established under Subtitle 6 of this title, shall hold a public hearing under subsection (b) of this section on the petition of at least 50 individuals who:

(1) Reside within the political subdivision and within a 3-mile radius of a television or radio transmitting tower or other structure that is equipped with a pulsating high intensity white light system; and

(2) Claim that the nighttime operation of the pulsating high intensity white light system interferes with the quiet enjoyment of their property.

(f) A political subdivision may grant to an owner who is required to cease operation of a pulsating high intensity white light system under this section, not more than 180 days to convert the pulsating high intensity white light system to a system utilizing red aviation obstruction lights or a dual lighting system as defined in Federal Communications Commission regulations, and which are consistent with other applicable State and federal aviation regulations.

(g) The owner of a pulsating high intensity white light system shall pay the costs of the conversion to a red aviation obstruction or a dual lighting system under this section.
Md. Code, Natural Resources § 5-411 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-411
§5–411.
Status: in_force

A county may levy and appropriate money for purposes of tree planting, care of trees, and forest protection, improvement, management, and purchase.
Md. Code, Family Law § 5-1310 — MD Code / Article gfl / Title 5 / Subtitle 13 / Section 5-1310
§5–1310.
Status: in_force

(a) The Secretary and the Secretary of Budget and Management shall ensure that sufficient numbers of qualified child welfare staff, as specified in § 4–301 of the Human Services Article, are hired and retained in order to achieve caseload ratios in child welfare services consistent with the Child Welfare League of America caseload standards.

(b) The Department, in consultation with an appropriate entity with expertise in child welfare services caseload ratios, shall develop a methodology to calculate caseload ratios in child welfare services for the State.

(c) The Department shall enter into a written contract with an entity that has expertise in child welfare services caseload ratios to annually review the calculation of caseload ratios used by the Department.
Md. Code, Health - General § 5-301 — MD Code / Article ghg / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

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

(b) “Committee” means the Postmortem Examiners Advisory Committee.

(c) “Medical examiner’s case” means a death that a medical examiner is required by law to investigate.

(d) “Office” means the Office of the Chief Medical Examiner.
Md. Code, Corporations and Associations § 5-639 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-639
§5–639.
Status: in_force

A member–regulated cooperative shall:

(1) Implement a net metering program that is consistent with § 7–306 of the Public Utilities Article; and

(2) Use the process established under § 5–640 of this subtitle to resolve complaints related to net metering.
Md. Code, Family Law § 5-3B-04 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-04
§5–3B–04.
Status: in_force

(a) In this section, “order” includes any action that, under the laws of another jurisdiction, has the force and effect of a comparable judicial order under this subtitle.

(b) In accordance with the United States Constitution, this State shall accord full faith and credit to:

(1) an order of another state as to adoption or guardianship in compliance with the other state’s laws; and

(2) termination of parental rights in compliance with the other state’s laws.

(c) As to a jurisdiction other than a state:

(1) an order for adoption or guardianship entered in compliance with the jurisdiction’s laws shall have the same legal effect as an order for adoption or guardianship entered in this State; and

(2) termination of parental rights in compliance with the jurisdiction’s laws shall have the same legal effect as termination of parental rights in this State.

(d) This section may not be construed to require an individual to petition a court in this State for adoption of an adoptee if:

(1) the individual adopted the adoptee in compliance with the laws of a jurisdiction other than a state; and

(2) the United States Citizenship and Immigration Services verifies the validity of that adoption by granting, under the federal Immigration and Nationality Act, an IR-3 visa for the adoptee.
Md. Code, Agriculture § 5-505 — MD Code / Article gag / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

(a) A person may not ship or transport into this State any colony or used bee equipment that is not accompanied by a valid inspection certificate that:

(1) Has been issued by an authorized apiary inspector of the state of origin; and

(2) States that the colony or equipment is disease free based on an inspection by that inspector within a time period as determined by the Department.

(b) Before a person may ship or transport into this State any colony or used bee equipment, the person shall submit the following information to the Department:

(1) An inspection certificate from the state of origin;

(2) The name, address, and state of residence of the shipper;

(3) The person to whom and destination to which the colony or bee equipment is to be shipped;

(4) The number of hives that contain bees;

(5) The type and quantity of bee equipment contained in the shipment;

(6) The date of the last official inspection of the apiary and bee equipment;

(7) The total number of colonies in the apiary inspected;

(8) The number of infected colonies, if any, that were found in the apiary on that last inspection; and

(9) The number of these infected colonies that were destroyed.

(c) Without the prior written permission of the Department, a person may not transport into this State from outside of the United States a bee that belongs to the genus Apis, used bee equipment, or a used appliance.

(d) A person may not ship or transport into this State any queen bee or packaged bee unless it is accompanied by a valid certificate that:

(1) Was issued by an authorized apiary inspector of the state of origin; and

(2) States that the bee is from a disease free colony.

(e) A person, who receives a delivery of a colony or bee that was transported into this State without the document required under this subtitle, immediately shall give to the Department notice of the delivery.

(f) (1) Any colony or bee that is transported into this State in a manner that does not meet the requirements of this subtitle shall be restricted to an area that the Department designates and may not be moved.

(2) The Department shall give the owner notice that unless the colony or bee is removed from the State within 24 hours, it may be destroyed by the Department at the expense of the owner.

(3) The Department may destroy at the expense of the owner any bee or colony that is not removed from this State within 24 hours after notice is given under this subsection.

(g) A transportation company or common carrier shall have the immunity from liability described under § 5–415 of the Courts and Judicial Proceedings Article.
Md. Code, Human Services § 5-5A-08 — MD Code / Article ghu / Title 5 / Subtitle 5A / Section 5-5A-08
§5–5A–08.
Status: in_force

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

(2) “CMN Program” means the Critical Medical Needs Program established under this section.

(3) “Critical medically vulnerable individual” means an individual who:

(i) has a severe health condition that will be aggravated due to the termination or noncontinuation of electric or gas service or needs the use of life–support equipment as documented and certified in accordance with regulations on a certification of serious illness or life support form submitted to the appropriate electric or gas company;

(ii) has or will have their electric or gas service terminated for nonpayment; and

(iii) is unable to complete the energy assistance applications under available energy assistance programs, including energy efficiency programs offered by the Department of Housing and Community Development.

(4) “Navigator” means a representative from a medical facility or from a public or private assistance agency or organization who:

(i) is in personal contact with a critical medically vulnerable individual; and

(ii) assists the critical medically vulnerable individual in the energy assistance application process.

(b) (1) There is a CMN Program in the Office.

(2) The Office shall implement and administer the CMN Program.

(3) In administering the CMN Program, the Office shall partner with the Office of People’s Counsel, the Fuel Fund of Central Maryland, the Cancer Support Foundation, electric and gas companies, nonprofit organizations, other State agencies, the health care community, and any other organization that the Office determines appropriate.

(4) The purpose of the CMN Program is to reduce the barriers to the energy assistance application process for critical medically vulnerable individuals and their households in obtaining State and federal financial assistance for their electric, gas, or other energy source bills so that their electric, gas, or other energy source service continues or is restored.

(c) (1) The CMN Program shall facilitate assistance to critical medically vulnerable individuals and their households in obtaining State and federal financial assistance for their electric, gas, or other energy source bills through navigators.

(2) The Office shall determine qualifications and establish training requirements for navigators.

(3) The Office shall train navigators or facilitate the training of navigators by others.

(d) In accordance with the requirements set forth in the Code of Maryland Regulations, the Office shall work with electric and gas companies to implement, for critical medically vulnerable individuals:

(1) a medical hold on electric or gas service or an expedited process to grant the extension of electric or gas service for those who will have their electric or gas services terminated; and

(2) an expedited process for the restoration of electric or gas service for those who have had their electric or gas service terminated.

(e) If a critical medically vulnerable individual is at least 60 years old and assisted by a navigator when applying to participate in the CMN Program, the Office shall allow the individual 90 days after applying for assistance to provide certification from a medical provider of the severe health condition.

(f) The Office shall establish a tracking system of the status of critical medically vulnerable individuals who participate in the CMN Program.

(g) The Department shall adopt regulations to implement this section.
Md. Code, Public Safety § 5-803 — MD Code / Article gps / Title 5 / Subtitle 8 / Section 5-803
§5–803.
Status: in_force

(a) The Center shall create and maintain a statewide database to track information on crimes committed with crime firearms and firearms surrendered under final protective orders in the State.

(b) Each law enforcement agency shall report to the Center the following information on crimes committed in the jurisdiction of the law enforcement agency with crime firearms:

(1) the number and type of crime firearms;

(2) the jurisdictions where crime firearms are recovered;

(3) the sources of the crime firearms recovered, if discoverable, including:

(i) the federally licensed firearms importer;

(ii) the federally licensed firearms dealer; and

(iii) the first purchaser of the crime firearm;

(4) information regarding the individual found in possession of the crime firearm, including:

(i) the individual’s age;

(ii) the individual’s jurisdiction of residence;

(iii) the jurisdiction where the individual is charged; and

(iv) whether the individual was prohibited from possessing a firearm; and

(5) any other information requested by the Center.

(c) Each law enforcement agency shall report to the Center the following information on firearms surrendered under final protective orders issued in the jurisdiction of the law enforcement agency:

(1) the number and type of firearms;

(2) the jurisdictions where firearms are surrendered; and

(3) information regarding the individual who surrendered each firearm, including:

(i) the individual’s age;

(ii) the individual’s jurisdiction of residence; and

(iii) any other information requested by the Center.

(d) The Center may require a law enforcement agency to report any other information relating to firearm crimes committed in the jurisdiction of the law enforcement agency to assist the Center in the tracking of firearm crimes committed in the State.

(e) The Center shall designate how often law enforcement agencies are required to report the information required under this section.
Md. Code, General Provisions § 5-712 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-712
§5–712.
Status: in_force

The Ethics Commission may require a regulated lobbyist to file any additional report the Ethics Commission determines to be necessary.
Md. Code, Insurance § 5-203 — MD Code / Article gin / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) An insurer shall maintain active life reserves for all health insurance policies.

(b) The active life reserves:

(1) shall place a sound value on the insurer’s liabilities under the health insurance policies;

(2) may not be less than the reserves required by the appropriate standards set forth in regulations that the Commissioner adopts; and

(3) in the aggregate, may not be less than the pro rata gross unearned premiums for the health insurance policies.
Md. Code, Economic Development § 5-441 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-441
§5–441.
Status: in_force

(a) Insurance on bonds or authorized purpose obligations provided before July 1, 2000, shall continue as obligations of the Authority and are authorized under this subtitle.

(b) Financial assistance that the Authority approves, but that is not closed before July 1, 2000, is authorized under this subtitle.

(c) Bonds issued by the Maryland Energy Financing Administration shall continue after December 31, 2001, as obligations of the Authority and are authorized under this subtitle.

(d) Loan guarantees that the Department provided from the former Day Care Loan Guarantee Fund shall continue as obligations of the Authority and are authorized under this subtitle.

(e) Deposit agreements between the Department and a lender under the former Maryland Enterprise Incentive Deposit Fund Program shall continue as obligations of the Authority and are authorized under this subtitle.
Md. Code, Courts and Judicial Proceedings § 5-722 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-722
§5–722.
Status: in_force

(a) In this section, “Board” means the State Board of Professional Counselors and Therapists.

(b) A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
Md. Code, Business Regulation § 5-401 — MD Code / Article gbr / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

(a) Subject to the provisions of this section, a registered cemeterian, registered crematory operator, registered reduction operator, or registered seller may engage in the operation of a cemetery, crematory, reduction facility, or burial goods business as a sole proprietor or through:

(1) a corporation as an officer, director, employee, or agent of the corporation;

(2) a limited liability company as a member, employee, or agent of the limited liability company; or

(3) a partnership as a partner, employee, or agent of the partnership.

(b) Subject to the provisions of this title, a corporation, limited liability company, or partnership may engage in the operation of a cemetery, crematory, reduction facility, or burial goods business through a registered cemeterian, registered crematory operator, registered reduction operator, or registered seller.

(c) (1) A registered cemeterian who engages in the operation of a cemetery through a corporation, limited liability company, or partnership under this title is subject to all of the provisions of this title that relate to engaging in the operation of a cemetery.

(2) A registered crematory operator who engages in the operation of a crematory through a corporation, limited liability company, or partnership under this title is subject to all of the provisions of this title that relate to engaging in the operation of a crematory.

(3) A registered reduction operator who engages in the operation of a reduction facility through a corporation, limited liability company, or partnership under this title is subject to all the provisions of this title that relate to engaging in the operation of a reduction facility.

(4) A registered seller who engages in the operation of a burial goods business through a corporation, limited liability company, or partnership under this title is subject to all of the provisions of this title that relate to providing burial goods services.

(d) (1) A corporation, limited liability company, or partnership that engages in the operation of a cemetery, crematory, reduction facility, or burial goods business under this title is not, by its compliance with this title, relieved of any responsibility that the corporation, limited liability company, or partnership may have for an act or an omission by its officer, director, member, partner, employee, or agent.

(2) An individual who engages in the operation of a cemetery, crematory, reduction facility, or burial goods business through a corporation, limited liability company, or partnership is not, by reason of the individual’s employment or other relationship with the corporation, limited liability company, or partnership, relieved of any individual responsibility that the individual may have regarding that practice.
Md. Code, Human Services § 5-411 — MD Code / Article ghu / Title 5 / Subtitle 4 / Section 5-411
§5–411.
Status: in_force

(a) Except in connection with a criminal proceeding brought under this part, a person may not charge or receive a fee from an applicant, recipient, or any other person:

(1) with respect to an application under this part; or

(2) to represent an applicant or recipient in any proceeding under this part.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Business Regulation § 5-501 — MD Code / Article gbr / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

(a) Except as otherwise provided in this section, a person may not buy, hold, or use, for burial:

(1) more than 100 acres in the State; or

(2) any land within the limits of a municipal corporation in the State, unless authorized to do so by the municipal corporation.

(b) (1) In the Spauldings Election District of Prince George’s County, a person may buy, hold, or use, for burial, up to 125 acres in 1 tract.

(2) In the Laurel Election District of Prince George’s County, a person that operated a cemetery on or before June 1, 1955, may buy, hold, or use, for burial, up to 200 acres in 1 tract.

(3) In the Kent Election District of Prince George’s County, a person may buy, hold, or use, for burial, up to 150 acres in 1 tract.

(c) In Frederick County, a person may buy, hold, or use, for burial, up to 150 acres in 1 tract.

(d) In Baltimore County, a person may buy, hold, or use, for burial, up to 200 acres in 1 tract.
Md. Code, Human Services § 5-320 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-320
§5–320.
Status: in_force

(a) In cooperation with local directors, the Secretary shall establish a mentoring program for former recipients.

(b) (1) The mentoring program may include FIP caseworkers in local departments who volunteer to be mentors.

(2) The Department may contract with other entities under § 5-306 of this subtitle to acquire mentors for former recipients.

(c) Mentoring may include:

(1) providing assistance to resolve workplace problems;

(2) providing workplace adjustment assistance;

(3) job coaching;

(4) providing assistance to develop life skills;

(5) counseling and tutoring; and

(6) any other activities that will help former recipients through the first months that they no longer receive temporary cash assistance.

(d) To be eligible to participate in the mentoring program, an individual shall:

(1) have been a recipient in the previous 6 months;

(2) have been employed; and

(3) have a demonstrated need and desire for assistance in acquiring and maintaining the skills necessary for a lasting exit from temporary cash assistance.

(e) Program participation may not exceed 6 months.

(f) The Secretary may arrange to provide pay or other types of incentives to employees who volunteer to mentor former recipients.

(g) The Secretary’s powers under this section shall be construed liberally.
Md. Code, General Provisions § 5-807 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-807
§5–807.
Status: in_force

(a) Subject to § 5–209 of this title, each county and each municipal corporation shall enact provisions to govern the public ethics of local officials relating to:

(1) conflicts of interest;

(2) financial disclosure; and

(3) lobbying.

(b) Each local ethics commission or appropriate entity shall meet at least one time each year.

(c) On or before October 1 of each year, each local ethics commission or appropriate entity shall:

(1) certify to the Ethics Commission that the county or municipal corporation is in compliance with the requirements of this part for elected local officials; and

(2) submit to the local governing body a report on the administration of the local public ethics laws by the local ethics commission or appropriate entity that includes:

(i) the number of meetings held during the past year;

(ii) written copies of meeting agendas and minutes from each meeting held;

(iii) a copy of the signed and dated attendance sheet from each meeting held; and

(iv) any other documents or information determined by the local ethics commission or appropriate entity to show the work performed during the previous year.
Md. Code, Natural Resources § 5-201 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: reserved

(a) The Department shall promote, administer, and manage every State-owned or leased forest, park, scenic preserve, natural area, parkway, historic monument, and recreation area, administer every law and rule or regulation relating to forests, parks, scenic preserves, natural areas, parkways, historic monuments, recreation areas, fire control, roadside trees, the restoration of deforested or denuded areas, and the operation of the State forest nursery.

(b) Every right, power, duty, obligation, and function conferred upon or exercised by the Department of Forests and Parks is transferred to and exercised by the Department. Every reference to the Department of Forests and Parks which appears in the Code, other laws of the State, or in any ordinance, resolution, rule, regulation, legal action, directive, or document, means the Department.
Md. Code, Health - General § 5-602 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

(a) (1) Any competent individual may, at any time, make a written or electronic advance directive regarding the provision of health care to that individual, or the withholding or withdrawal of health care from that individual.

(2) Notwithstanding any other provision of law, in the absence of a validly executed or witnessed advance directive, any authentic expression made by an individual while competent of the individual’s wishes regarding health care for the individual shall be considered.

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

(ii) “Disqualified person” means:

1. An owner, operator, or employee of a health care facility from which the declarant is receiving health care; or

2. A spouse, parent, child, or sibling of an owner, operator, or employee of a health care facility from which the declarant is receiving health care.

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

(2) Any competent individual may, at any time, make a written or electronic advance directive appointing an agent to make health care decisions for the individual under the circumstances stated in the advance directive.

(3) (i) A disqualified person may not serve as a health care agent unless the person:

1. Would qualify as a surrogate decision maker under § 5–605(a) of this subtitle; or

2. Was appointed by the declarant before the date on which the declarant received, or contracted to receive, health care from the facility.

(ii) An individual may not serve as a health care agent if:

1. The individual is the subject of an interim, temporary, or final protective order and the declarant is a person eligible for relief under the order; or

2. Except as provided in subparagraph (iii) of this paragraph, the individual is the spouse of the declarant and:

A. The individual and declarant have executed a separation agreement; or

B. The individual or declarant has filed an application for divorce.

(iii) An individual may serve as a health care agent for a declarant after the date of the execution of a separation agreement or the filing of an application for divorce if the declarant:

1. Is able to make a decision about the individual’s appointment as the declarant’s health care agent; or

2. Has otherwise indicated an intent to have the individual serve as the declarant’s health care agent.

(4) An agent appointed under this subtitle has decision making priority over any individuals otherwise authorized under this subtitle to make health care decisions for a declarant.

(5) A person who obtains new information that would prohibit an individual from serving as a declarant’s health care agent under paragraph (3)(ii) of this subsection shall provide the information to any health care provider or health care facility providing services to the declarant.

(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph or paragraph (3) of this subsection, a written or electronic advance directive shall be dated, signed by or at the express direction of the declarant, and subscribed by two witnesses in the physical presence or electronic presence of the declarant.

(ii) A written or electronic advance directive signed and witnessed in conformance with the provisions of Executive Order 20.04.10.01, authorizing remote witnessing and electronic signing of certain documents, shall be deemed to have been signed and witnessed in conformity with this subsection if the advance directive was signed and witnessed during the time that the executive order was in effect.

(2) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, any competent individual may serve as a witness to an advance directive, including an employee of a health care facility, nurse practitioner, physician assistant, or physician caring for the declarant if acting in good faith.

(ii) The health care agent of the declarant may not serve as a witness.

(iii) At least one of the witnesses must be an individual who is not knowingly entitled to any portion of the estate of the declarant or knowingly entitled to any financial benefit by reason of the death of the declarant.

(3) The State–designated health information exchange may accept as valid an unwitnessed electronic advance directive in the form of a video record or file to state the declarant’s wishes regarding health care for the declarant or to appoint an agent if the video record or file:

(i) Is dated; and

(ii) Is stored in an electronic file by an electronic advance directives service recognized by the Maryland Health Care Commission.

(d) (1) Any competent individual may make an oral advance directive to authorize the providing, withholding, or withdrawing of any life–sustaining procedure or to appoint an agent to make health care decisions for the individual.

(2) An oral advance directive shall have the same effect as a written or electronic advance directive if made in the presence of the attending physician, physician assistant, or nurse practitioner and one witness and if the substance of the oral advance directive is documented as part of the individual’s medical record. The documentation shall be dated and signed by the attending physician, physician assistant, or nurse practitioner and the witness.

(e) (1) Unless otherwise provided in the document, an advance directive shall become effective when the declarant’s attending physician and a second physician certify in writing that the patient is incapable of making an informed decision.

(2) If a patient is unconscious, or unable to communicate by any means, the certification of a second physician is not required under paragraph (1) of this subsection.

(f) (1) It shall be the responsibility of the declarant to notify the attending physician that an advance directive has been made. In the event the declarant becomes comatose, incompetent, or otherwise incapable of communication, any other person may notify the physician of the existence of an advance directive.

(2) An attending physician who is notified of the existence of the advance directive shall promptly:

(i) If the advance directive is written or electronic, make the advance directive or a copy of the advance directive a part of the declarant’s medical records; or

(ii) If the advance directive is oral, make the substance of the advance directive, including the date the advance directive was made and the name of the attending physician, a part of the declarant’s medical records.

(g) It shall be the responsibility of the declarant to notify a health care agent that the agent has been named in an advance directive to act on the declarant’s behalf.

(h) Unless otherwise provided in the patient’s advance directive, a patient’s agent shall act in accordance with the provisions of § 5–605(c) of this subtitle.

(i) The absence of an advance directive creates no presumption as to the patient’s intent to consent to or refuse life–sustaining procedures.
Md. Code, General Provisions § 5-507 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-507
§5–507.
Status: in_force

Except in the discharge of an official duty, an official or employee or a former official or employee may not disclose or use confidential information acquired by reason of the individual’s public position or former public position and not available to the public:

(1) for personal economic benefit; or

(2) for the economic benefit of another.
Md. Code, Corporations and Associations § 5-6B-25 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-25
§5–6B–25.
Status: in_force

(a) Notwithstanding language contained in the governing documents of a cooperative housing corporation, the board of directors of the cooperative housing corporation may authorize members to submit a vote or proxy by electronic transmission if the electronic transmission contains information that verifies that the vote or proxy is authorized by the member or the member’s proxy.

(b) If the governing documents of the cooperative housing corporation require voting by secret ballot and the anonymity of voting by electronic transmission cannot be guaranteed, voting by electronic transmission shall be permitted if members have the option of casting anonymous printed ballots.
Md. Code, Human Services § 5-5B-05 — MD Code / Article ghu / Title 5 / Subtitle 5B / Section 5-5B-05
§5–5B–05.
Status: in_force

(a) An application for assistance under this subtitle shall be made:

(1) to the local department of the county where the applicant resides; and

(2) in the form and manner that the Administration requires.

(b) An application for assistance under this subtitle shall include a medical form that:

(1) contains the name and estimated duration of the applicant’s impairment; and

(2) is signed by a licensed health care provider.
Md. Code, Family Law § 5-4C-02 — MD Code / Article gfl / Title 5 / Subtitle 4C / Section 5-4C-02
§5–4C–02.
Status: in_force

The purpose of this subtitle is to:

(1) establish within the Administration a Mutual Consent Voluntary Adoption Registry where natural parents, adoptees, and natural siblings may register if they wish to have identifying information released to each other; and

(2) provide for the disclosure of identifying information to natural parents, adoptees, and natural siblings who have registered with the Mutual Consent Voluntary Adoption Registry.
Md. Code, Economic Development § 5-1804 — MD Code / Article gec / Title 5 / Subtitle 18 / Section 5-1804
§5–1804.
Status: in_force

A loan qualifies under the Program if the loan:

(1) satisfies the lending criteria of the financial institution;

(2) has a term not exceeding 10 years;

(3) may be short or long term, have fixed or variable rates, and be secured or unsecured; and

(4) does not exceed $250,000.
Md. Code, State Finance and Procurement § 5-7B-01 — MD Code / Article gsf / Title 5 / Subtitle 7B / Section 5-7B-01
§5–7B–01.
Status: in_force

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

(b) “Funding” includes any form of assurance, guarantee, grant payment, credit, tax credit, or other assistance, including a loan, loan guarantee, or reduction in the principal obligation of, or rate of interest payable on, a loan or a portion of a loan.

(c) (1) “Growth–related project” means only the items set forth below:

(i) any major capital project as defined in § 2–103.1(a)(4) of the Transportation Article, except existing transportation facilities projects as defined in § 4–101(h) of the Transportation Article, project planning as defined in § 8–610(i) of the Transportation Article, or initial project planning as defined in § 8–610(e) of the Transportation Article;

(ii) funding by the Department of Housing and Community Development for:

1. construction or purchase of newly constructed single family homes or purchase of loans for newly constructed single family homes under Title 4, Subtitle 2, Subtitle 3, or Subtitle 8 of the Housing and Community Development Article;

2. acquisition or construction of newly constructed multifamily rental housing under Title 4, Subtitle 2, Subtitle 4, or Subtitle 15 of the Housing and Community Development Article; or

3. State–funded neighborhood revitalization projects under Title 6 of the Housing and Community Development Article;

(iii) funding by the Department of Commerce under any of the following:

1. the Maryland Industrial Development Financing Authority, authorized under Title 5, Subtitle 4 of the Economic Development Article;

2. the Maryland Small Business Development Financing Authority, authorized under Title 5, Subtitle 5 of the Economic Development Article;

3. the former Maryland Energy Financing Act, authorized under former Article 83A, Title 6, Subtitle 4 of the Code, succeeded by the Maryland Industrial Development Financing Authority;

4. the Economic Development Opportunities Program Fund, authorized under § 7–314 of this article;

5. the former Maryland Competitive Advantage Financing Fund, authorized under former Article 83A, Title 5, Subtitle 13 of the Code; and

6. the Maryland Economic Development Assistance Authority and Fund, authorized under Title 5, Subtitle 3 of the Economic Development Article;

(iv) funding by the Department of the Environment, for any project under:

1. §§ 9–1601 through 9–1605 (Water Quality Revolving Loan Fund) of the Environment Article except for funding nonpoint source pollution projects;

2. §§ 9–420 through 9–426 (Water Supply Financial Assistance Program) of the Environment Article; and

3. the supplemental assistance program authorized under Title 9, Subtitle 3, Part VI of the Environment Article; and

(v) except as provided in paragraph (2) of this subsection, procurement or funding of projects by the Department of General Services for:

1. leases of property by the State governed by §§ 4–318 through 4–321 of this article; and

2. land acquisition governed by §§ 4–411 through 4–416 of this article.

(2) “Growth–related project” does not include:

(i) projects by the Department of General Services for maintenance, repair, additions, or renovations to existing facilities, acquisition of land for telecommunications towers, parks, conservation and open space, and acquisition of agricultural, conservation, and historic easements;

(ii) funding by the Department of Housing and Community Development for any project financed with federal money used to purchase or rehabilitate existing single or multifamily housing or project financed with the proceeds of revenue bonds issued by the Community Development Administration if:

1. the Secretary of Housing and Community Development determines that application of this section:

A. conflicts with any provision of federal or State law applicable to the issuance or tax–exempt status of the bonds;

B. conflicts with any provision of any trust agreement between the Community Development Administration and any trustee; or

C. would otherwise prohibit financing of an existing project, or financing provided to cure or prevent any default under existing financing; or

2. the revenue bonds are issued under a transfer of the Maryland State ceiling to the Administration by a county under Title 13, Subtitle 8 of the Financial Institutions Article;

(iii) acquisition of land by the Department of Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article; or

(iv) any other project, funding, or other State assistance not listed under paragraph (1) of this subsection.

(d) “Limited peripheral development” means development that is contiguous to an existing community and does not increase the size of the existing community or village by more than 10% of the existing number of dwelling units.

(e) “Locally designated growth area” means an area determined by the county to be suitable for development in compliance with Title 1, Subtitle 4 or Title 3 of the Land Use Article.

(f) “Rural village” means a rural village, village center, or other unincorporated area that is primarily residential, including an area with historic qualities, that is located in an otherwise rural or agricultural area and for which new growth, if any, would derive primarily from in–fill development or limited peripheral expansion.

(g) “Technical assistance” means the provision of advice, consultation, training, information, or design, or architectural, organizational, or management assistance.
Md. Code, General Provisions § 5-401 — MD Code / Article ggp / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

(a) (1) Any entity may file with the Ethics Commission a written complaint alleging a violation of this title.

(2) A complaint filed under this subsection shall be:

(i) signed; and

(ii) made under oath.

(b) The Ethics Commission on its own motion may issue a complaint alleging a violation of this title.

(c) The Ethics Commission shall promptly transmit a copy of the complaint to the respondent.
Md. Code, Economic Development § 5-1807 — MD Code / Article gec / Title 5 / Subtitle 18 / Section 5-1807
§5–1807.
Status: in_force

The Department may adopt regulations to carry out this subtitle.
Md. Code, Family Law § 5-3A-23 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-23
§5–3A–23.
Status: in_force

(a) (1) A child placement agency shall file a written report with a court with jurisdiction over a child whenever:

(i) the child placement agency fails to place the child for adoption with a preadoptive parent, as defined in § 3-823(i)(1) of the Courts Article:

1. within 270 days after being awarded guardianship; or

2. within 180 days after permanently removing the child from another placement; or

(ii) a court does not enter a final order of adoption within 2 years after the placement.

(2) A report under this subsection shall state each reason for the delay in placement or adoption.

(b) (1) Whenever a child placement agency files a report under this section, the child placement agency shall mail notice of the child’s status:

(i) to each of the child’s living parents who has not waived the right to notice and, if represented, counsel; and

(ii) if a court appointed counsel for the child under this subtitle, to the child’s last attorney of record.

(2) A waiver of rights under this subsection is not valid unless the waiver appears expressly in:

(i) the parent’s consent to guardianship; and

(ii) the guardianship order.

(c) (1) Whenever a court receives a report under this section, the court shall hold a hearing to:

(i) review the progress that the child placement agency has made toward adoption of the child; and

(ii) take all actions that the court considers to be in the child’s best interests.

(2) Each year after a hearing under paragraph (1) of this subsection until the court’s jurisdiction terminates, the court shall hold another review hearing.
Md. Code, Natural Resources § 5-1613 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1613
§5–1613.
Status: in_force

On or before September 30 of each year, the Department shall submit, subject to § 2–1257 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee a statewide report, compiled from local authorities’ reports to the Department, on:

(1) The number, location, and type of projects subject to the provisions of this subtitle;

(2) The amount and location of acres cleared, conserved, and planted, including any areas which utilize forest mitigation bank credits or areas located in the 100 year floodplain, in connection with a development project;

(3) The amount of reforestation and afforestation fees and noncompliance penalties collected and expended, the number of acres for which the fees were collected, and the number of acres reforested, afforested, or conserved using the fees;

(4) The costs of implementing the forest conservation program;

(5) The size, location, and protection of any local forest mitigation banks which are created under a local or State program;

(6) The number, location, and type of violations and type of enforcement activity conducted in accordance with this subtitle; and

(7) To the extent practicable, the size and location of all conserved and planted forest areas, submitted in an electronic geographic information system or computer aided design format.
Md. Code, Business Regulation § 5-405 — MD Code / Article gbr / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

Except for a cemetery in which no burials have taken place within the previous 5 years, a cemetery that is exempt under § 5-102 of this title from the registration and permitting requirements of this title shall file with the Office, once every 2 years, a statement that includes:

(1) the name and address of the cemetery;

(2) the name and address of the organization that owns and operates the cemetery; and

(3) the name and address of the individual who is responsible for the oversight of the cemetery.
Md. Code, Economic Development § 5-561 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-561
§5–561.
Status: in_force

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

(b) “Fund” means the Small Business Surety Bond Fund.

(c) “Principal” means a small business entity that has assets, income, or employees that do not exceed limits that the Authority sets by regulation.

(d) “Program” means the Small Business Surety Bond Program.
Md. Code, General Provisions § 5-610 — MD Code / Article ggp / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

(a) In accordance with its administrative authority over the Judicial Branch under the Maryland Constitution, the Supreme Court of Maryland shall adopt and administer rules that require each individual specified in § 5–601(b) of this subtitle to file a statement periodically that discloses, as a public record, the information concerning the individual’s financial affairs that the court considers necessary or appropriate to promote continued trust and confidence in the integrity of the Judicial Branch.

(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, each candidate for nomination for or election to a judgeship shall file the statement specified in subsection (a) of this section no later than the time the candidate files a certificate of candidacy.

(ii) This paragraph does not require the filing of a statement for any year covered in full by a statement filed by the individual under subsection (a) of this section.

(2) The statement shall:

(i) cover the calendar year immediately preceding the year in which the certificate of candidacy is filed; and

(ii) be filed with the election board with which the certificate of candidacy is filed.

(3) An election board may not accept a certificate of candidacy or certificate of nomination of a candidate covered by this subsection unless the candidate has filed each statement required by this section.

(4) An election board, within 30 days after receiving a statement under this subsection, shall forward the statement to the entity designated by the Supreme Court of Maryland to receive the statements filed under subsection (a) of this section.

(c) Within 30 days after receiving a statement under this section, the Supreme Court of Maryland or its designee shall transmit a copy of the statement to the Ethics Commission.
Md. Code, Courts and Judicial Proceedings § 5-804 — MD Code / Article gcj / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

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

(2) “Cave” has the meaning stated in § 5-1401 of the Natural Resources Article.

(3) “Commercial cave” has the meaning stated in § 5-1401 of the Natural Resources Article.

(4) “Owner” has the meaning stated in § 5-1401 of the Natural Resources Article.

(5) “Person” has the meaning stated in § 5-1401 of the Natural Resources Article.

(b) An owner of a cave or the owner’s authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of the cave.

(c) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless:

(1) The injury is sustained as a result of the owner’s negligence in connection with the providing and maintaining of trails, stairs, electrical wires, or other modifications; and

(2) The negligence is the proximate cause of the injury.
Md. Code, Corporations and Associations § 5-523 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-523
§5–523.
Status: in_force

A cooperative may be a member of any other cooperative.
Md. Code, State Personnel and Pensions § 5-208 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-208
§5–208.
Status: in_force

(a) All personnel actions concerning an employee in the Executive Branch of State government shall be made in accordance with § 2–302 of this article.

(b) Personnel actions concerning an employee or applicant for employment in the skilled service or professional service of the State Personnel Management System or comparable position in an independent personnel system in the Executive Branch of State government shall also be made without regard to:

(1) political affiliation, belief, or opinion; or

(2) any other nonmerit factor.

(c) All personnel actions concerning an employee or applicant in the management service shall also be made without regard to the employee’s political affiliation, belief, or opinion.

(d) (1) Except as provided in paragraph (2) of this subsection, personnel actions concerning special appointments or applicants for special appointment in the State Personnel Management System or comparable positions in an independent personnel system in the Executive Branch of State government shall be made without regard to political affiliation, belief, or opinion.

(2) For the positions that are designated by the Secretary under § 4–201(c)(2)(ii) of this article or by the Secretary of Transportation under § 2–103.4(b)(2) of the Transportation Article, personnel actions concerning special appointments or applicants for special appointment in the State Personnel Management System or comparable positions in an independent personnel system in the Executive Branch of State government may be made with regard to political affiliation, belief, or opinion.

(e) The protections of this section are in addition to whatever legal or constitutional protections an employee or applicant has.
Md. Code, Criminal Law § 5-601.2 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-601.2
§5–601.
Status: in_force

§5–601.2.

(a) A person may not cultivate cannabis plants in a manner that is contrary to this section.

(b) Cannabis plants may not be cultivated in a location where the plants are subject to public view, including a view from another private property, without the use of binoculars, aircraft, or other optical aids.

(c) (1) In this subsection, “reasonable precautions” includes cultivating cannabis in an enclosed locked space to which persons under the age of 21 years do not possess a key.

(2) A person who cultivates cannabis shall take reasonable precautions to ensure the plants are secure from unauthorized access and access by a person under the age of 21 years.

(d) Cannabis cultivation may occur only on property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property.

(e) A person under the age of 21 years may not cultivate cannabis plants.

(f) (1) A person may not cultivate more than two cannabis plants.

(2) If two or more persons at least 21 years old reside at the same residence, no more than two cannabis plants may be cultivated at that residence.

(g) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Md. Code, Agriculture § 5-311 — MD Code / Article gag / Title 5 / Subtitle 3 / Section 5-311
§5–311.
Status: in_force

(a) No nurseryman, broker, dealer, or other person may sell, ship, send, donate by mail, express, freight, or otherwise distribute nursery stock from any nursery or orchard, unless it is accompanied by a copy of the Department certificate printed on a tag or label that is not easily destroyed.

(b) The tag or label shall be firmly attached in a conspicuous position on each carload, box, bale, or package sent or delivered.
Md. Code, Economic Development § 5-332 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-332
§5–332.
Status: in_force

(a) A local government shall use a grant under this part:

(1) to provide loans or loan guarantees, or to subsidize the interest rate on loans, for financing economic development projects; or

(2) to provide loans to small businesses.

(b) The Department may require that money from a grant under this part be returned to the Department if the local economic development fund is inactive for more than 2 years after the grant is made.
Md. Code, Natural Resources § 5-9B-06 — MD Code / Article gnr / Title 5 / Subtitle 9B / Section 5-9B-06
§5–9B–06.
Status: in_force

(a) The Department of Natural Resources shall:

(1) Provide technical support and assistance to local governments in the development of local land preservation programs, including mapping, and identification of smaller parcels that may be aggregated for protection under local land preservation programs;

(2) Adopt criteria for distributing available State funding to local land preservation programs in accordance with the purposes of this subtitle;

(3) Assist sponsors to coordinate land preservation efforts in their regions under local land preservation and recreation plans with related efforts under Program Open Space, the Rural Legacy Program, the Heritage Area Program, the Agricultural Land Preservation Program, and the GreenPrint Program; and

(4) Consult with other federal, State, and local units and private land trusts in order to facilitate conservation efforts under this subtitle.

(b) The purposes of the criteria adopted under subsection (a) of this section include:

(1) Preservation of open space;

(2) Containment of sprawl development; and

(3) Improvement of water quality in the Chesapeake Bay and other watersheds of the State.

(c) The criteria shall be based on:

(1) The current population of participating jurisdictions and adjacent areas;

(2) Projected population growth in those areas;

(3) The sensitivity of surface and ground waters in and derived from those areas to degradation from point and nonpoint source pollution; and

(4) Giving higher priority to applications for the protection of lands and land uses that provide the highest level of protection for water quality.

(d) The criteria shall be used at the start of each fiscal year to allocate funding available to local programs in participating local governments in order to provide for appropriate and timely deliberation and review of eligible proposals for acquisition by each participating local government.

(e) The Department may initially establish allocations of available funding based on the funding that is made available to each participating local government under Program Open Space in the same proportion that the local government receives Program Open Space funding in relation to the Program Open Space allocations of all participating local governments.
Md. Code, Family Law § 5-711 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-711
§5–711.
Status: in_force

As needed by the local department as part of its investigation under this subtitle or to provide appropriate services in the best interests of the child who is the subject of a report of child abuse or neglect, upon request, the local department shall receive copies of a child’s medical records from any provider of medical care.
Md. Code, Financial Institutions § 5-904 — MD Code / Article gfi / Title 5 / Subtitle 9 / Section 5-904
§5–904.
Status: in_force

(a) A bank holding company that proposes to make an acquisition under this subtitle shall:

(1) File with the Commissioner an application in the form that the Commissioner requires;

(2) Pay to the Commissioner an application fee of $1,500; and

(3) Submit proof that the applicant has complied with all public notice and publication requirements applicable under the Bank Holding Company Act.

(b) To the extent consistent with the effective discharge of the Commissioner’s responsibilities, the forms established under this subtitle for application, notice, and reporting shall conform to those established under the Bank Holding Company Act.
Md. Code, Criminal Procedure § 5-202 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) A District Court commissioner may not authorize pretrial release for a defendant charged with escaping from a correctional facility or any other place of confinement in the State.

(b) (1) A District Court commissioner may not authorize the pretrial release of a defendant charged as a drug kingpin under § 5–613 of the Criminal Law Article.

(2) A judge may authorize the pretrial release of a defendant charged as a drug kingpin on suitable bail and on any other conditions that will reasonably ensure that the defendant will not flee or pose a danger to another person or the community.

(3) There is a rebuttable presumption that, if released, a defendant charged as a drug kingpin will flee and pose a danger to another person or the community.

(c) (1) A District Court commissioner may not authorize the pretrial release of a defendant charged with a crime of violence if the defendant has been previously convicted:

(i) in this State of a crime of violence;

(ii) in any other jurisdiction of a crime that would be a crime of violence if committed in this State; or

(iii) of an offense listed in subsection (f)(1) of this section.

(2) (i) A judge may authorize the pretrial release of a defendant described in paragraph (1) of this subsection on:

1. suitable bail;

2. any other conditions that will reasonably ensure that the defendant will not flee or pose a danger to another person or the community; or

3. both bail and other conditions described under item 2 of this subparagraph.

(ii) When a defendant described in paragraph (1) of this subsection is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued detention of the defendant if the judge determines that neither suitable bail nor any condition or combination of conditions will reasonably ensure that the defendant will not flee or pose a danger to another person or the community before the trial.

(3) There is a rebuttable presumption that a defendant described in paragraph (1) of this subsection will flee and pose a danger to another person or the community.

(d) (1) A District Court commissioner may not authorize the pretrial release of a defendant charged with committing one of the following crimes while the defendant was released on bail or personal recognizance for a pending prior charge of committing one of the following crimes:

(i) aiding, counseling, or procuring arson in the first degree under § 6–102 of the Criminal Law Article;

(ii) arson in the second degree or attempting, aiding, counseling, or procuring arson in the second degree under § 6–103 of the Criminal Law Article;

(iii) burglary in the first degree under § 6–202 of the Criminal Law Article;

(iv) burglary in the second degree under § 6–203 of the Criminal Law Article;

(v) burglary in the third degree under § 6–204 of the Criminal Law Article;

(vi) causing abuse to a child under § 3–601 or § 3–602 of the Criminal Law Article;

(vii) a crime that relates to a destructive device under § 4–503 of the Criminal Law Article;

(viii) a crime that relates to a controlled dangerous substance under §§ 5–602 through 5–609 or § 5–612 or § 5–613 of the Criminal Law Article;

(ix) manslaughter by vehicle or vessel under § 2–209 of the Criminal Law Article; and

(x) a crime of violence.

(2) A defendant under this subsection remains ineligible to give bail or be released on recognizance on the subsequent charge until all prior charges have finally been determined by the courts.

(3) A judge may authorize the pretrial release of a defendant described in paragraph (1) of this subsection on suitable bail and on any other conditions that will reasonably ensure that the defendant will not flee or pose a danger to another person or the community.

(4) There is a rebuttable presumption that a defendant described in paragraph (1) of this subsection will flee and pose a danger to another person or the community if released before final determination of the prior charge.

(e) (1) A District Court commissioner may not authorize the pretrial release of a defendant charged with violating:

(i) the provisions of a temporary protective order described in § 4–505(a)(2)(i) of the Family Law Article or the provisions of a protective order described in § 4–506(d)(1) of the Family Law Article that order the defendant to refrain from abusing or threatening to abuse a person eligible for relief; or

(ii) the provisions of an order for protection, as defined in § 4–508.1 of the Family Law Article, issued by a court of another state or of a Native American tribe that order the defendant to refrain from abusing or threatening to abuse a person eligible for relief, if the order is enforceable under § 4–508.1 of the Family Law Article.

(2) A judge may allow the pretrial release of a defendant described in paragraph (1) of this subsection on:

(i) suitable bail;

(ii) any other conditions that will reasonably ensure that the defendant will not flee or pose a danger to another person or the community; or

(iii) both bail and other conditions described under item (ii) of this paragraph.

(3) When a defendant described in paragraph (1) of this subsection is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued detention of the defendant if the judge determines that neither suitable bail nor any condition or combination of conditions will reasonably ensure that the defendant will not flee or pose a danger to another person or the community before the trial.

(f) (1) A District Court commissioner may not authorize the pretrial release of a defendant charged with one of the following crimes if the defendant has previously been convicted of a crime of violence or one of the following crimes:

(i) wearing, carrying, or transporting a handgun under § 4–203 of the Criminal Law Article;

(ii) use of a handgun or an antique firearm in commission of a crime under § 4–204 of the Criminal Law Article;

(iii) violating prohibitions relating to assault weapons under § 4–303 of the Criminal Law Article;

(iv) use of a machine gun in a crime of violence under § 4–404 of the Criminal Law Article;

(v) use of a machine gun for an aggressive purpose under § 4–405 of the Criminal Law Article;

(vi) use of a weapon as a separate crime under § 5–621 of the Criminal Law Article;

(vii) possession of a regulated firearm under § 5–133 of the Public Safety Article;

(viii) transporting a regulated firearm for unlawful sale or trafficking under § 5–140 of the Public Safety Article; or

(ix) possession of a rifle or shotgun by a person with a mental disorder under § 5–205 of the Public Safety Article.

(2) (i) A judge may authorize the pretrial release of a defendant described in paragraph (1) of this subsection on:

1. suitable bail;

2. any other conditions that will reasonably ensure that the defendant will not flee or pose a danger to another person or the community; or

3. both bail and other conditions described under item 2 of this subparagraph.

(ii) When a defendant described in paragraph (1) of this subsection is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued detention of the defendant if the judge determines that neither suitable bail nor any condition or combination of conditions will reasonably ensure that the defendant will not flee or pose a danger to another person or the community before the trial.

(3) There is a rebuttable presumption that a defendant described in paragraph (1) of this subsection will flee and pose a danger to another person or the community.

(g) (1) A District Court commissioner may not authorize the pretrial release of a defendant who:

(i) is registered, or the commissioner knows is required to register, under Title 11, Subtitle 7 of this article; or

(ii) is a sex offender who is required to register by another jurisdiction, a federal, military, or tribal court, or a foreign government.

(2) (i) A judge may authorize the pretrial release of a defendant described in paragraph (1) of this subsection on:

1. suitable bail;

2. any other conditions that will reasonably ensure that the defendant will not flee or pose a danger to another person or the community; or

3. both bail and other conditions described under item 2 of this subparagraph.

(ii) When a defendant described in paragraph (1) of this subsection is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued detention of the defendant if the judge determines that neither suitable bail nor any condition or combination of conditions will reasonably ensure that the defendant will not flee or pose a danger to another person or the community before the trial.

(3) There is a rebuttable presumption that a defendant described in paragraph (1) of this subsection will flee and pose a danger to another person or the community.
Md. Code, Natural Resources § 5-1005 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1005
§5–1005.
Status: in_force

(a) The 1,310 acres of land in Baltimore County delineated on maps filed in the office of the Secretary as Black Marsh, being owned by the State shall be:

(1) Designated as the North Point State Park; and

(2) Held by the State as a State park under the protection and administration of the Department.

(b) Any use that may occur in the North Point State Park shall be subject to all applicable laws, including the applicable sections of the Critical Areas Law under Title 8, Subtitle 18 of this article.

(c) If the Department uses pest management controls in the North Point State Park, it shall give priority consideration to the use of natural controls as an alternative to other pest management controls.
Md. Code, Agriculture § 5-803 — MD Code / Article gag / Title 5 / Subtitle 8 / Section 5-803
§5–803.
Status: in_force

The Secretary, upon receipt of a complaint of a nuisance bird problem, may make an investigation to determine the degree and type of assistance required. If necessary after the investigation, the Secretary shall recommend approved means and methods of population management.
Md. Code, Family Law § 5-701 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: reserved

(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the following words have the meanings indicated.

(b) (1) “Abuse” means:

(i) the physical or mental injury of a child under circumstances that indicate that the child’s health or welfare is harmed or at substantial risk of being harmed by:

1. a parent;

2. a household member or family member;

3. a person who has permanent or temporary care or custody of the child;

4. a person who has responsibility for supervision of the child; or

5. a person who, because of the person’s position or occupation, exercises authority over the child;

(ii) sexual abuse of a child, whether physical injuries are sustained or not; or

(iii) labor trafficking of a child by any individual.

(2) “Abuse” does not include the physical injury of a child by accidental means.

(c) “Administration” means the Social Services Administration of the Department.

(d) “Centralized confidential database” means the Department’s confidential computerized data system that contains information regarding child abuse and neglect investigations and assessments.

(e) “Child” means any individual under the age of 18 years.

(f) Repealed.

(g) (1) “Educator or human service worker” means any professional employee of any correctional, public, parochial or private educational, health, juvenile service, social or social service agency, institution, or licensed facility.

(2) “Educator or human service worker” includes:

(i) any teacher;

(ii) any counselor;

(iii) any social worker;

(iv) any caseworker; and

(v) any probation or parole officer.

(h) “Family member” means a relative by blood, adoption, or marriage of a child.

(i) (1) “Health practitioner” includes any person who is authorized to practice healing under the Health Occupations Article or § 13–516 of the Education Article.

(2) “Health practitioner” does not include an emergency medical dispatcher.

(j) “Household” means the location:

(1) in which the child resides;

(2) where the abuse or neglect is alleged to have taken place; or

(3) where the person suspected of abuse or neglect resides.

(k) “Household member” means a person who lives with, or is a regular presence in, a home of a child at the time of the alleged abuse or neglect.

(l) “Indicated” means a finding that there is credible evidence, which has not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur.

(m) “Labor trafficking” means knowingly:

(1) taking, placing, harboring, persuading, inducing, or enticing a child by force, fraud, or coercion to provide services or labor; or

(2) receiving a benefit or thing of value from the provision of services or labor by a child that was induced by force, fraud, or coercion.

(n) (1) “Law enforcement agency” means a State, county, or municipal police department, bureau, or agency.

(2) “Law enforcement agency” includes:

(i) a State, county, or municipal police department or agency;

(ii) a sheriff’s office;

(iii) a State’s Attorney’s office; and

(iv) the Attorney General’s office.

(o) Except as provided in §§ 5–705.1 and 5–714 of this subtitle, “local department” means the local department that has jurisdiction in the county:

(1) where the allegedly abused or neglected child lives; or

(2) if different, where the abuse or neglect is alleged to have taken place.

(p) “Local department case file” means that component of the Department’s confidential computerized database that contains information regarding child abuse and neglect investigations to which access is limited to the local department staff responsible for the investigation.

(q) “Local State’s Attorney” means the State’s Attorney for the county:

(1) where the allegedly abused or neglected child lives; or

(2) if different, where the abuse or neglect is alleged to have taken place.

(r) “Mental injury” means the observable, identifiable, and substantial impairment of a child’s mental or psychological ability to function caused by an intentional act or series of acts, regardless of whether there was an intent to harm the child.

(s) “Neglect” means the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate:

(1) that the child’s health or welfare is harmed or placed at substantial risk of harm; or

(2) mental injury to the child or a substantial risk of mental injury.

(t) “Police officer” means any State or local officer who is authorized to make arrests as part of the officer’s official duty.

(u) “Record” means the original or any copy of any documentary material, in any form, including a report of suspected child abuse or neglect, that is made by, received by, or received from the State, a county, or a municipal corporation in the State, or any subdivision or agency concerning a case of alleged child abuse or neglect.

(v) “Report” means an allegation of abuse or neglect, made or received under this subtitle.

(w) “Ruled out” means a finding that abuse, neglect, or sexual abuse did not occur.

(x) “Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act.

(y) “Sexual abuse” means any act that involves:

(1) sexual molestation or exploitation of a child by:

(i) a parent;

(ii) a household member or family member;

(iii) a person who has permanent or temporary care or custody of the child;

(iv) a person who has responsibility for supervision of the child; or

(v) a person who, because of the person’s position or occupation, exercises authority over the child; or

(2) sex trafficking of a child by any individual.

(z) “Sexual molestation or exploitation” includes:

(1) allowing or encouraging a child to engage in:

(i) obscene photography, films, poses, or similar activity;

(ii) pornographic photography, films, poses, or similar activity; or

(iii) prostitution;

(2) incest;

(3) rape;

(4) sexual offense in any degree; and

(5) any other sexual conduct that is a crime.

(aa) “Unsubstantiated” means a finding that there is an insufficient amount of evidence to support a finding of indicated or ruled out.
Md. Code, Transportation § 5-420 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-420
§5–420.
Status: in_force

(a) The powers granted to political subdivisions by this subtitle include the power to acquire any property, including air rights or interests, for an airport, airport facility, or air navigation facility to be maintained by any common carrier of passengers or freight by air.

(b) If a political subdivision contracts with a common carrier of passengers or freight by air to acquire an airport, airport facility, or air navigation facility and to sell the acquired property to the common carrier, the political subdivision may:

(1) Borrow money not exceeding the amount of the purchase price under the contract; and

(2) Use the money to acquire the property, by purchase, condemnation, or otherwise.
Md. Code, Courts and Judicial Proceedings § 5-103 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) Within 20 years from the date the cause of action accrues, a person shall:

(1) File an action for recovery of possession of a corporeal freehold or leasehold estate in land; or

(2) Enter on the land.

(b) (1) This section does not affect the common-law doctrine of prescription as it applies to the creation of incorporeal interests in land by adverse use.

(2) This section does not affect the periods of limitations set forth in § 6-103 or § 8-107 of the Real Property Article.
Md. Code, Insurance § 5-807 — MD Code / Article gin / Title 5 / Subtitle 8 / Section 5-807
§5–807.
Status: in_force

Subject to the Commissioner’s approval, a new trustee may be substituted for the original trustee because of a vacancy or for other proper cause.
Md. Code, Agriculture § 5-308 — MD Code / Article gag / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

The Secretary may enter into reciprocal agreements with other states to provide that shipments of Maryland nursery stock shall be received on the same basis as the nursery stock of other states is received in Maryland under the provisions of this subtitle.
Md. Code, Public Safety § 5-804 — MD Code / Article gps / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

(a) The Center shall coordinate with the Department and law enforcement agencies to screen and vet all firearm crimes committed in the State by:

(1) determining whether an individual charged with a firearm crime was prohibited from possessing a firearm; and

(2) recommending specific firearm charges to ensure that an individual charged with a firearm crime is appropriately charged.

(b) The Center shall assist the Department and law enforcement agencies with firearm enforcement and firearm violation reduction efforts.
Md. Code, Family Law § 5-533 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-533
§5–533.
Status: in_force

(a) (1) In this section, “residential facility for children” means a public or private facility that provides shelter for minors for more than 30 consecutive days in an out-of-home placement.

(2) “Residential facility for children” includes:

(i) a child care institution or child care home licensed under this title;

(ii) a group home, runaway home, residential treatment program, or independent living program;

(iii) a State facility;

(iv) a certified drug abuse facility; or

(v) a certified alcohol abuse facility.

(3) “Residential facility for children” does not include:

(i) a foster care home;

(ii) a hospital, hospice, or medical care facility; or

(iii) a regional institute for children and adolescents.

(b) (1) A residential facility for children shall maintain contracts or other agreements with appropriate health care providers to provide the following health care services for each child who resides in the facility for more than 30 consecutive days:

(i) a physical examination and necessary medical treatment; and

(ii) appropriate mental health services.

(2) Within 30 days after a child is placed in a residential facility for children the residential facility shall ensure that a health care provider:

(i) conducts a physical examination of the child; and

(ii) provides a report on the findings of the examination to the residential facility for children where the child resides.

(c) (1) Upon the finding of a court of competent jurisdiction, a residential facility for children that violates this section shall be fined $25 per day per child for each day that the violation exists.

(2) If a fine is imposed on a residential facility for children, the director or the administrator of the residential facility for children may be liable for payment of the fine.
Md. Code, Business Regulation § 5-701 — MD Code / Article gbr / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

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

(b) (1) “Burial space” means land or space in a structure used or to be used for burial.

(2) “Burial space” includes a burial right in the land or space.

(c) “Buyer” means a person who buys preneed goods or preneed services.

(d) “Preneed burial contract” means a written instrument under which preneed goods or preneed services are to be sold and delivered or performed.

(e) (1) “Preneed services” means services that are sold:

(i) before the buyer’s death; and

(ii) in connection with burial or cremation.

(2) “Preneed services” includes opening and closing a grave.

(f) “Seller” means a registered cemeterian, registered crematory operator, registered seller, or any other person who sells preneed goods or preneed services.

(g) “Specific funds” means money that is identified to a specific preneed burial contract.

(h) “Trust account” means a preneed trust account.
Md. Code, General Provisions § 5-407 — MD Code / Article ggp / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

(a) Notwithstanding any other law, and except as provided in subsections (b) and (c) of this section, after a complaint is filed:

(1) the proceedings, meetings, and activities of the Ethics Commission and its employees relating to the complaint are confidential; and

(2) information relating to the complaint, including the identity of the complainant and respondent, may not be disclosed by:

(i) the Ethics Commission;

(ii) the staff of the Ethics Commission;

(iii) the complainant; or

(iv) the respondent.

(b) Except as provided in subsection (c) of this section, the restrictions in subsection (a) of this section apply unless:

(1) the matter is referred for prosecution; or

(2) the Ethics Commission finds a violation of this title.

(c) (1) The Ethics Commission may release any information if the respondent agrees in writing to the release.

(2) On request of the respondent, the Ethics Commission shall disclose the identity of the complainant to the respondent.
Md. Code, Environment § 5-5B-02 — MD Code / Article gen / Title 5 / Subtitle 5B / Section 5-5B-02
§5–5B–02.
Status: in_force

This subtitle applies to public water systems serving at least 10,000 individuals that:

(1) Apply for a new or expanded water appropriation permit; or

(2) Apply for State financial assistance including the Maryland Water Quality Revolving Loan Fund as provided in § 9-1605 of this article and any other State funding source.
Md. Code, Labor and Employment § 5-314 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-314
§5–314.
Status: in_force

(a) Except as provided in subsection (c) of this section, and notwithstanding any other provision of this subtitle but subject to the limitations on emergency adoption in Title 10, Subtitle 1 of the State Government Article, the Commissioner may adopt immediately an emergency occupational safety and health standard that the Commissioner determines is needed to protect employees from the grave danger of:

(1) a new hazard; or

(2) exposure to an agent or circumstance determined to be toxic or physically harmful.

(b) An emergency occupational safety and health standard adopted under this section remains in effect until the earlier of:

(1) expiration of a period that the Joint Committee on Administrative, Executive, and Legislative Review sets;

(2) expiration of a period, not exceeding 6 months, that the Commissioner sets; or

(3) replacement of the emergency occupational safety and health standard by another regulation.
Md. Code, State Finance and Procurement § 5-612 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-612
§5–612.
Status: in_force

The Plan shall contain recommendations for the most desirable general pattern of land use in the State. The recommendations shall be based on the best available information concerning:

(1) environmental and natural factors, including climate, soil and underground conditions, topography, and water sources and bodies of water;

(2) present and prospective economic bases of the State;

(3) water and sewerage facilities;

(4) trends of industrial, population, or other developments;

(5) habits and standards of life of the people of the State; and

(6) the relation of land use in the State to land use in adjoining areas.
Md. Code, Natural Resources § 5-1301 — MD Code / Article gnr / Title 5 / Subtitle 13 / Section 5-1301
§5–1301.
Status: in_force

(a) Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, with costs imposed in the discretion of the court.

(b) Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within two years of any prior violation of this title.

(c) In addition to any administrative penalty provided in this title, violation of any rule or regulation promulgated by any unit within the Department pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.