Md. Code, Public Safety § 5-130 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-130
§5–130.
Status: in_force

(a) In this section, “gun show” means any organized gathering open to the public at which any firearm is displayed.

(b) Subsections (c) through (h) of this section do not apply to a licensee.

(c) A person must obtain a temporary transfer permit issued by the Secretary before the person displays a regulated firearm for sale or transfer from a table or fixed display at a gun show.

(d) (1) An applicant for a temporary transfer permit shall:

(i) submit to the Secretary an application on the form that the Secretary provides; and

(ii) pay to the Secretary a fee of $10 for each calendar year.

(2) Each additional temporary transfer permit during the same calendar year shall be issued without charge.

(e) The application for a temporary transfer permit shall contain any information that is necessary for the Secretary to conduct a computer background investigation.

(f) Each application for a temporary transfer permit shall contain the following statement: “Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years or a fine not more than $5,000 or both.”.

(g) (1) The Secretary shall conduct an investigation to determine the truth or falsity of the information supplied and the statements made in the application for a temporary transfer permit.

(2) If there is no reason to disapprove the application for a temporary transfer permit, the Secretary shall issue the permit within 7 days after the date of application.

(3) The Secretary shall disapprove an application for a temporary transfer permit if the Secretary determines that:

(i) the applicant supplied false information or made a false statement; or

(ii) the application is not properly completed.

(4) If the Secretary disapproves an application for a temporary transfer permit, the Secretary shall notify the applicant in writing of the disapproval.

(h) (1) A temporary transfer permit shall be clearly labeled “temporary” and shall include the statement: “This is not a license to engage in the business of selling firearms.”.

(2) The temporary transfer permit shall be placed in public view as part of any display of a regulated firearm.

(i) (1) A person may not receive more than five temporary transfer permits during a single calendar year.

(2) To display a regulated firearm for sale, trade, or transfer at more than five gun shows in a calendar year, a person shall obtain a dealer’s license under this subtitle.

(j) A sale or transfer of a regulated firearm from a table or fixed display at a gun show is governed by §§ 5-103, 5-104, 5-117 through 5-129, and 5-136 of this subtitle.
Md. Code, Environment § 5-601 — MD Code / Article gen / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

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

(b) “Construction” means any clearing, grading, excavation, building, or the commencement of any of these activities.

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

(d) “Exploratory activities” means any activity involving the drilling of test wells for geothermal resources.

(e) (1) “Geothermal resources” means the natural heat of the earth higher than 120 degrees Fahrenheit or 49 degrees centigrade, or the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or which may be extracted from, this natural heat, the natural or artificial medium containing that heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth.

(2) “Geothermal resources” do not include oil, hydrocarbon gas, and other hydrocarbon substances.

(f) “Person” includes corporations, companies, associations, firms, partnerships, joint stock companies, individuals, and government agencies.

(g) “Well” means any excavation or other alteration of the earth’s surface or crust by means of which geothermal resources may be obtained.
Md. Code, Human Services § 5-5B-08 — MD Code / Article ghu / Title 5 / Subtitle 5B / Section 5-5B-08
§5–5B–08.
Status: in_force

(a) The Governor shall provide sufficient funds in the budget to ensure that the value of the maximum monthly allowable assistance under the Program is equal to at least:

(1) for fiscal year 2020, $215;

(2) for fiscal year 2021, 74% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program in fiscal year 2021;

(3) for fiscal year 2022, 78% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program in fiscal year 2022;

(4) for fiscal year 2023, 82% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program in fiscal year 2023;

(5) for fiscal year 2024, 86% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program in fiscal year 2024;

(6) for fiscal year 2025, 90% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program in fiscal year 2025;

(7) for fiscal year 2026, 94% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program in fiscal year 2026; and

(8) for fiscal year 2027 and each year thereafter, 100% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program for that fiscal year.

(b) Assistance shall be paid to the applicant monthly.
Md. Code, Insurance § 5-302 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

Except as otherwise provided in §§ 5-305 and 5-306 of this subtitle, the minimum standard for the valuation of a policy or contract issued before the operative date of the Maryland Standard Nonforfeiture Law for Life Insurance is the minimum standard provided by former Article 48A, § 83(2) of the Code in effect on September 30, 1997.
Md. Code, State Finance and Procurement § 5-604 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

The Plan shall embody the policy recommendations of the Department regarding the economic and physical development of the State.
Md. Code, Economic Development § 5-349 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-349
§5–349.
Status: in_force

(a) A mortgage or deed of trust held as security for a child care special loan made under this part that is in default may be foreclosed by the Department in the same manner as the Maryland Rules provide for foreclosures in private transactions.

(b) The Department may take title in its name to any property foreclosed under this section as well as to convey title to that property to a bona fide purchaser of the property.
Md. Code, Education § 5-405 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

(a) Subject to the judgment of the Board and in accordance with this section, each fiscal year a portion of the increase in the State share of major education aid, as defined in § 5–201 of this title, over the amount provided in the prior fiscal year shall be withheld from public schools and local school systems.

(b) Except as otherwise provided in this section, beginning in fiscal year 2023, 25% of the increase in the State share of major education aid over the amount provided in the prior fiscal year shall be automatically withheld from a local school system for the next fiscal year.

(c) (1) For fiscal year 2023, the Board shall release funds withheld under this section if the Board finds that a local school system has met the minimum guidelines for the submission of the initial implementation plan under § 5–404 of this subtitle.

(2) Beginning in fiscal year 2024 and ending in fiscal year 2025, the Board shall release funds withheld under this section each year if the Board finds that a local school system or public school:

(i) Has developed an initial implementation plan under § 5–404 of this subtitle; and

(ii) Has received approval for its initial implementation plan and for any subsequent modifications.

(d) Beginning in fiscal year 2026, the Board shall consider releasing funds withheld under this section to a public school or local school system if:

(1) The Board receives a recommendation to release funds from:

(i) The Department;

(ii) The Career and Technical Education Committee established under § 21–209 of this article; or

(iii) An Expert Review Team established under § 5–411 of this subtitle; or

(2) The Board determines that a public school or local school system has made sufficient progress on an implementation plan or taken appropriate steps to improve student performance.

(e) The Board may withhold more than 25% of the increase in the State share of major education aid over the amount provided in the current fiscal year from a public school or local school system, if, in the judgment of the Board:

(1) A local school system has not made satisfactory efforts to develop or revise the implementation plan required to be approved by the Board under § 5–404 of this subtitle;

(2) A public school or local school system has not made sufficient progress on its implementation plan; or

(3) A public school or local school system has not taken appropriate steps to improve student performance.

(f) In determining whether to release or withhold additional funds under this section, the Board shall consider whether a public school or local school system has been responsive to the recommendations of the Department, the Career and Technical Education Committee, an Expert Review Team, and the Board’s staff.

(g) The Board shall notify the Governor, the President of the Senate, and the Speaker of the House of Delegates of a decision not to release funds or to withhold additional funds.

(h) (1) If the Board finds that funding should not be released under subsection (c) or subsection (d) of this section, the Board shall, on or before December 1, issue an initial warning to the public school principal or county superintendent that funds may not be released in the next fiscal year.

(2) A warning issued under paragraph (1) of this subsection shall inform the local principal or county superintendent of:

(i) The findings by the Board and the reasoning for the findings; and

(ii) Any steps that may be undertaken to remedy the finding.

(3) On or before February 1, the Board shall make a final determination on whether to release funds under this section for the next fiscal year.

(4) If a public school or local school system makes progress in some areas but not in others, the Board may determine that a portion of the funds may be released while a portion may be withheld.

(i) The Board shall notify the State Superintendent and the Comptroller for purposes of § 5–205 of this title by June 1 of each year of the Board’s final decision to release, not release, or withhold additional funds under this section in the next fiscal year.

(j) (1) The Board may determine it is necessary to release or withhold funds for the current fiscal year.

(2) The Board shall notify the State Superintendent and the Comptroller as soon as practicable for purposes of § 5–205 of this title if it decides to release or withhold additional funds during the current fiscal year.

(k) The Board shall develop an appeals process through which a public school or local school system may contest the withholding of funds under this section.
Md. Code, Public Utilities § 5-404 — MD Code / Article gpu / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

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

(2) “Oil pipeline corporation” means a corporation of this State, any other state, or the United States, that is:

(i) engaged in the business of transporting refined petroleum products by pipeline as a common carrier public service corporation; and

(ii) subject to the jurisdiction of either the United States Department of Energy (Federal Energy Regulatory Commission) or the Commission.

(3) (i) “Property” means real property in fee simple or any lesser right, interest, or estate that is necessary for the intrastate or interstate purposes of the oil pipeline corporation or both.

(ii) “Property” includes:

1. privately owned property;

2. property owned by a public body; and

3. property devoted to public use if an acquisition under this section does not materially interfere with that public use.

(b) An oil pipeline corporation that is operating an oil pipeline that existed in the State on or before July 1, 1978, may acquire by condemnation, in accordance with Title 12 of the Real Property Article, any property necessary to:

(1) operate those existing oil pipelines and appurtenances; or

(2) construct and operate additional oil pipelines and appurtenances along, on, adjacent to, or incidentally deviating not more than 50 feet from the routes followed by the corporation’s existing rights–of–way.

(c) The right to acquire property under this section may be exercised only in Anne Arundel, Baltimore, Carroll, Cecil, Harford, Howard, Montgomery, and Prince George’s counties and Baltimore City.

(d) (1) An oil pipeline corporation shall restore to its original condition any property used for construction or maintenance of a pipeline.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the construction or maintenance of the pipeline and the restoration of the property shall be completed within 7 days after the start of the construction or maintenance on that parcel of property.

(ii) If weather conditions or the nature of the terrain make completion within 7 days unfeasible, the oil pipeline corporation shall complete the construction or maintenance of the pipeline and the restoration of the property within 30 days.

(e) (1) The right to acquire property under this section may not be exercised unless the oil pipeline corporation, whether or not it is otherwise subject to the jurisdiction of the Commission, first obtains an order from the Commission finding the acquisition to be in the public interest.

(2) Before the Commission makes a finding and issues an order under this subsection, the Commission shall hold a public hearing.

(3) The oil pipeline corporation shall give written notice of the public hearing to all affected property owners.

(f) This section does not affect any other law of the State that applies generally or specifically to oil pipeline corporations.
Md. Code, Family Law § 5-3A-42 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-42
§5–3A–42.
Status: in_force

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

(2) “Director” means the State Director of Social Services.

(3) “Secretary” means the Secretary of Health.

(b) This section applies only to an adoption in which a court enters an order for adoption on or after January 1, 2000.

(c) This section does not bar:

(1) an adoptee or biological parent from applying for search, contact, and reunion services under Subtitle 4B of this title; or

(2) the Director or a confidential intermediary from obtaining a copy of a record under § 5–4B–04(c) or § 5–4B–06(b) or (c) of this title.

(d) (1) An adoptee who is at least 21 years old may apply to the Secretary for a copy of:

(i) the adoptee’s original certificate of birth;

(ii) all records that relate to the adoptee’s new certificate of birth, if any; and

(iii) the report of the adoptee’s order of adoption filed by the clerk of court under § 4–211 of the Health – General Article.

(2) If an adoptee is at least 21 years old, a biological parent of the adoptee may apply to the Secretary for a copy of:

(i) the adoptee’s original certificate of birth;

(ii) the new certificate of birth, if any, substituted, under § 4–211 of the Health – General Article, for the adoptee’s original certificate of birth;

(iii) all records that relate to the adoptee’s new certificate of birth; and

(iv) the report of the adoptee’s order of adoption filed by the clerk of court under § 4–211 of the Health – General Article.

(3) Each applicant under this subsection shall:

(i) provide all proof of identity and other relevant information that the Secretary requires; and

(ii) pay the fee required under Title 4, Subtitle 2 of the Health – General Article for a copy of a record.

(e) (1) A biological parent may:

(i) file with the Director a disclosure veto, to bar disclosure of information about that parent in a record accessible under this section;

(ii) cancel a disclosure veto at any time; and

(iii) refile a disclosure veto at any time.

(2) An adoptee at least 21 years old may:

(i) file with the Director a disclosure veto, to bar disclosure of information about the adoptee in a record accessible under this section;

(ii) cancel a disclosure veto at any time; and

(iii) refile a disclosure veto at any time.

(3) Immediately after the Director receives a disclosure veto or cancellation under this subsection, the Director shall forward a copy to the Secretary.

(f) (1) The Secretary shall adopt regulations to carry out this section.

(2) Subject to paragraphs (3) and (4) of this subsection, the Secretary shall give to each applicant who meets the requirements of this section a copy of each record that the applicant requested and that the Secretary has on file.

(3) Whenever a biological parent applies for a record, the Secretary shall redact from the copy all information as to:

(i) the other biological parent, if that parent has filed a disclosure veto in accordance with this section; and

(ii) the adoptee and each adoptive parent, if the adoptee has filed a disclosure veto in accordance with this section.

(4) Whenever an adoptee applies for a record, the Secretary shall redact from the copy all information as to the biological parent, if that parent has filed a disclosure veto in accordance with this section.

(5) The Secretary shall give each applicant under this section notice of the adoption search, contact, and reunion services available under this title.
Md. Code, Education § 5-321 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-321
§5–321.
Status: reserved

(a) The indebtedness of a county may not be considered to be increased by the receipt of money by a county from participation in the General Public School Construction Loan of 1956 or any similar act.

(b) A county may not be required to levy ad valorem taxes on its taxable basis for the purpose of repaying to the State any money received by the county as a result of these acts during the calendar year 1958 or after or the interest or carrying charges with respect to this money.

(c) All money received by a county during the calendar year 1958 or after because of the participation of the county in the General Public School Construction Loan of 1956 or any similar act shall be deducted from the funds due the county under the applicable provisions of State law that relate to the:

(1) Income tax;

(2) Tax on racing;

(3) Recordation tax;

(4) Tax on amusements;

(5) License tax; and

(6) School building construction aid program under § 5–303(c) of this subtitle, provided that money may not be deducted for any general public school construction loans that no longer require repayment by the county under § 5–303(c) of this subtitle.

(d) All obligations in connection with funds received by a county from the General Public School Construction Loan of 1956 or any similar act are self–liquidating obligations, incurred for self–liquidating projects within the meaning of those terms as used in any charter or public general or public local law of this State.

(e) Any law that is inconsistent with the provisions of this section is repealed to the extent of the inconsistency.
Md. Code, Estates and Trusts § 5-101 — MD Code / Article get / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

(a) This subtitle is applicable to the portion of the probate proceeding which relates to the probate of a will, if any, and the grant of letters.

(b) Probate of a will, if any, and the grant of letters, may be accomplished after filing of a petition for probate by:

(1) Administrative probate by the register of wills as described in Subtitle 3 of this title; or

(2) Judicial probate by the court as described in Subtitle 4 of this title.
Md. Code, Family Law § 5-341 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-341
§5–341.
Status: in_force

(a) (1) This subsection does not limit the right of an individual to provide for distribution of property by will.

(2) Except as provided in § 2-123 of the Real Property Article, after a juvenile court enters an order for adoption under this Part III of this subtitle:

(i) the adoptee:

1. is the child of the adoptive parent for all intents and purposes; and

2. is entitled to all of the rights and privileges of and is subject to all of the obligations of offspring born to the adoptive parent;

(ii) each of the adoptee’s living parents is:

1. relieved of all parental duties and obligations to the adoptee; and

2. divested of all parental rights as to the adoptee; and

(iii) the Estates and Trusts Article shall govern all of the rights of inheritance between the adoptee and parental relatives.

(b) An order for adoption under this Part III of this subtitle terminates all pending CINA cases as to the adoptee.

(c) Adoption of an adult has the same legal effect as adoption of a minor.

(d) (1) When a juvenile court enters an order for a child’s adoption under this Part III of this subtitle, the juvenile court shall send notice to:

(i) each juvenile court that has a pending CINA case as to the adoptee;

(ii) each of the child’s living, former parents who has not waived the right to notice;

(iii) each living parent’s last attorney of record in the CINA case; and

(iv) the child’s last attorney of record in the CINA case.

(2) Service on a parent under this subsection shall be at the parent’s last address known to the juvenile court.
Md. Code, Economic Development § 5-407 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

(a) (1) The Authority consists of the following nine members:

(i) seven members appointed by the Governor with the advice and consent of the Senate; and

(ii) as ex officio members:

1. the Secretary; and

2. the Treasurer or the Comptroller, as the Governor designates.

(2) An ex officio member may designate a representative to serve on the Authority.

(b) The appointed members shall:

(1) have substantial experience in business or economic development; and

(2) reflect the geographic, racial, ethnic, and gender makeup of the State.

(c) (1) The term of an appointed member is 5 years.

(2) The terms of the appointed members are staggered as required by the terms provided for members of the Authority on October 1, 2008.

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

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

(d) The Governor may remove an appointed member with or without cause.
Md. Code, Commercial Law § 5-108 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-108
§5–108.
Status: in_force

(a) Except as otherwise provided in § 5-109 of this title, an issuer shall honor a presentation that, as determined by the standard practice referred to in subsection (e) of this section, appears on its face strictly to comply with the terms and conditions of the letter of credit. Except as otherwise provided in § 5-113 of this title and unless otherwise agreed with the applicant, an issuer shall dishonor a presentation that does not appear so to comply.

(b) An issuer has a reasonable time after presentation, but not beyond the end of the 7th business day of the issuer after the day of its receipt of documents:

(1) To honor;

(2) If the letter of credit provides for honor to be completed more than 7 business days after presentation, to accept a draft or incur a deferred obligation; or

(3) To give notice to the presenter of discrepancies in the presentation.

(c) Except as otherwise provided in subsection (d) of this section, an issuer is precluded from asserting as a basis for dishonor any discrepancy if timely notice is not given, or any discrepancy not stated in the notice if timely notice is given.

(d) Failure to give the notice specified in subsection (b) of this section or to mention fraud, forgery, or expiration in the notice does not preclude the issuer from asserting as a basis for dishonor fraud or forgery as described in § 5-109(a) of this title or expiration of the letter of credit before presentation.

(e) An issuer shall observe standard practice of financial institutions that regularly issue letters of credit. Determination of the issuer’s observance of the standard practice is a matter of interpretation for the court. The court shall offer the parties a reasonable opportunity to present evidence of the standard practice.

(f) An issuer is not responsible for:

(1) The performance or nonperformance of the underlying contract, arrangement, or transaction;

(2) An act or omission of others; or

(3) Observance or knowledge of the usage of a particular trade other than the standard practice referred to in subsection (e) of this section.

(g) If an undertaking constituting a letter of credit under § 5-102(a)(10) of this title contains nondocumentary conditions, an issuer shall disregard the nondocumentary conditions and treat them as if they were not stated.

(h) An issuer that has dishonored a presentation shall return the documents or hold them at the disposal of, and send advice to that effect to, the presenter.

(i) An issuer that has honored a presentation as permitted or required by this article:

(1) Is entitled to be reimbursed by the applicant in immediately available funds not later than the date of its payment of funds;

(2) Takes the documents free of claims of the beneficiary or presenter;

(3) Is precluded from asserting a right of recourse on a draft under §§ 3-414 and 3-415 of this article;

(4) Except as otherwise provided in §§ 5-110 and 5-117 of this title, is precluded from restitution of money paid or other value given by mistake to the extent the mistake concerns discrepancies in the documents or tender which are apparent on the face of the presentation; and

(5) Is discharged to the extent of its performance under the letter of credit unless the issuer honored a presentation in which a required signature of a beneficiary was forged.
Md. Code, Family Law § 5-2A-05 — MD Code / Article gfl / Title 5 / Subtitle 2A / Section 5-2A-05
§5–2A–05.
Status: in_force

A minor who is married:

(1) may file an action for divorce under Title 7 of this article; and

(2) shall be deemed emancipated for the limited purpose of obtaining a divorce.
Md. Code, Corporations and Associations § 5-321 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-321
§5–321.
Status: in_force

This part applies to every religious corporation formed in this State by a Methodist Church that is subject to the jurisdiction of the United Methodist Church.
Md. Code, Estates and Trusts § 5-502 — MD Code / Article get / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: reserved

(a) Any foreign personal representative may exercise in Maryland all powers of the office, and may sue and be sued in Maryland, subject to any statute or rule relating to nonresidents.

(b) A foreign personal representative has the same power to sell, mortgage, lease, convey, or otherwise transfer or assign real property or an interest in the property which is located in Maryland as a Maryland personal representative has with respect to real property and an interest in the property.

(c) Title to real property or an interest in the property located in Maryland sold, mortgaged, leased, conveyed, or otherwise transferred or assigned by a foreign personal representative before or after July 1, 1981, may not be defective solely by reason of the failure of the foreign personal representative to comply with requirements of the jurisdiction in which the representative was appointed concerning the sale, mortgage, lease, conveyance, transfer, or assignment of the property or an interest in the property.
Md. Code, Business Occupations and Professions § 5-503 — MD Code / Article gbo / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) An applicant for a beauty salon permit shall:

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

(2) pay to the Board an application fee established by the Board in accordance with the provisions of § 5-205 of this title; and

(3) pay to the Board an inspection fee established by the Board in accordance with the provisions of § 5-205 of this title.

(b) In addition to any other information required on the application form, the form shall require the applicant to indicate if the application is for a limited practice beauty salon.

(c) For each beauty salon permit for which a person applies, the person shall submit a separate application and pay a separate application fee.
Md. Code, Corporations and Associations § 5-6C-04 — MD Code / Article gca / Title 5 / Subtitle 6C / Section 5-6C-04
§5–6C–04.
Status: in_force

(a) A corporation may terminate status as a benefit corporation and cease to be subject to this subtitle by amending the charter of the corporation to delete the statement that the corporation is a benefit corporation.

(b) An amendment terminating a corporation’s status as a benefit corporation shall be approved by the stockholders of the corporation in accordance with Title 2, Subtitle 6 of this article.
Md. Code, Environment § 5-201 — MD Code / Article gen / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) There is a Water and Science Administration in the Department.

(b) (1) The Administration shall be adequately staffed and organized to carry out the provisions of this title and at salaries provided in the State budget.

(2) Subject to the Secretary’s authority as provided in Title 1 of this article, the Administration’s staff shall be appointed and removed in accordance with the provisions of the State Personnel and Pensions Article.

(c) The Secretary shall designate the appointing authority for the Administration.
Md. Code, Family Law § 5-525.3 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-525.3
§5–525.
Status: in_force

§5–525.3.

(a) Subject to subsection (b) of this section, an individual enrolled in an accredited institution of higher education or a residential vocational training program may return to an out–of–home placement provider with whom the individual was previously placed if:

(1) the individual is unable to remain on the institution’s or training program’s campus due to a scheduled break, a temporary closure of the institution or training program, or a temporary leave of absence;

(2) the individual’s living arrangement is mutually agreed to by the individual, the out–of–home placement provider, and the provider agency; and

(3) the Department has reviewed and approved the individual’s request to return to the out–of–home placement provider.

(b) (1) To return to an out–of–home placement provider with whom an individual was previously placed during a scheduled break of an institution of higher education or a residential vocational training program, the individual shall make a request to a local department to return to the out–of–home placement provider at least 30 days before the scheduled break.

(2) A local department shall make a recommendation to the Department regarding a request made under paragraph (1) of this subsection not later than 21 days before the scheduled break.

(3) If a local department recommends approving an individual’s request to return to an out–of–home placement provider during a scheduled break, the Department shall make a determination regarding the local department’s recommendation not later than 14 days before the scheduled break.
Md. Code, Family Law § 5-521 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-521
§5–521.
Status: in_force

A person who, in violation of any provision of this Part II of this subtitle, exercises care, custody, or control of a minor child unrelated by blood or marriage or makes a placement of a minor child unrelated by blood or marriage is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year.
Md. Code, State Finance and Procurement § 5-7B-08 — MD Code / Article gsf / Title 5 / Subtitle 7B / Section 5-7B-08
§5–7B–08.
Status: in_force

(a) To be eligible for funding for growth-related projects, a local government or two or more county governments shall certify to the Department of Planning any area designated by the local government or county governments as a priority funding area under § 5-7B-03 of this subtitle, which shall be consistent with the local comprehensive plan and the criteria set forth in § 5-7B-03 of this subtitle.

(b) Prior to certification of a priority funding area or areas, the local government or county governments may submit the proposed priority funding areas and any relevant information to the Department of Planning for:

(1) technical assistance, review, and comment; and

(2) the opportunity for public review.

(c) Upon certification of a priority funding area, the local government or county governments shall provide to the Department of Planning all information necessary to demonstrate the precise location of the area, including a map of the area showing planning and zoning characteristics, and existing and planned water and sewer services as appropriate.

(d) The Department of Planning, as appropriate, shall provide to each State agency that funds growth-related projects copies of maps illustrating:

(1) priority funding areas certified by the local government or county governments; and

(2) any comments by the Department of Planning on the areas certified.

(e) Prior to funding a growth-related project, the State funding agency shall obtain from the affected local government or county governments a written statement that the proposed growth-related project is located within a certified priority funding area.
Md. Code, Human Services § 5-303 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

The Secretary shall:

(1) implement a FIP that meets the requirements of this subtitle and federal law;

(2) supervise the administration by local departments of the FIP under this subtitle;

(3) cooperate with the federal government in matters of mutual concern pertaining to federal funding for the FIP; and

(4) adopt regulations to carry out this subtitle.
Md. Code, Natural Resources § 5-410 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-410
§5–410.
Status: in_force

The Department may acquire land out of money standing to the credit of the Forest Reserve Fund for the establishment of any State forest nursery to grow forest trees for planting on State reserves and distribution to private landowners to encourage tree planting under the rules and regulations it promulgates.
Md. Code, Courts and Judicial Proceedings § 5-615 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-615
§5–615.
Status: in_force

In the absence of an affirmative showing of malice or bad faith, each arbitrator or individual conducting alternative dispute resolution in a health care malpractice claim or action under Title 3, Subtitle 2A of this article from the time of acceptance of appointment has immunity from suit for any act or decision made during tenure and within the scope of designated authority.
Md. Code, Courts and Judicial Proceedings § 5-803 — MD Code / Article gcj / Title 5 / Subtitle 8 / Section 5-803
§5–803.
Status: in_force

(a) (1) Whether or not an individual receives compensation for the individual’s services, an employee of a county health department or other local department or agency functioning as a school nurse or school health aide or a member of the administrative, educational, or support staff of, or an individual who serves under a contract for services to, any public, private, or parochial school is immune from liability for:

(i) Making a report required by law, if the individual acts on reasonable grounds;

(ii) Participating in a judicial proceeding that results from the individual’s report; and

(iii) Making a report to the appropriate school official or to a parent if the individual has reasonable grounds to suspect that a student is:

1. Under the influence of alcoholic beverages or a controlled dangerous substance;

2. In possession of alcoholic beverages or a controlled dangerous substance; or

3. Involved in the illegal sale or distribution of alcoholic beverages or a controlled dangerous substance.

(2) Paragraph (1)(iii) of this subsection is effective only to the extent that its provisions do not conflict with federal or State confidentiality laws and regulations.

(b) A county superintendent or any employee of a county school system who presents or enters findings of fact, recommendations, or reports or who participates in an employee dismissal, disciplinary, administrative, or judicial proceeding relating to a school system employee that results from these actions is immune from any civil liability if the action is:

(1) In the performance of duties;

(2) Within the scope of employment; and

(3) Without malice.

(c) A member of the administrative, educational, or support staff of any public, private, or parochial school acting in an official capacity is immune from civil liability for any personal injury or property damage resulting from an intervention in an altercation between students or other student disturbance if:

(1) The member intervened in a reasonably prudent manner; and

(2) The actions taken by the member in intervening do not constitute grossly negligent, willful, wanton, or intentionally tortious conduct.
Md. Code, Corporations and Associations § 5-6B-12 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-12
§5–6B–12.
Status: in_force

(a) This section is intended to provide minimum standards for the protection of consumers in the State.

(b) (1) For purposes of this section, “consumer” means an actual or prospective purchaser, lessee, assignee, or transferee of a cooperative interest with respect to a residential unit.

(2) “Consumer” includes a co–obligor or surety for a consumer.

(c) (1) To the extent that a violation of a provision of this subtitle affects a consumer, that violation shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection of the Office of the Attorney General, as described in Title 13 of the Commercial Law Article.

(2) The provisions of this subtitle shall otherwise be enforced by each agency of the State within the scope of its authority.

(d) A county or incorporated municipality, or an agency of one of those jurisdictions, may adopt laws or ordinances for the protection of a consumer to the extent and in the manner provided for under § 13–103 of the Commercial Law Article.

(e) Within 30 days after the effective date of a law, ordinance, or regulation enacted under this section which is expressly applicable to cooperative housing corporations, the local jurisdiction shall forward a copy of the law, ordinance, or regulation to the Secretary of State.
Md. Code, Labor and Employment § 5-214 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-214
§5–214.
Status: in_force

(a) The Commissioner shall grant a hearing, if practicable, within 30 days after receipt of a notice that an employer or employee or representative of an employee submits under § 5-213 of this subtitle.

(b) An employee whom a hearing under this section affects or a representative of the employee may participate as a party in a hearing under this section.

(c) The Commissioner shall give notice and hold a hearing under this subtitle in accordance with Title 10, Subtitle 2 of the State Government Article.

(d) (1) An employer may choose whether a hearing under this section is to be held in:

(i) Baltimore City;

(ii) the county where the violation allegedly occurred, in an office that the county provides; or

(iii) an office that the Commissioner has designated as a regional office.

(2) The employer shall indicate the choice in the request for a hearing.

(e) (1) When the Commissioner appoints a hearing examiner to hold a hearing under this section, the examiner shall prepare a record that includes testimony.

(2) A report that a hearing examiner submits shall become a final order of the Commissioner unless, within 15 work days after submission of the report:

(i) the Commissioner orders a review of the proceeding; or

(ii) an employee, representative of an employee, or employer whom the report affects submits to the Commissioner a written request for a review of the proceeding.

(f) (1) After review of a proceeding under subsection (e) of this section, with or without a hearing, the Commissioner shall pass an order that, on the bases of findings of fact, affirms, modifies, or vacates the citation or proposed penalty or directs other appropriate relief.

(2) An order of the Commissioner under paragraph (1) of this subsection is final 15 days after passage of the order.

(g) After an opportunity for a hearing under this section, the Commissioner may pass an order that affirms or modifies a requirement of a citation for abatement of a violation if an employer shows that the employer:

(1) made a good faith effort to comply with the requirement; and

(2) has not complied because of a factor beyond the reasonable control of the employer.
Md. Code, State Finance and Procurement § 5A-325 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-325
§5A–325.
Status: in_force

(a) (1) To the extent feasible, a State unit that submits a request or is otherwise responsible for a capital project shall consult with the Director to determine whether the project will adversely affect any property listed in or eligible for listing in the Historic Register.

(2) The consultation shall occur:

(i) before the State unit submits a request for the capital project to the Department of Budget and Management under § 3–602 of this article;

(ii) before or as part of the final project planning phase for a major transportation capital project as defined in § 2–103.1 of the Transportation Article; or

(iii) as early in the planning process as possible for a capital project that uses nonbudgeted money and is subject to the reporting requirements of § 3–602 of this article.

(b) (1) State units that own or control properties may consult with the Director to develop plans or interagency agreements to identify, evaluate, and manage any of those properties that are listed in or eligible to be listed in the Historic Register.

(2) Capital projects undertaken in accordance with a plan approved by the Trust or an interagency agreement are not subject to further review under this section.

(c) (1) This subsection applies to a capital project that:

(i) is not being carried out by a State unit;

(ii) uses the proceeds of State general obligation bonds; and

(iii) is not otherwise reviewed by the Trust under this section.

(2) Before the Board of Public Works may approve the use of bond proceeds for the project, the Department of Budget and Management or another State unit responsible for the project shall consult with the Director to determine whether the project will adversely affect any property listed in or eligible to be listed in the Historic Register.

(d) (1) Within 30 days after a State unit notifies the Director of a proposed capital project under this section, the Director shall determine whether the project would adversely affect any property listed in or eligible to be listed in the Historic Register.

(2) If the Director finds that the proposed capital project would have a significant adverse effect on a listed or eligible property, the Director and the State unit shall consult to determine whether a practicable plan exists to avoid, mitigate, or satisfactorily reduce the adverse effect.

(3) If the Director and the State unit cannot agree on a plan, the State unit shall submit to the Council a report of the consultations and the findings and recommendations of the State unit.

(4) Within 30 days after receiving the report, the Council shall submit to the State unit comments:

(i) accepting the adverse effect; or

(ii) recommending practicable alternatives to avoid, mitigate, or satisfactorily reduce the adverse effect.

(5) The State unit may:

(i) incorporate in the project the alternatives recommended by the Council; or

(ii) disagree with the comments of the Council.

(6) If the State unit disagrees with the comments of the Council, the State unit:

(i) shall respond in writing to the Council, explaining why the State unit refuses to adopt the measures included in the comments of the Council; and

(ii) may not proceed with the project for at least 10 working days after responding.

(e) Except for the cost of studies and surveys, a State unit may include the capital costs of preservation activities required under this subtitle as eligible project costs of any project undertaken or financed by the State unit.

(f) The Trust shall adopt regulations that establish procedures and standards for:

(1) administrative review and comment under this section, including time frames for Trust action by the Trust or the Director on specific categories of projects;

(2) exempting specific projects, categories of projects, or categories of programs from any requirement of this section, if the exemption is found to be consistent with the purposes of this subtitle and the best interests of the State, considering the magnitude of the exemption and the risk of impairing historic properties; and

(3) participation by State units, political subdivisions, private organizations, and other entities in proceedings under this section that may affect their interests.

(g) In accordance with regulations adopted under subsection (f) of this section, this section may be applied to any undertaking that is subject to the National Historic Preservation Act, 54 U.S.C. § 306108.

(h) Failure by a State unit to comply with this section does not create a private cause of action under State law.
Md. Code, State Personnel and Pensions § 5-206 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) The Governor, with the advice of the Joint Committee on Fair Practices and State Personnel Oversight, shall appoint an Equal Employment Opportunity Coordinator.

(b) The Coordinator shall:

(1) administer and enforce the Program; and

(2) investigate and, as appropriate, resolve complaints that involve allegations of violations of this subtitle.
Md. Code, Family Law § 5-7A-08 — MD Code / Article gfl / Title 5 / Subtitle 7A / Section 5-7A-08
§5–7A–08.
Status: in_force

A unit of State or local government shall provide any information that the Council requests to carry out the Council’s duties under § 5-7A-06 of this subtitle.
Md. Code, Local Government § 5-105 — MD Code / Article glg / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

(a) The legislative body of a municipality may adopt an ordinance regulating the licensing, location, and operation in the municipality of a business establishment that allows on its premises any activity involving nudity and sexual displays listed under § 4–605 of the Alcoholic Beverages and Cannabis Article.

(b) (1) A person who violates an ordinance adopted under subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine of not less than $500 or both.

(2) Each day that a violation continues is a separate offense.
Md. Code, Family Law § 5-607 — MD Code / Article gfl / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to the child being sent to such other party jurisdiction for institutional care and the court finds that:

(1) equivalent facilities for the child are not available in the sending agency’s jurisdiction; and

(2) institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
Md. Code, Public Safety § 5-138 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-138
§5–138.
Status: in_force

(a) A person may not possess, sell, transfer, or otherwise dispose of a stolen regulated firearm if the person knows or has reasonable cause to believe that the regulated firearm has been stolen.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(c) Each violation of this section is a separate crime.
Md. Code, Labor and Employment § 5-1101 — MD Code / Article gle / Title 5 / Subtitle 11 / Section 5-1101
§5–1101.
Status: in_force

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

(b) (1) “Health care facility” means:

(i) a hospital; or

(ii) a State residential center.

(2) “Health care facility” includes:

(i) a subacute care unit of a hospital; and

(ii) a State–operated hospital.

(c) “Health care worker” means an individual employed by a health care facility.

(d) “Hospital” has the meaning stated in § 19–301 of the Health – General Article.

(e) “State residential center” has the meaning stated in § 7–101 of the Health – General Article.

(f) “Workplace safety” means the prevention of any physical assault or threatening behavior against a health care worker in a health care facility.
Md. Code, Election Law § 5-1101 — MD Code / Article gel / Title 5 / Subtitle 11 / Section 5-1101
§5–1101.
Status: in_force

(a) This section applies to petition candidates for the office of Governor and Lieutenant Governor.

(b) (1) If either of the candidates of a Governor and Lieutenant Governor unit nominated by petition under § 5–703 of this title dies, withdraws a certificate of candidacy, or becomes disqualified prior to the deadline for filing a certificate of candidacy for a primary election under § 5–303 of this title, the remaining candidate may:

(i) select a successor candidate and:

1. file a certificate or designation with the State Board; and

2. have the individual designated file a certificate of candidacy with the State Board in accordance with paragraph (2) of this subsection; or

(ii) withdraw the certificate of candidacy and form a new unit for Governor and Lieutenant Governor.

(2) Each member of the successor unit for Governor and Lieutenant Governor formed under this section shall file a certificate of candidacy before the later of:

(i) the deadline specified under § 5–303 of this title; or

(ii) the fifth day following the death, withdrawal, or disqualification of the former nominee.

(c) (1) Subject to paragraph (2) of this subsection, if either of the nominees of a Governor and Lieutenant Governor unit nominated by petition dies, withdraws a certificate of candidacy, or becomes disqualified after the deadline for filing a certificate of candidacy for a primary election under § 5–303 of this title, the remaining nominee may:

(i) designate another nominee as the successor nominee for the vacancy in nomination; or

(ii) assume the vacancy in nomination of the prior nominee and designate another nominee for the position in the unit that formerly was held by the successor nominee who assumed the vacancy created by the death, withdrawal, or disqualification of the prior nominee.

(2) (i) The successor nominees or the nominee who exercises the option to assume a position in the Governor and Lieutenant Governor unit previously held by a nominee who dies, withdraws a certificate of candidacy, or becomes disqualified shall file with the State Board either:

1. a certificate of candidacy, if no certificate was filed previously; or

2. a change of candidacy, if the nominee is a candidate for a different office as a part of the successor unit.

(ii) The certificate of candidacy:

1. shall be filed by the fifth day following the death, withdrawal, or disqualification of a prior nominee after the deadline specified in paragraph (1) of this subsection; and

2. may not be filed within 65 days of the day of the general election.

(d) If a nominee for Governor or Lieutenant Governor subject to this section dies, withdraws a certificate of candidacy, or becomes disqualified less than 69 days before the day of the general election and the certificate of candidacy required by subsection (b) of this section is not filed with the State Board, the unit:

(1) shall remain on the ballot; and

(2) if elected, the vacancy resulting from the death, declination, or disqualification shall be filled as if it had occurred after the general election, in accordance with this article or other applicable provisions of law.

(e) (1) The certificate for nomination by petition for a nominee subject to this section shall be issued by the State Board under § 5–703 of this title.

(2) No additional petitions are required if one of the members of the original Governor and Lieutenant Governor unit remains a nominee of the successor unit.
Md. Code, Financial Institutions § 5-809 — MD Code / Article gfi / Title 5 / Subtitle 8 / Section 5-809
§5–809.
Status: in_force

On application by the Commissioner, a court of competent jurisdiction may issue an injunction to restrain a banking institution from:

(1) An unsafe or unsound banking practice;

(2) A practice that is injurious to the public interest; or

(3) A violation of a law, rule, or regulation that relates to the Commissioner’s supervision of the institution.
Md. Code, Human Services § 5-5B-03 — MD Code / Article ghu / Title 5 / Subtitle 5B / Section 5-5B-03
§5–5B–03.
Status: in_force

Subject to § 5–5B–04 of this subtitle, an applicant is entitled to assistance under this subtitle if the applicant is:

(1) a citizen of the United States or a qualified alien as determined by the Administration;

(2) a resident of the State and the jurisdiction served by the local department at the time of application;

(3) unemployed;

(4) not receiving any other means–tested cash assistance; and

(5) determined, based on the medical form required under § 5–5B–05 of this subtitle, to have an impairment that is expected to last at least 3 months.
Md. Code, Economic Development § 5-2109 — MD Code / Article gec / Title 5 / Subtitle 21 / Section 5-2109
§5–2109.
Status: in_force

(a) There is a Maryland Alcohol Manufacturing Promotion Fund.

(b) The purpose of the Fund is to provide grants that promote the advantages and attributes of State breweries, distilleries, and wineries and their products manufactured in the State.

(c) The Secretary shall administer the Fund.

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

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

(e) The Fund consists of:

(1) revenue distributed to the Fund under § 2–301(b) of the Tax – General Article;

(2) money appropriated in the State budget to the Fund; and

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

(f) The Fund may be used only for:

(1) grants to eligible applicants under § 5–2110 of this subtitle; and

(2) administrative expenses of the Fund.

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

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

(h) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Economic Development § 5-1901 — MD Code / Article gec / Title 5 / Subtitle 19 / Section 5-1901
§5–1901.
Status: in_force

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

(2) “Fund” means the Cannabis Business Assistance Fund.

(3) (i) “Personal net worth” means the net value of the assets of an individual remaining after total liabilities are deducted, including the individual’s share of assets held jointly or as community property with the individual’s spouse.

(ii) “Personal net worth” does not include:

1. the individual’s ownership interest in the applicant;

2. the individual’s equity in the individual’s primary place of residence; or

3. the cash value of any qualified retirement savings plans or individual retirement accounts.

(b) There is a Cannabis Business Assistance Fund.

(c) The purpose of the Fund is to assist small, minority–owned, and women–owned businesses entering the adult–use cannabis industry.

(d) The Department shall administer the Fund.

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

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

(f) The Fund consists of:

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

(2) revenue distributed to the Fund in accordance with § 2–1302.2 of the Tax – General Article; and

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

(g) (1) Subject to paragraph (2) of this subsection, the Fund may be used only for:

(i) grants or loans to small, minority–owned, or women–owned businesses for:

1. license application assistance for participation in the adult–use cannabis industry;

2. assistance with the operating or capital expenses of a business participating in the adult–use cannabis industry; or

3. targeted training to support participation in the adult–use cannabis industry;

(ii) grants to historically black colleges and universities for cannabis–related programs and business development organizations, including incubators, to train and assist small, minority, and women business owners and entrepreneurs seeking to become licensed to participate in the adult–use cannabis industry; and

(iii) the administrative costs of the Fund.

(2) The Department:

(i) shall prioritize awarding grants and loans in accordance with paragraph (1) of this subsection to:

1. populations that have been historically disproportionately impacted by the enforcement of laws criminalizing the use of cannabis;

2. individuals who have been convicted of a violation of a law criminalizing the use of cannabis; and

3. social equity licensees to assist with start–up operating and capital funding needs; and

(ii) may not award grants or loans to small, minority, and women business owners and entrepreneurs with a personal net worth exceeding $1,700,000.

(3) In order to award grants and loans in accordance with paragraph (1) of this subsection, the Department shall develop partnerships with:

(i) traditional minority–serving institutions in the State and surrounding jurisdictions, including historically black colleges and universities;

(ii) trade associations representing minority and women–owned businesses; and

(iii) the Governor’s Office of Small, Minority, and Women Business Affairs.

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

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

(i) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Family Law § 5-7A-05 — MD Code / Article gfl / Title 5 / Subtitle 7A / Section 5-7A-05
§5–7A–05.
Status: in_force

(a) The Council shall operate with one standing committee.

(b) The federal Children’s Justice Act Committee is established in accordance with the requirements of the federal Children’s Justice Act, Public Law 100–294. It shall review and evaluate State investigative, administrative, and judicial handling of child abuse and neglect cases, and make policy and training recommendations to improve system response and intervention. The Committee shall include representatives of the State judiciary with criminal and civil trial court docket experience, law enforcement agencies, the Maryland Public Defender’s Office, State’s Attorneys, the Court Appointed Special Advocate (CASA) Program, health and mental health professions, child protective services programs, programs that serve children with disabilities, parent groups, and attorneys who represent children.

(c) In addition to the Children’s Justice Act Committee, the Council may establish other ad hoc committees as necessary to carry out the work of the Council.
Md. Code, Estates and Trusts § 5-406 — MD Code / Article get / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

Except as provided in §§ 5–207 of this title and 5–407 of this subtitle, any determination made by the court in a proceeding for judicial probate is final and binding on all persons.
Md. Code, Human Services § 5-506 — MD Code / Article ghu / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

(a) In this section, “standard utility allowance” means a Maryland Energy Assistance Program payment to a household that is at least $21 per year.

(b) (1) There is a Heat and Eat Program within the Supplemental Nutrition Assistance Program in the Department.

(2) The purpose of the Heat and Eat Program is to expand food access to households that are receiving or eligible for Supplemental Nutrition Assistance Program benefits.

(c) (1) A household is eligible to participate in the Heat and Eat Program if the household is eligible to receive Supplemental Nutrition Assistance Program benefits under State and federal law.

(2) In determining the eligibility of a household to receive Supplemental Nutrition Assistance Program benefits, the Department shall apply a standard utility allowance to the shelter deduction that is used for the purpose of determining countable gross income for Supplemental Nutrition Assistance Program eligibility.

(d) The Department shall adopt regulations:

(1) to verify household eligibility for participation in the Heat and Eat Program; and

(2) otherwise necessary to carry out this section.
Md. Code, Economic Development § 5-707 — MD Code / Article gec / Title 5 / Subtitle 7 / Section 5-707
§5–707.
Status: in_force

(a) To the extent provided for in this section, a business entity is entitled to:

(1) the special property tax credit in § 9–103 of the Tax – Property Article;

(2) the income tax credits in § 10–702 of the Tax – General Article; and

(3) consideration for financial assistance from programs in Subtitle 1 of this title.

(b) A business entity that moves into or locates in an enterprise zone on or after the date that the enterprise zone is designated under § 5–704 of this subtitle may benefit from the incentives and initiatives in this section if:

(1) the business entity meets the requirements and conditions of the Code section applicable to each incentive or initiative;

(2) the respective political subdivision certifies that the business entity has complied with the standards that the subdivision submitted under § 5–703(b)(5) of this subtitle;

(3) the business entity creates new or additional jobs or makes a capital investment to qualify for the property tax credit under § 9–103 of the Tax – Property Article and the income tax credits under § 10–702 of the Tax – General Article; and

(4) in considering whether the business entity qualifies for financial assistance from the programs in Subtitle 1 of this title, the Secretary determines that the business entity will create new or additional jobs.

(c) The incentives and initiatives provided for in this section are not available to a business entity that:

(1) was in an enterprise zone before the date that the enterprise zone is designated, except for a capital investment or expansion of its labor force that occurs on or after the enterprise zone is designated; or

(2) is located in an enterprise zone that was designated under federal law unless the Secretary and the Board of Public Works consent to the designation.

(d) (1) Except as provided in § 10–702 of the Tax – General Article and § 9–103 of the Tax – Property Article, the incentives and initiatives set forth in this section are available for 10 years after the date that an area is designated an enterprise zone.

(2) A law enacted after the enactment of this section that eliminates or reduces the benefits available to a business entity under this section does not apply to a business entity that was in an enterprise zone before the effective date of the law.

(e) (1) (i) Notwithstanding subsection (d) of this section, except for a business entity certified to receive a property tax credit under § 9–103 of the Tax – Property Article for a tax year beginning before July 1, 2008, a business entity located in an enterprise zone may not receive the incentives and initiatives set forth in subsection (a)(1) and (2) of this section if the entity is located on land or within improvements owned by the federal government, the State, a county, or a municipal corporation unless the business entity has first utilized all applicable property tax exemptions under Title 7 of the Tax – Property Article, including entering into any available payment in lieu of tax agreement.

(ii) Subparagraph (i) of this paragraph does not apply to a business entity leasing land or improvements owned by the Maryland Economic Development Corporation.

(2) Notwithstanding subsection (d) of this section, a business entity located in a BRAC Revitalization and Incentive Zone established under Subtitle 13 of this title may not receive the property tax credit under § 9–103 of the Tax – Property Article unless:

(i) the business entity qualified for the property tax credit before the date that the BRAC Revitalization and Incentive Zone is designated; or

(ii) the political subdivision where the business entity is located expressly grants the property tax credit to the business entity.
Md. Code, Correctional Services § 5-402 — MD Code / Article gcs / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

(a) With the approval of the Secretary, the Commissioner shall appoint a facility administrator of the Youth Detention Center.

(b) The facility administrator serves at the pleasure of the Commissioner.

(c) Subject to the authority of the Commissioner and the Secretary, the facility administrator is in charge of the Youth Detention Center.
Md. Code, Public Utilities § 5-302 — MD Code / Article gpu / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) Except as provided in subsection (b) of this section, a public service company shall file with the Commission:

(1) an annual report for the preceding calendar year; and

(2) special reports, information, contracts, records, and copies as required by the Commission.

(b) Unless otherwise directed by the Commission, a public service company is not required to comply with subsection (a) of this section if the public service company is:

(1) a common carrier; or

(2) a telephone company whose rates are not regulated by the Commission under Title 4 of this article.

(c) The Commission may require a public service company that files documents under subsection (a) of this section to file the documents under oath.
Md. Code, Alcoholic Beverages and Cannabis § 5-108 — MD Code / Article gab / Title 5 / Subtitle 1 / Section 5-108
§5–108.
Status: in_force

(a) This section does not apply to a temporary delivery agreement under § 2–209(c) of this article for a beer festival or a wine and beer festival.

(b) (1) (i) This paragraph does not apply to a franchisor that annually produces 20,000 or fewer barrels of beer in aggregate, in conjunction with any affiliate.

(ii) Notwithstanding the terms of a beer franchise agreement, a franchisor may not terminate or refuse to continue or renew a beer franchise agreement, or cause a franchisee to resign from a beer franchise agreement, without good cause.

(2) For purposes of paragraph (1) of this subsection, good cause includes the revocation of a franchisee’s license to do business in the State.
Md. Code, Family Law § 5-1038 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1038
§5–1038.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, a declaration of paternity in an order is final.

(2) (i) A declaration of paternity may be modified or set aside:

1. in the manner and to the extent that any order or decree of an equity court is subject to the revisory power of the court under any law, rule, or established principle of practice and procedure in equity; or

2. if a blood or genetic test done in accordance with § 5-1029 of this subtitle establishes the exclusion of the individual named as the father in the order.

(ii) Notwithstanding subparagraph (i) of this paragraph, a declaration of paternity may not be modified or set aside if the individual named in the order acknowledged paternity knowing he was not the father.

(b) Except for a declaration of paternity, the court may modify or set aside any order or part of an order under this subtitle as the court considers just and proper in light of the circumstances and in the best interests of the child.
Md. Code, Transportation § 5-413 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-413
§5–413.
Status: in_force

(a) Any person who is or becomes a full-time employee of the Maryland Aviation Administration Fire Rescue Service on or before September 30, 1993 shall remain or become a member of the Baltimore City Fire and Police Employees Retirement System. The Administration shall reimburse the City for the employer’s cost of the pension coverage.

(b) (1) Notwithstanding any public local or other law, the operator of a taxicab authorized and licensed to operate in a political subdivision of this State may, without being required to obtain an additional permit or license from any other political subdivision:

(i) Transport passengers to Baltimore–Washington International Thurgood Marshall Airport from the political subdivision in which the taxicab is authorized and licensed to operate; and

(ii) After transporting passengers to the airport from that political subdivision, pick up passengers at the airport and transport them to the political subdivision on its return trip.

(2) (i) In this paragraph, “nonairport taxicab operator” means a person authorized and licensed to operate a taxicab in a political subdivision of this State who is not employed by, or under contract with, an entity that holds a contract with the Administration to provide taxicab services at Baltimore–Washington International Thurgood Marshall Airport.

(ii) A nonairport taxicab operator may not solicit commercial passengers at Baltimore–Washington International Thurgood Marshall Airport, including in or at the terminal building, vestibules, sidewalks, roadways, and parking lots.

(iii) Except as provided in subparagraph (iv) of this paragraph, a nonairport taxicab operator shall immediately depart the terminal after dropping off a commercial passenger.

(iv) A nonairport taxicab operator may park at the operator’s expense in a public parking lot when not transporting commercial passengers to Baltimore–Washington International Thurgood Marshall Airport.

(v) A nonairport taxicab operator who violates this paragraph is subject to a civil fine not exceeding $500.

(c) The Administration may not begin construction of the new parallel transport runway, identified in the Airport Master Plan as runway 10 R/28L, until:

(1) The Administration:

(i) 1. Reviews the current airport noise zone and abatement procedures, such reviews to include an examination and an evaluation of runway curfews; and

2. Updates the noise zone as proposed by the Administration on February 25, 1987;

(ii) Adopts the proposed noise assistance programs for residential areas within the airport noise zone including, but not limited to:

1. Extension of the voluntary acquisition program;

2. In cooperation with the Board of Airport Zoning Appeals established by Subtitle 5 of this title, strengthening of zoning permit procedures as necessary; and

3. Establishment of a homeowner assistance program; and

(iii) Implements a pilot program of homeowner assistance in fiscal year 1988; and

(2) The State Highway Administration completes construction of the following highway projects required in conjunction with airport improvements:

(i) Hammonds Ferry Road/Poplar Avenue intersection improvements;

(ii) MD 170/Poplar Avenue intersection;

(iii) Poplar Avenue widening;

(iv) MD 176 widenings;

(v) MD 176/Hammonds Ferry Road intersection;

(vi) Nursery Road/MD 295 interchange; and

(vii) MD 3/MD 176 interchange (auxiliary lane).

(d) The international terminal at Baltimore-Washington International Thurgood Marshall Airport shall be named the Governor William Donald Schaefer International Terminal.
Md. Code, Alcoholic Beverages and Cannabis § 5-105 — MD Code / Article gab / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

If a franchisor designates a sales territory for which a franchisee is primarily responsible or in which a franchisee is required to concentrate its efforts, the franchisor may not enter into a beer franchise agreement with another beer distributor to establish an additional franchisee for its brand or brands of beer in that sales territory.
Md. Code, Natural Resources § 5-413 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-413
§5–413.
Status: in_force

If any owner or custodian of land from which any trees, shrubs, or boughs described in § 5-412 of this subtitle are transported within the State are cut or removed, identification of the owner, custodian, or agent shall accompany the shipment.
Md. Code, Corporations and Associations § 5-643 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-643
§5–643.
Status: in_force

(a) (1) A member–regulated cooperative shall hold an election to revert to a cooperative on:

(i) A majority vote of the board of directors; or

(ii) Receipt by the board of directors of a petition signed by at least 1,000 members.

(2) A member–regulated cooperative may hold an election to revert to a cooperative only once every 12 months.

(b) (1) A vote to revert to a cooperative shall be held in accordance with § 5–635 of this subtitle.

(2) Within 5 days after an affirmative vote to revert to a cooperative, the member–regulated cooperative shall file a declaration with the Commission stating that it has reverted to a cooperative.

(c) (1) The Commission shall have jurisdiction over a member–regulated cooperative that has elected to revert to a cooperative on issuance of an order by the Commission.

(2) The Commission shall issue the order under paragraph (1) of this subsection within 180 days after the filing of a declaration under subsection (b)(2) of this section.
Md. Code, Estates and Trusts § 5-603 — MD Code / Article get / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

(a) If the register finds that the petition and additional information filed in the proceeding is accurate, the register shall:

(1) Direct that the petitioner serve as personal representative of the small estate and issue additional letters of administration as needed;

(2) Direct the immediate payment of the allowable funeral expenses as provided in § 8–106 of this article and the family allowances provided in § 3–201 of this article;

(3) Direct sale of property as may be necessary to satisfy expenses and allowances; and

(4) If it appears that there will be property remaining after the payments, expenses and allowances, admit a will to probate and direct that notice be given in accordance with subsection (b) of this section.

(b) (1) If the register directs a proceeding in accordance with subsection (a)(4) of this section, unless notice of the appointment of a personal representative appointed under Subtitle 3 or Subtitle 4 of this title has been published one or more times, notice shall be given once in the form required by § 7–103 of this article, but the period within which objection must be made to the action is 30 days from the date of publication of notice and the period within which claims must be filed is the earlier of the following dates:

(i) 6 months after the date of the decedent’s death; or

(ii) 30 days after the personal representative mails or otherwise delivers to the creditor a copy of a notice in the form required by § 7–103 of this article or other written notice, notifying the creditor that the creditor’s claim will be barred unless the creditor presents the claim within 30 days from the mailing or other delivery of the notice.

(2) In delivering a copy of a notice to the creditor under paragraph (1)(ii) of this subsection, the personal representative shall comply with the provisions of § 7–103.1 of this article.

(3) If the register directs a proceeding in accordance with subsection (a)(4) of this section and if notice of the appointment of a personal representative appointed under Subtitle 3 or Subtitle 4 of this title has been published one or more times, the notice provisions of § 7–103 of this article and the time limits specified therein shall apply.
Md. Code, Agriculture § 5-304 — MD Code / Article gag / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

In order to control, retard, or eradicate dangerously injurious plant pests, the Secretary may:

(1) Establish or rescind quarantines against the introduction into the State of any plant material known to be infested or infected or which reasonably may be believed to be infested or infected;

(2) Quarantine any area of the State known or reasonably believed to be infested or infected with dangerously injurious plant pests;

(3) Regulate the movement of infested or infected plant material or nonplant material likely to transfer the infestation or infection from a quarantined area to a noninfested or noninfected area;

(4) Remove any quarantine when the purpose for which it was established is achieved;

(5) Regulate or prohibit the planting of any crop in a quarantined area which the Secretary determines would prevent or limit the control, retardation, or eradication of any dangerously injurious plant pest for which the quarantine is established; and

(6) Issue directives for any quarantined area as an integral part of the quarantine order relating to treatment of infested or infected crops and to treatment of soil, implements, storage facilities, or any other equipment or materials in the area that are likely to be a factor in transmitting any dangerously injurious plant pest to nonquarantined areas in the State.
Md. Code, Natural Resources § 5-430 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-430
§5–430.
Status: in_force

(a) In order to implement the Green Shores Program, the Department may:

(1) Enter into contractual agreements with other State agencies, local governments, nonprofit corporations, and private citizens who receive payments or grants;

(2) Set priorities by watersheds for the dissemination of grants and payments; and

(3) Adopt regulations.

(b) Any contractual agreement that the Department enters into under the Green Shores Program shall specify the terms of the grant or payment.
Md. Code, Health - General § 5-307 — MD Code / Article ghg / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

The Department, in consultation with the Committee, may adopt rules and regulations to carry out the provisions of this subtitle.
Md. Code, Corporations and Associations § 5-531 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-531
§5–531.
Status: in_force

The Maryland General Corporation Law applies to every cooperative except to the extent that the Maryland General Corporation Law:

(1) Expressly exempts cooperatives; or

(2) Is contrary to or inconsistent with the provisions of this subtitle.
Md. Code, Commercial Law § 5-111 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-111
§5–111.
Status: in_force

(a) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or nominated person presenting on its own behalf may recover from the issuer the amount that is the subject of the dishonor or repudiation. If the issuer’s obligation under the letter of credit is not for the payment of money, the claimant may obtain specific performance or, at the claimant’s election, recover an amount equal to the value of performance from the issuer. In either case, the claimant may also recover incidental but not consequential damages. The claimant is not obligated to take action to avoid damages that might be due from the issuer under this subsection. If, although not obligated to do so, the claimant avoids damages, the claimant’s recovery from the issuer must be reduced by the amount of damages avoided. The issuer has the burden of proving the amount of damages avoided. In the case of repudiation the claimant need not present any document.

(b) If an issuer wrongfully dishonors a draft or demand presented under a letter of credit or honors a draft or demand in breach of its obligation to the applicant, the applicant may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach.

(c) If an adviser or nominated person other than a confirmer breaches an obligation under this article or an issuer breaches an obligation not covered in subsection (a) or (b) of this section, a person to whom the obligation is owed may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach. To the extent of the confirmation, a confirmer has the liability of an issuer specified in this subsection and subsections (a) and (b) of this section.

(d) An issuer, nominated person, or adviser who is found liable under subsection (a), (b), or (c) of this section shall pay interest on the amount owed thereunder from the date of wrongful dishonor or other appropriate date.

(e) Reasonable attorney’s fees and other expenses of litigation must be awarded to the prevailing party in an action in which a remedy is sought under this title.

(f) Damages that would otherwise be payable by a party for breach of an obligation under this title may be liquidated by agreement or undertaking, but only in an amount or by a formula that is reasonable in light of the harm anticipated.
Md. Code, General Provisions § 5-862 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-862
§5–862.
Status: in_force

(a) (1) The Frederick County Ethics Commission or another aggrieved party of record may assert as procedural error a violation of this part in an action for judicial review of the application.

(2) If the court finds that a violation of this part occurred, the court shall remand the case to the governing body for reconsideration.

(b) (1) A person that knowingly and willfully violates this part is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

(2) If the person is a business entity or agent and not an individual, each member, officer, or partner of the business entity or agent who knowingly authorized or participated in the violation is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

(3) An action taken in reliance on an opinion of the State Ethics Commission or the Frederick County Ethics Commission may not be considered a knowing and willful violation.

(c) (1) A person that is subject to this part shall preserve all books, papers, and other documents necessary to complete and substantiate any reports, statements, or records required to be made under this part for 3 years from the date of filing the application.

(2) The documents shall be available for inspection on request.
Md. Code, Environment § 5-408 — MD Code / Article gen / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

(a) The Authority shall assess and collect charges for payment of the State’s share of the initial cost of the project. Each represented county is assessed at a rate calculated from a cost-sharing formula based on a withdrawal ratio calculated as the sum of the average daily withdrawals from the Potomac River by all represented counties and non-Maryland users during the month of maximum withdrawal in the preceding calendar year divided into the average daily withdrawals for the county from the Potomac River during the same month.

(b) The Authority shall assess non-Maryland users subject to appropriation requirements in § 5-502 of this title based on a rate calculated by the same means used for assessment of represented counties. The Authority shall collect assessed charges from non-Maryland users in a manner the Authority prescribes.

(c) The Authority may enter into any contract or agreement with the government of the District of Columbia for the District of Columbia to pay the Authority its equitable share of initial cost of the project. The contract shall contain provisions to which the Authority and the government of the District of Columbia agree and may include provisions to ascertain the District of Columbia’s equitable share of costs, periodic revision of the amount of that share, and other cost payments by the District of Columbia. Any executed contract or agreement has full force and effect as a contract between the District of Columbia and the State.

(d) An assessment of charges shall be:

(1) Determined when the first payment is due, based on the preceding calendar year’s daily withdrawal information; and

(2) Updated annually.
Md. Code, General Provisions § 5-511 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-511
§5–511.
Status: in_force

This part applies only to members of the General Assembly.
Md. Code, Financial Institutions § 5-1015 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1015
§5–1015.
Status: in_force

If any provision of this subtitle or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this subtitle that can be given effect without the invalid provision or application.
Md. Code, Criminal Law § 5-201 — MD Code / Article gcr / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) The Department, those of its officers, agents, inspectors, and representatives whom the Secretary designates, and each police officer and State’s Attorney in the State shall:

(1) enforce the provisions of this title that are not specifically delegated; and

(2) cooperate with each unit that enforces any federal, state, or local law relating to controlled dangerous substances.

(b) The Department may:

(1) arrange for the exchange of information between governmental officials concerning the use and abuse of dangerous substances;

(2) coordinate and cooperate in training programs on dangerous substance law enforcement at the local and State levels;

(3) eradicate wild or unlawfully grown plants from which controlled dangerous substances may be extracted; and

(4) cooperate with the federal Drug Enforcement Administration by establishing a centralized unit that will:

(i) accept, catalogue, file, and collect statistics obtained from law-enforcement units, including records of drug dependent persons convicted of drug crimes and of other offenders who violate dangerous substance laws in the State; and

(ii) make the statistics available for federal, State, and local law-enforcement purposes.
Md. Code, Financial Institutions § 5-1010 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1010
§5–1010.
Status: in_force

(a) Subject to § 5-1012 of this subtitle, if the Commissioner finds that a branch of an other-state bank in this State is being operated in an unsafe or unsound manner or there is any violation of Maryland law by the branch of the other-state bank, the Commissioner may undertake enforcement actions as otherwise authorized under provisions in this article governing banking institutions.

(b) The Commissioner may enter into joint enforcement actions with other bank supervisory agencies having concurrent jurisdiction over an other-state bank that has a branch in this State.
Md. Code, Natural Resources § 5-1609 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1609
§5–1609.
Status: in_force

(a) (1) By December 31, 1991, the Department, after consulting with local government and the real estate development, building, and environmental communities, shall adopt regulations, including the development of guidance manuals to:

(i) Implement this subtitle and set requirements and standards which establish:

1. Standards of performance required in forest stand delineations and forest conservation plans including the submittal process;

2. Criteria for local forest conservation programs; and

3. Implementation processes for the Department’s administration in the absence of a local forest conservation program;

(ii) Assist and guide local authorities in the development of their local forest conservation program by providing:

1. Training of local officials; and

2. A model local government ordinance that meets the requirements of this subtitle; and

(iii) Assist developers, planners, surveyors, engineers, foresters, biologists, and landscape architects in:

1. Developing methodology and gathering natural resource information required in the preparation of a forest stand delineation and a forest conservation plan;

2. Determining the size, location, and orientation of forest areas to be retained;

3. Determining the size, location, and orientation of areas to be afforested or reforested;

4. Implementing protection techniques and devices used in preserving specimen trees or areas designated for retention during construction; and

5. Determining species, spacing, and timing of afforestation or reforestation.

(2) All provisions of the guidance manual that are not specifically noted as standards or minimum requirements shall be deemed recommendations by the Department for the development of the local program.

(b) By December 31, 1992, the Department shall prepare and provide to local authorities a statewide forest resource inventory that shall:

(1) Be updated every 5 years or as deemed appropriate by the Department; and

(2) Include a list of potential sites for reforestation or afforestation of both publicly and privately owned land on a county by county basis.
Md. Code, Economic Development § 5-2302 — MD Code / Article gec / Title 5 / Subtitle 23 / Section 5-2302
§5–2302.
Status: in_force

§5–2302. IN EFFECT

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

(a) There is a Build Our Future Grant Pilot Program in the Department.

(b) The purpose of the Program is to provide grant funding for infrastructure projects intended to support innovation in an eligible technology sector.

(c) Grants may be awarded to private companies, nonprofit entities, local governments, or colleges and universities in the State.

(d) The Department shall administer the Program.
Md. Code, Public Safety § 5-308 — MD Code / Article gps / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

A person to whom a permit is issued or renewed shall carry the permit in the person’s possession whenever the person carries, wears, or transports a handgun.
Md. Code, Insurance § 5-309 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

(a) This section does not apply to reserves for disability and accidental death benefits and benefits for long-term home health care and long-term care in a nursing home or other related institution included in a life insurance policy.

(b) An insurer’s aggregate reserves for all life insurance policies may not be less than the aggregate reserves calculated in accordance with:

(1) the methods set forth in §§ 5-307, 5-308, 5-311, and 5-312 of this subtitle; and

(2) the mortality tables and rates of interest used in calculating nonforfeiture benefits for those policies.
Md. Code, Corporations and Associations § 5-6B-02 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-02
§5–6B–02.
Status: in_force

(a) A contract for the initial sale of a cooperative interest to a member of the public for residential use is not enforceable against the initial purchaser unless:

(1) The initial purchaser is given at or before the time a contract is entered into between the developer and the initial purchaser, a public offering statement containing all of the information required by this section; and

(2) The contract contains, in conspicuous type, a notice of the initial purchaser’s right to receive a public offering statement and the rescission rights provided under this title.

(b) The public offering statement shall contain at least the following:

(1) The name and address of the developer;

(2) The following statements:

(i) A boundary survey or metes-and-bounds description of the cooperative project together with a location survey of all improvements, including recreational facilities, streets, and roads, and a drawing of any proposed improvements not yet constructed within the cooperative project;

(ii) A statement of the form of ownership of all real and personal property which is intended by the developer to be owned or leased by the cooperative housing corporation;

(iii) A statement as to whether streets abutting the cooperative project are to be dedicated to public use or maintained by the cooperative housing corporation;

(iv) A statement of the projected completion dates for proposed improvements and, in the case of a contract for the initial sale of a cooperative interest in a cooperative housing corporation which has not yet been formed, a statement of the projected date of formation;

(v) A statement whether and under what conditions units may be sublet or cooperative interests sold by members;

(vi) A description of the voting and other rights in the cooperative housing corporation which attach to a cooperative interest as such rights are described in § 2-105 of this article;

(vii) An opinion, based on stated factual assumptions, as to whether the members under current laws will be entitled to a pass-through of deductions from federal and State income taxes for payments made by the cooperative housing corporation for real estate taxes and interest on the property of the cooperative housing corporation;

(viii) A statement of the rights and responsibilities of members regarding the blanket encumbrance and a statement as to the nature and extent of any protection to the initial purchaser if the developer or cooperative housing corporation defaults on such a blanket encumbrance after transfer or a statement that there is no such protection;

(ix) A statement that a deposit made in connection with the purchase of a cooperative interest will be held in an escrow account in the same manner as provided in § 10-301 of the Real Property Article in the case of sales of new, uncompleted single family units;

(x) A statement of any fees required by the cooperative housing corporation in connection with the transfer of membership or issuance of a proprietary lease;

(xi) A statement of the common charges, known or anticipated, however denominated, which may be levied against a member;

(xii) A statement of the cooperative interest associated with each unit and the underlying debt responsibility associated with each unit on a pro rata basis, if applicable;

(xiii) A statement as to whether the cooperative housing corporation has or will obtain insurance coverage for casualty, property damage, and public liability and if so, in what amounts;

(xiv) In the case of a cooperative housing corporation containing buildings substantially completed more than 5 years prior to the date of the notice required under § 5-6B-05 of this subtitle, a statement of the physical condition and state of repair of the major structural, mechanical, electrical, and plumbing components of the improvements, to the extent reasonably ascertainable, the estimated costs of repairs for which a present need is disclosed in the statement, and a statement of repairs which the developer intends to make. The developer is entitled to rely on the reports of architects or engineers authorized to practice their profession in this State; and

(xv) A statement of all warranties and disclaimers being made to the initial purchaser and to the cooperative housing corporation by the developer;

(3) Copies of the proposed or final:

(i) Contract of sale;

(ii) Membership certificate;

(iii) Proprietary lease;

(iv) Articles of incorporation;

(v) Bylaws;

(vi) Rules, if any;

(vii) Floor plans;

(viii) Blanket encumbrances;

(ix) Member loan documents and any contract, note, mortgage given to the developer, or other instrument to be entered into with the developer as part of the initial sale;

(x) Any lease other than the proprietary lease to a third party of real or personal property to which the cooperative housing corporation is a party; and

(xi) Any management contract, employment contract, or other contract excluding contracts of insurance affecting the use, maintenance or access to all or part of the real or personal property of the cooperative housing corporation;

(4) A copy of the projected annual operating budget for the cooperative housing corporation including, where applicable:

(i) Insurance;

(ii) Administration;

(iii) Maintenance;

(iv) Utilities;

(v) General expenses;

(vi) Reserves;

(vii) Capital items;

(viii) Debt service; and

(ix) Taxes; and

(5) If applicable, a copy of the notice and materials required by § 5-6B-05 of this subtitle, and a copy of the financial standards required to be established under § 5-6B-06(a)(2)(i) of this subtitle.

(c) Statements required in this section may be summarized or produced in a collection of documents which effectively conveys the required information to the initial purchaser.

(d) The requirements of this section do not apply to the sale of any cooperative interest in a unit which is to be used and occupied for nonresidential purposes.
Md. Code, Transportation § 5-509 — MD Code / Article gtr / Title 5 / Subtitle 5 / Section 5-509
§5–509.
Status: in_force

(a) In this section, “district” means the land area established for Baltimore-Washington International Thurgood Marshall Airport delineated by and contained within a circle the radius of which is 4 miles from a point the Maryland grid coordinates of which are E893,909.99 -- N490,279.30.

(b) (1) Except as otherwise provided in this subtitle, a structure may not be erected, altered, or maintained and a tree or other vegetation may not be allowed to grow or be maintained at a height greater than the height limit established for the district.

(2) The Administration shall adopt regulations establishing the maximum height limit any structure, tree, or other vegetation may be allowed to grow or be maintained in the district, consistent with applicable federal aviation regulations.

(3) The Administration shall file in the land records of Anne Arundel County, Baltimore County, and Howard County a map depicting the district established by this section.
Md. Code, General Provisions § 5-826 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-826
§5–826.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the chief administrative officer of a county shall transmit each financial disclosure statement of a commissioner or appointed applicant to the executive director of the appropriate bicounty commission.

(2) In Montgomery County, the county council shall transmit each financial disclosure statement of a commissioner or appointed applicant to the Maryland–National Capital Park and Planning Commission to the executive director of the commission.

(b) The executive director and the chief administrative officer shall retain the statement for the entire term of office of the commissioner.

(c) (1) Within 15 days after an appointment to a bicounty commission has become final, if an applicant provided a paper copy of a financial disclosure, the county council and the chief administrative officer of the county involved shall return to each applicant who is not appointed the original and all copies of the statement submitted by that applicant.

(2) On notification by the chief administrative officer of the county involved that an applicant was not appointed, the Ethics Commission shall promptly delete the statement electronically filed by the applicant.
Md. Code, Environment § 5-606 — MD Code / Article gen / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

After receiving notification from the Department that an application for an exploratory or appropriation permit has been approved, but prior to commencing any construction, the applicant shall file a bond with the Department. The amount of the bond shall be determined by the Department. The bond shall be conditioned that the applicant will faithfully perform every requirement of this subtitle and regulations issued pursuant to this subtitle. The bond shall be executed by the applicant and a corporate surety licensed to do business in the State. The provisions of this section do not apply to the State, political subdivisions, or municipalities.
Md. Code, State Finance and Procurement § 5-602 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

(a) The Department shall prepare and from time to time revise a plan or plans for development of the State. The plan or plans collectively shall be known as the State Development Plan.

(b) The Department shall prepare the Plan to promote the general welfare and prosperity of the people of the State through the coordinated development of the State.

(c) The Department shall base the Plan on studies of governmental, economic, physical, and social conditions and trends.
Md. Code, State Finance and Procurement § 5-7B-09 — MD Code / Article gsf / Title 5 / Subtitle 7B / Section 5-7B-09
§5–7B–09.
Status: reserved

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

(2) “Infill development” means new development in a priority funding area on vacant, bypassed, and underutilized lands within existing developed areas.

(3) “Smart neighborhood development” means a comprehensively planned, compact mixed use development within a priority funding area that integrates residential, commercial, open space, and public uses.

(b) The Department of Planning shall:

(1) establish a process for the review of projects by the appropriate State agencies and the Department of Planning for compliance with this subtitle;

(2) provide to each State agency and unit of State government the location of priority funding areas; and

(3) make available to each county, and to the public for review, copies of maps illustrating:

(i) priority funding areas certified by the local governments; and

(ii) any comments by the Department of Planning on the areas certified.

(c) By October 1, 1998, the Department of Planning shall complete surveys of municipal, county, and State governments for infrastructure needs and shall maintain a list of needed projects that includes information relating to the financial capacity of the affected unit of government to undertake such projects.

(d) Repealed.

(e) The Department of Planning shall:

(1) draft model land–use codes for infill development and smart neighborhood development;

(2) draft guidelines to provide local governments with information on innovative planning and implementation techniques to encourage and facilitate infill development and smart neighborhood development;

(3) circulate the models and guidelines to other State agencies and departments; and

(4) work with local governments, State agencies, and departments to develop incentives to encourage the voluntary adoption and implementation by local governments of models and guidelines implementing the intent of the models and guidelines required to be developed by the Department of Planning under this section.

(f) Each State agency subject to this subtitle shall report annually to the Department of Planning on the implementation of this subtitle in a form approved by the Department of Planning.
Md. Code, Health - General § 5-620 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-620
§5–620.
Status: in_force

There is an Advance Directive Program in the Department.
Md. Code, Business Regulation § 5-802 — MD Code / Article gbr / Title 5 / Subtitle 8 / Section 5-802
§5–802.
Status: in_force

(a) Within 1,000 yards of Druid Hill Park:

(1) a cemetery corporation may not allow burial or establish or maintain a cemetery; and

(2) a person may not participate in any way in a burial in a cemetery of a cemetery corporation.

(b) A person may not cause a funeral procession to or from a cemetery of a cemetery corporation to pass through Druid Hill Park without the written permission of the Department of Recreation and Parks.

(c) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100 or imprisonment not exceeding 10 days or both.
Md. Code, Criminal Procedure § 5-201 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) (1) The court or a District Court commissioner shall consider including, as a condition of pretrial release for a defendant, reasonable protections for the safety of the alleged victim.

(2) If a victim has requested reasonable protections for safety, the court or a District Court commissioner shall consider including, as a condition of pretrial release, provisions regarding no contact with the alleged victim or the alleged victim’s premises or place of employment.

(b) (1) In accordance with eligibility criteria, conditions, and procedures required under the Maryland Rules, the court may require, as a condition of a defendant’s pretrial release, that the defendant be monitored by a private home detention monitoring agency licensed under Title 20 of the Business Occupations and Professions Article.

(2) Except as provided under paragraph (3) of this subsection, a defendant placed in private home detention under paragraph (1) of this subsection shall pay directly to the private home detention monitoring agency the agency’s monitoring fee.

(3) Subject to the availability of federal funding under paragraph (4) of this subsection, a defendant may not be required to pay a private home detention monitoring agency’s monitoring fee or pay for a home detention monitoring device if:

(i) the defendant qualifies as an indigent individual under § 16–210 of this article; or

(ii) a home detention monitoring device or global positioning system device is provided by the State or a local jurisdiction.

(4) The State shall use available federal funds to provide payment to a private home detention monitoring agency for any costs or fees incurred that are not required to be paid by a defendant under paragraph (3) of this subsection.
Md. Code, Health - General § 5-901 — MD Code / Article ghg / Title 5 / Subtitle 9 / Section 5-901
§5–901.
Status: in_force

In this subtitle, “local team” means the multidisciplinary and multiagency drug overdose fatality review team established for a county.
Md. Code, Human Services § 5-312 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-312
§5–312.
Status: in_force

(a) This section is not intended to create an incentive for individuals to seek temporary cash assistance benefits instead of employment.

(b) A local department shall provide temporary cash assistance to an applicant or recipient only if:

(1) the applicant or recipient meets the requirements for participation in the FIP set forth in § 5–308 of this subtitle;

(2) the applicant or recipient assigns to the State all right, title, and interest in support, for the period that the family receives temporary cash assistance, from any other person that the applicant or recipient has on behalf of any intended or potential recipient for whom the applicant or recipient is applying for or receiving assistance; and

(3) in the case of an applicant or recipient who is a minor parent, the applicant or recipient lives:

(i) with a parent, legal guardian, custodian, or other adult relative who will be the payee of the minor parent;

(ii) in an adult–supervised group living arrangement that provides a protective payee and:

1. there is no available parent, legal guardian, custodian, or other adult relative with whom the minor parent can live;

2. the minor parent or child would be subject to physical or emotional harm, sexual abuse, or neglect in the home of any available adult relative; or

3. a social service worker finds that living with any available adult relative would not be in the best interest of the minor parent or child; or

(iii) independently, if a social service worker confirms that the physical safety or emotional health of the minor parent or child would otherwise be in jeopardy.

(c) A recipient who meets the requirements of the FIP is entitled to temporary cash assistance benefits.

(d) In determining the eligibility for and the amount of temporary cash assistance to be provided to an applicant or recipient who is a legal immigrant, the income and resources of the applicant or recipient shall include, for the period of time established by federal law, the income and resources of any sponsor who executed an affidavit of support in accordance with 8 U.S.C. § 1183a on behalf of the legal immigrant.

(e) (1) (i) The local department shall impose a 30% reduction of the portion of a recipient’s grant amount designated for the adult member or members, minor parent or parents, or pregnant individual if an adult member, minor parent, or pregnant individual is found to be in noncompliance, without good cause, with FIP work activity requirements.

(ii) The portion of the grant amount designated for the child or children of the assistance unit may not be reduced or terminated based on noncompliance by an adult member’s or minor parent’s noncompliance with FIP work activity requirements.

(2) The local department shall impose a 25% reduction of the entire grant amount if an adult member or minor parent is found to be in noncompliance without adequate reason or good cause with child support requirements.

(3) (i) If a recipient is found to be in noncompliance with FIP requirements, the local department shall provide a 30–day conciliation period for each instance of noncompliance.

(ii) During the 30–day conciliation period, the case manager shall advise the recipient of the noncompliance, and help the recipient to comply by:

1. investigating the reasons for noncompliance, including by personally contacting the family of the recipient;

2. evaluating and preparing a written determination of whether the recipient qualifies for an exemption or good cause under § 5–308(b) or (c) of this subtitle;

3. sending the recipient a letter offering a conciliation conference; and

4. assisting the recipient in identifying and resolving any barriers to compliance.

(4) The Secretary may not reduce or terminate temporary cash assistance to a family until 30 days after the day on which the first written notice of noncompliance was sent to the recipient.

(5) For noncompliance with a FIP requirement, the full amount of temporary cash assistance shall resume on compliance with the FIP requirement.

(6) If temporary cash assistance is reduced or terminated under this subsection, a recipient shall retain eligibility for medical assistance and food stamps, as long as the recipient meets the medical assistance and food stamp program requirements.

(f) (1) After termination of temporary cash assistance under this section, a recipient may receive transitional assistance.

(2) If a caseworker determines that transitional assistance is appropriate, the FIP benefit that would have been paid to the recipient shall be paid instead to a third party payee on behalf of the recipient for a period of up to 3 months.

(3) The caseworker of a recipient, in conjunction with the recipient and subject to the approval of the Secretary, shall select a third party payee described in paragraph (2) of this subsection.

(4) The third party payee shall provide transitional assistance to the recipient in one or more of the following forms:

(i) counseling;

(ii) housing;

(iii) child care;

(iv) household supplies and equipment;

(v) direct assistance other than a cash payment; and

(vi) any other noncash assistance that may be necessary to assist the recipient to make the transition from welfare.

(5) A local department may pay an administrative fee to a third party payee to cover the administrative costs of the third party payee for providing the services described in paragraph (4) of this subsection.

(6) The funds provided through transitional assistance may not be used to further sectarian religious instruction.

(7) The Secretary shall adopt regulations specifying the selection criteria for third party payees under this subsection.

(8) A recipient who has received transitional assistance may reapply for the FIP benefit and the benefit shall be furnished with reasonable promptness to all eligible individuals.
Md. Code, Natural Resources § 5-1604 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1604
§5–1604.
Status: in_force

(a) Except as provided in subsection (b)(2) and (3) of this section, after December 31, 1992, or after the date on which a local program has been adopted under § 5-1603 of this subtitle, whichever occurs first, a person making application for subdivision or grading or sediment control permits on areas greater than 40,000 square feet shall submit a forest stand delineation for the entire site prepared by a licensed forester, licensed landscape architect, or other qualified professionals that may be approved by the State or a local authority in the manner required by the approved program.

(b) (1) The forest stand delineation shall be used during the preliminary review process to determine the most suitable and practical areas for forest conservation. Subject to paragraphs (2) and (3) of this subsection, and except when waived by the Department during approval or review of a local program, the forest stand delineation shall contain the following components:

(i) A topographic map delineating intermittent and perennial streams, and steep slopes over 25%;

(ii) A soils map delineating soils with structural limitations, hydric soils, or soils with a soil K value greater than 0.35 on slopes of 15% or more;

(iii) Forest stand maps indicating species, location, and size of trees and showing dominant and codominant forest types; and

(iv) Any other requirements necessary to carry out the purposes of this subtitle established in regulations adopted by the Department or imposed by a local authority.

(2) A concept plat or plan, preliminary plat or plan, sediment and erosion control plan, site plan, or other appropriate document, verified by a site visit if appropriate, may substitute for the forest stand delineation required by paragraph (1) of this subsection if:

(i) There is no forest on the site; or

(ii) No forest on the site is to be cut, cleared, or graded for the proposed use, and all forest on the site is to be subject to a long-term protective agreement.

(3) The Department shall provide for, and a local authority may adopt, a simplified process or processes for forest stand delineation under this section, including:

(i) Limiting required forest sampling to areas not proposed for protection under long-term protective agreements as long as all priority areas on the site are protected; and

(ii) Minimizing overlapping mapping and sampling requirements for sites where no disturbance of priority forest retention areas is contemplated.

(c) Within 30 days from receipt of the forest stand delineation, the Department or local authority shall notify the applicant whether the forest stand delineation is complete and correct. If the Department or local authority fails to notify the applicant about the delineation within 30 days, the delineation shall be treated as complete and correct. The Department or local authority may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances.
Md. Code, Criminal Procedure § 5-214 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-214
§5–214.
Status: in_force

Notwithstanding Maryland Rule 4–217(g), after a defendant has appeared in person before the commissioner or judge in a case, the defendant may post bond by means of electronic transmission or hand delivery of the relevant documentation without appearing before the commissioner or judge, if authorized by:

(1) in the circuit court, the County Administrative Judge; and

(2) in the District Court, the Chief Judge of the District Court.
Md. Code, Family Law § 5-3B-12 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-12
§5–3B–12.
Status: in_force

Except for a child being placed for adoption with a relative of the child, by blood or marriage within 4 degrees of affinity or consanguinity under the civil law rule, a parent or grandparent may place a child for adoption only if:

(1) a petition for adoption is filed in court; and

(2) the court, by order, sanctions the placement pending final action on the petition.
Md. Code, Financial Institutions § 5-805 — MD Code / Article gfi / Title 5 / Subtitle 8 / Section 5-805
§5–805.
Status: in_force

(a) A person may not willfully make, circulate, or send to another any untrue statement that is derogatory to the financial condition or affects the solvency or financial standing of any bank, trust company, or savings bank doing business in this State or counsel, aid, procure, or induce another to make, circulate, or send to another such a statement.

(b) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years.
Md. Code, Economic Development § 5-513 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-513
§5–513.
Status: in_force

(a) In any action, service of process on the Authority shall be made by service on the Executive Director of the Authority.

(b) Service may be made in person or by leaving a copy of the process at the office of the Executive Director with the individual in charge of the office.
Md. Code, State Finance and Procurement § 5A-309 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-309
§5A–309.
Status: in_force

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

(b) “Board” means the Board of Trustees of the Maryland Historical Trust.

(c) “Trustee” means a member of the Board.
Md. Code, Family Law § 5-305 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-305
§5–305.
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.
Md. Code, Health - General § 5-503 — MD Code / Article ghg / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

A person may not cremate or initiate alkaline hydrolysis or natural organic reduction of a body until at least 12 hours after death.
Md. Code, Economic Development § 5-1410 — MD Code / Article gec / Title 5 / Subtitle 14 / Section 5-1410
§5–1410.
Status: in_force

This subtitle and the tax credits and benefits authorized under it shall terminate on January 1, 2030.
Md. Code, State Finance and Procurement § 5-202 — MD Code / Article gsf / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) The Secretary may employ a staff in accordance with the State budget.

(b) Each staff assistant in charge of a particular area of responsibility and each professional consultant is in the executive service, management service, or is a special appointment in the State Personnel Management System and is appointed by and serves at the pleasure of the Secretary.

(c) Except as provided in subsection (b) of this section or otherwise by law, the Secretary shall appoint and remove all other staff in accordance with the provisions of the State Personnel and Pensions Article.

(d) (1) The Secretary may review any personnel action taken by any unit in the Department.

(2) The appointment or removal of personnel by a board, division, or other agency within the jurisdiction of the Department is subject to the approval of the Secretary.

(3) The Secretary may delegate the power of approval to the heads or governing bodies of the boards, commissions, divisions, or other agencies within the jurisdiction of the Department.
Md. Code, Health Occupations § 5-301 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

(a) Except as otherwise provided in this subtitle, an individual shall be licensed by the Board before the individual may practice dietetics in the State.

(b) The following individuals may practice dietetics without a license:

(1) A student or trainee, working under the supervision of a licensed dietitian-nutritionist while fulfilling an experience requirement or pursuing a course of study to meet requirements for licensure, for a limited period of time as determined by the Board;

(2) An individual employed by the United States government to practice dietetics, while practicing within the scope of that employment; and

(3) An individual who aids in the practice of dietetics, if the individual works under the supervision of a licensed dietitian-nutritionist or licensed physician.
Md. Code, Business Occupations and Professions § 5-201 — MD Code / Article gbo / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

There is a State Board of Cosmetologists in the Department.
Md. Code, Criminal Law § 5-305 — MD Code / Article gcr / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

In accordance with regulations that the Department adopts, the Department may inspect the establishment of a registrant or applicant for registration.
Md. Code, State Government § 5-103 — MD Code / Article gsg / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) Before taking office, the Treasurer shall place in a trust over which the Treasurer has no control or otherwise shall be divested of all capital stock of banks, trust companies, and other financial institutions in the State.

(b) While in office, the Treasurer may not own capital stock of or receive compensation from a bank, trust company, or other financial institution in the State.
Md. Code, Courts and Judicial Proceedings § 5-640 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-640
§5–640.
Status: in_force

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

(2) “Child passenger safety technician” means an individual who holds a current certification as a child passenger safety technician or technician instructor by the National Highway Traffic Safety Administration of the United States Department of Transportation, the American Automobile Association, or other entity designated by the National Highway Traffic Safety Administration.

(3) “Child safety seat” has the meaning stated in § 22-412.2 of the Transportation Article.

(4) “Sponsoring organization” means a person that:

(i) Employs a child passenger safety technician;

(ii) Offers or arranges free child safety seat checkup events or fitting station programs for the general public; or

(iii) Owns property on which a free child safety seat checkup event or fitting station program for the general public takes place.

(b) A child passenger safety technician or sponsoring organization is not civilly liable for an act or omission that occurs solely in the inspection, installation, or adjustment of a child safety seat in a motor vehicle, or in giving advice or assistance regarding the installation or adjustment of a child safety seat, if:

(1) The child passenger safety technician acts in good faith and within the scope of the training for which the technician is currently certified;

(2) The act or omission does not constitute gross negligence or willful or wanton misconduct;

(3) The inspection, installation, or adjustment of the child safety seat, or the advice or assistance, is provided without fee or charge to the owner or operator of the motor vehicle; and

(4) The inspection, installation, or adjustment of the child safety seat is not provided in conjunction with the for profit sale of the child safety seat.
Md. Code, Environment § 5-406 — MD Code / Article gen / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

The Authority may contract with the federal government to acquire storage in the Bloomington Dam project to regulate the streamflow of the Potomac River for water supply subject to the provisions of the Constitution or laws of the State and the following restrictions:

(1) Reservoir regulation to increase or decrease downstream flows for water supply purposes shall conform to a schedule agreed on in writing between the Authority and the federal government;

(2) Any contract, revision, or change of any part of the agreement, prior to becoming effective, shall be reviewed by the Department and, as to legality, by the Attorney General;

(3) No hold harmless or indemnity provision made a part of any contract the Authority enters into may bind the State or any of its political subdivisions;

(4) The contract may not restrict access as provided by the Act of August 1, 1953 (67 Stat. 359); and

(5) The terms of a contract between the Authority and the federal government may be renegotiated upon their mutual agreement.
Md. Code, Transportation § 5-419 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-419
§5–419.
Status: reserved

(a) Any political subdivision that has general taxing power in its jurisdiction may:

(1) Issue its bonds in the amounts, at the rates of interest, and with the serial maturities that the governing body of the political subdivision determines by resolution, order, or ordinance; and

(2) Use the proceeds from the sale of the bonds to acquire sites and construct, enlarge, alter, or improve airports, airport facilities, and air navigation facilities.

(b) (1) The principal of and interest on the bonds issued by a political subdivision under this section shall be secured by the full faith and credit of the political subdivision. For the payment of the principal of and interest on the bonds as they become due and payable, the political subdivision annually shall levy a general tax on all of the assessable property subject to taxation in its jurisdiction.

(2) A political subdivision may not issue any bonds under this section in an amount that, together with the aggregate amount of all other bonded indebtedness of the political subdivision, exceeds a total of 4 percent of the total assessed valuation of the real property located in the political subdivision and 10 percent of the total assessed valuation of personal property and operating real property described in § 8-109(c) of the Tax - Property Article located in the political subdivision.

(c) This section supersedes any other general or local law to the extent of any conflict. No part of this section may be deemed to be impliedly repealed or superseded by any subsequent legislation if such construction reasonably can be avoided.
Md. Code, Family Law § 5-309 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

A juvenile court may assign counsel fees and costs among the parties to a case as the juvenile court considers appropriate and the parties’ economic situations allow.
Md. Code, Economic Development § 5-319 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-319
§5–319.
Status: reserved

(a) (1) Financial assistance from the Fund not exceeding $2,500,000 may be approved by the Secretary.

(2) Except as provided in paragraph (3) of this subsection, financial assistance from the Fund exceeding $2,500,000 requires approval by the Authority.

(3) For a Tier I county project, the Secretary may approve financial assistance exceeding $2,500,000.

(b) Except as provided in subsection (a)(3) of this section, with respect to requests for financial assistance exceeding $2,500,000:

(1) the Department shall evaluate the requests; and

(2) the Authority shall:

(i) evaluate the requests that have first been evaluated by the Department;

(ii) determine whether to approve the requests; and

(iii) set the terms and conditions of the financial assistance.

(c) (1) Except as provided in paragraph (2) of this subsection, financial assistance provided to a local government or the Corporation for a project shall be approved by a formal resolution of:

(i) the governing body of the jurisdiction in which the project is located; or

(ii) if the recipient of the financial assistance is the Corporation, its board of directors.

(2) If the recipient of the financial assistance is the Corporation for a Tier I county project, the financial assistance shall be approved by formal resolutions of both the board of directors of the Corporation and the governing body of the jurisdiction in which the project is located.

(3) A project that is funded by a grant from the Fund to a local government or the Corporation, and carried out by the local government or the Corporation, shall be consistent with the strategy or plan for economic development of the county or municipal corporation in which the project is located.

(4) If the Department provides financial assistance to a local government for a project, an interest in that project is later transferred to a third party, and the transfer of the interest is financed by the local government:

(i) the local government may assign the financing documents to the Department as a repayment of or return on the Department’s financial assistance to the local government; and

(ii) the assignment may not be considered a new financing under this subtitle.

(d) For a local economic development opportunity, the local government of the jurisdiction in which the project is located shall provide:

(1) a formal resolution of the governing body of the jurisdiction in which the project is located that endorses the financial assistance to be provided from the Fund; and

(2) as determined by the Department or Authority to evidence the support of the local government for the project:

(i) a guarantee, secured by the full faith and credit of the county or municipal corporation in which the project is located, of all or part of the financial assistance to be provided by the Fund;

(ii) the financing of part of the costs of the project equal to at least 10% of the financial assistance to be provided from the Fund; or

(iii) both.
Md. Code, Environment § 5-412 — MD Code / Article gen / Title 5 / Subtitle 4 / Section 5-412
§5–412.
Status: in_force

The Authority may receive from the State, its political subdivisions, the federal government, or any other source funds to apply to its obligations and duties under this subtitle. The Authority may borrow from the State and any represented county, and the State and any represented county may lend to the Authority funds the Authority requires to meet obligations under its contract with the federal government.
Md. Code, State Finance and Procurement § 5A-317 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-317
§5A–317.
Status: in_force

On request, the Board shall receive legal counsel and services from the Attorney General to carry out the purposes of the Trust.
Md. Code, Courts and Judicial Proceedings § 5-427 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-427
§5–427.
Status: in_force

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

(2) “Practice land surveying” has the same meaning as provided in § 15–101 of the Business Occupations and Professions Article.

(3) “Professional land surveyor” means a land surveyor who is licensed by the State Board for Professional Land Surveyors to practice land surveying.

(b) A professional land surveyor, or an agent or employee of a professional land surveyor, who enters a property to practice land surveying may not be held liable under the common law tort of trespass.

(c) This section does not:

(1) Affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law or equity to which a professional land surveyor, or an agent or employee of a professional land surveyor, may be entitled; or

(2) Impair the right of a person to seek redress under any other provision of the Code or at common law or equity for conduct by a professional land surveyor, or an agent or employee of a professional land surveyor, that is otherwise actionable.
Md. Code, Public Safety § 5-608 — MD Code / Article gps / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: reserved

(a) (1) A law enforcement officer who takes possession of a firearm or ammunition in accordance with an extreme risk protective order shall, at the time the firearm or ammunition is surrendered or seized:

(i) issue a receipt identifying, by make, model, and serial number, all firearms and ammunition that have been surrendered or seized;

(ii) provide a copy of the receipt to the respondent;

(iii) retain a copy of the receipt; and

(iv) provide information to the respondent on the process for retaking possession of the firearms and ammunition on the expiration or termination of the order.

(2) A law enforcement agency shall transport and store any firearm surrendered or seized in accordance with an extreme risk protective order:

(i) in a protective case, if one is available; and

(ii) in a manner intended to prevent damage to the firearm during the time the extreme risk protective order is in effect.

(3) A law enforcement agency may not place any mark on a seized or surrendered firearm for identification or other purposes.

(b) (1) On expiration or termination of an extreme risk protective order, a law enforcement agency that holds any firearm or ammunition surrendered or seized in accordance with the expired or terminated order shall notify the respondent that the respondent may request the return of the firearm or ammunition.

(2) A law enforcement agency shall return a firearm or ammunition to a respondent only after the law enforcement agency verifies that the respondent is not otherwise prohibited from possessing the firearm or ammunition.

(3) Subject to paragraph (2) of this subsection, on request of the respondent, a law enforcement agency shall return all firearms and ammunition belonging to the respondent not later than:

(i) 14 days after the expiration of an interim or temporary extreme risk protective order;

(ii) 14 days after a court terminates a final extreme risk protective order; or

(iii) 48 hours after the expiration of a final extreme risk protective order.

(c) (1) A respondent who does not wish to recover a firearm or ammunition seized or surrendered in accordance with an extreme risk protective order, or who is prohibited from possessing firearms or ammunition under this title, may:

(i) sell or transfer title to the firearm or ammunition to:

1. a licensed firearms dealer; or

2. another person who is not prohibited from possessing the firearm or ammunition under State or federal law and who does not live in the same residence as the respondent; or

(ii) request the destruction of the firearm or ammunition.

(2) A law enforcement agency shall transfer possession of a firearm or ammunition to a licensed firearms dealer or a person described in paragraph (1)(i)2 of this subsection only after:

(i) the licensed firearms dealer or other person provides written proof that the respondent has agreed to transfer the firearm or ammunition to the dealer or person; and

(ii) the law enforcement agency verifies the agreement with the respondent.

(3) On request of the respondent, a law enforcement agency may destroy firearms or ammunition seized or surrendered in accordance with an extreme risk protective order.

(d) If an individual other than the respondent claims ownership of a firearm or ammunition seized or surrendered in accordance with an extreme risk protective order, the law enforcement agency shall return the firearm or ammunition to the individual if:

(1) the individual provides proof of ownership of the firearm or ammunition; and

(2) the law enforcement agency determines that the individual is not prohibited from possessing the firearm or ammunition.

(e) If a firearm or ammunition is not reclaimed within 6 months after the provision of notice to a respondent under subsection (b) of this section:

(1) no party shall have the right to assert ownership of the firearm or ammunition; and

(2) the law enforcement agency holding the firearm or ammunition may destroy the firearm or ammunition.
Md. Code, Human Services § 5-502 — MD Code / Article ghu / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

Except as provided in § 5-503 of this subtitle, if any provision of this subtitle conflicts with any federal law, the federal law shall prevail.
Md. Code, Economic Development § 5-563 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-563
§5–563.
Status: in_force

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

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

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

(2) Any investment earnings of the Fund shall be credited to the Fund.
Md. Code, Family Law § 5-705.4 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-705.4
§5–705.
Status: in_force

§5–705.4.

If an agency participating in an investigation under § 5–706 of this subtitle has substantial grounds to believe that a person has knowingly failed to report suspected abuse or neglect as required by § 5–704 of this subtitle, the agency shall:

(1) file a complaint with the appropriate licensing board in accordance with the provisions of the Health Occupations Article if the person is a health practitioner;

(2) file a complaint with the appropriate law enforcement agency if the person is a police officer; or

(3) file a complaint with the county board of education or the appropriate agency, institution, or licensed facility at which the person is employed if the person is an educator or a human service worker.
Md. Code, Labor and Employment § 5-504 — MD Code / Article gle / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

This subtitle may not be construed to allow or require licensing, registration, or certification of an operator of power equipment.
Md. Code, State Finance and Procurement § 5-7B-07 — MD Code / Article gsf / Title 5 / Subtitle 7B / Section 5-7B-07
§5–7B–07.
Status: in_force

(a) It shall be the policy of the State that the emphasis of funding for public school construction projects shall be to target the rehabilitation of existing schools to ensure that facilities in established neighborhoods are of equal quality to new schools.

(b) This section may not be construed to prohibit the provision of school construction funding outside a priority funding area.

(c) The Interagency Commission on School Construction shall review and approve school funding projects.
Md. Code, Health - General § 5-311 — MD Code / Article ghg / Title 5 / Subtitle 3 / Section 5-311
§5–311.
Status: in_force

Subject to the limitations in § 5–310(c) of this subtitle, a medical examiner may administer oaths, take affidavits, and make examinations as to any matter within the medical examiner’s jurisdiction.
Md. Code, Business Regulation § 5-506 — MD Code / Article gbr / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

(a) An action may be brought in accordance with the Maryland Rules and a court may pass a judgment for sale of a burial ground in Baltimore City for another purpose if:

(1) the ground has been dedicated and used for burial;

(2) burial lots have been sold in the burial ground and deeds executed or other written instruments issued to buyers of the lots without provision being made for perpetual care of the lots; and

(3) more than 75% of the area of the burial ground:

(i) has been abandoned; or

(ii) is harmful to the public health, safety, or welfare.

(b) The action may be brought by:

(1) a person with a property right in the burial ground; or

(2) a governmental unit with an interest in ending the conditions that are harmful to the public health, safety, or welfare.

(c) If the court is satisfied that more than 75% of the area of a burial ground has been abandoned or is harmful to the public health, safety, or welfare, the court:

(1) may pass a judgment for the sale of the entire burial ground on the terms and notice the court sets; and

(2) may appoint a trustee to sell the burial ground.

(d) The trustee shall distribute the sale proceeds:

(1) first, to pay the expenses of removing any human remains, that, with reasonable care, can be definitely located in the burial ground, buying burial lots in another burial ground, and reburying the remains;

(2) second, to pay expenses of removing any markers that are in good condition from the old lots and relocating the markers on new lots;

(3) third, to pay the expenses of ending conditions that are harmful to the public health, safety, or welfare, unless the contract of sale of the burial ground provides for abatement of those conditions within a reasonable period of time after the sale is completed;

(4) fourth, to pay the costs of necessary legal proceedings, including court costs, trustee’s commissions, and legal fees;

(5) fifth, to pay in full any taxes; and

(6) finally, to pay the balance of the proceeds to the person who, immediately before the sale, had record title to the burial ground in its entirety according to the land records of Baltimore City.

(e) A judgment for the sale of a burial ground or a deed or other conveyancing instrument executed by a trustee under this section passes to the buyer of the burial ground the title to the burial ground free of:

(1) the claims of the owners of the burial ground;

(2) the claims of the holders of burial lots; and

(3) the intended or actual use or dedication of the land in the burial ground for burial.
Md. Code, Estates and Trusts § 5-503 — MD Code / Article get / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) As used in this subtitle, “leasehold property” refers only to a leasehold interest in real property.

(b) A foreign personal representative shall:

(1) Publish once a week for 3 successive weeks a notice in a newspaper of general circulation in each county in which real or leasehold property of the decedent was located, containing:

(i) The foreign personal representative’s appointment;

(ii) The foreign personal representative’s name and address;

(iii) The name and address of the foreign personal representative’s Maryland agent for service of process on file with the register in each county where real or leasehold property was located;

(iv) The name of the court that appointed the foreign personal representative;

(v) A brief description of all real and leasehold property owned by the decedent in the county;

(vi) The date of the decedent’s death; and

(vii) The following statement: All persons having claims against the decedent must present their claims to the undersigned, or file them with the register of wills on or before the earlier of the following dates:

1. 6 months from the date of the decedent’s death; or

2. 2 months after the foreign personal representative mails or otherwise delivers to the creditor a copy of this published notice or other written notice, notifying the creditor that the creditor’s claim will be barred unless the creditor presents the claim within 2 months from the mailing or other delivery of the notice;

(2) Record in each appropriate office of the register a certification that the foreign personal representative has published notice as required; and

(3) Promptly after a proceeding under this subtitle has been instituted, comply with the provisions of § 7–103.1 of this article.

(c) (1) Within the time periods provided under subsection (b) of this section, a creditor may file with the register a written statement of the creditor’s claim, in the form set forth in § 8–104(c) of this article, and if a foreign personal representative has instituted a proceeding under this subtitle deliver or mail a copy of the statement to the personal representative.

(2) (i) The register shall maintain a book known as the “Claims Against Nonresident Decedents” book in which every claim and release shall be recorded.

(ii) Unless and until a release of a validly recorded claim has been recorded, or the claim has finally been determined in favor of the personal representative, the claim shall constitute a lien against the real and leasehold property owned by the decedent in the county at the time of death for a period of 12 years from date of death.

(iii) If the personal representative is empowered by the will to sell the property the claim shall constitute a lien against the net proceeds from the sale.
Md. Code, Corporations and Associations § 5-5A-21 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-21
§5–5A–21.
Status: reserved

(a) (1) Amendments to the articles of incorporation may be proposed by a two-thirds vote of the board of directors, by one-third of the delegates present and voting, or by petition of 10 percent of the cooperative’s members.

(2) Notice of the meeting to consider amendments shall be sent by the secretary at least 30 days before the meeting to each member at the member’s last known address, accompanied by the full text of the proposal and by that part of the articles to be amended.

(3) Two-thirds of the members voting may adopt that amendment. The power to amend the articles of incorporation is reserved to the members.

(b) Bylaws shall be adopted, amended or repealed by at least a majority vote of the members voting. If the cooperative has adopted a delegate system, the bylaws may be amended by two-thirds of those delegates present and voting.
Md. Code, State Finance and Procurement § 5-614 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-614
§5–614.
Status: in_force

The Plan shall recommend a major circulation pattern for the State, including major transportation routes and major terminals that should be used for movement within the State or for movement from and to adjoining areas.
Md. Code, Transportation § 5-421 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-421
§5–421.
Status: in_force

(a) With the approval of the Secretary, the Administration may grant or lend money to:

(1) Any political subdivision or any authority created under State law to assist in the establishment or operation of an airport that is or is to be owned or controlled wholly or in part by the political subdivision or authority; or

(2) Any other person to assist in the establishment or operation of any privately owned airport made available for use by the public.

(b) When awarding loans and grants under this section, the Administration shall give priority to publicly owned airports.
Md. Code, State Finance and Procurement § 5-610 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

The Plan shall contain a review and analysis of:

(1) all federal grants, loans, or services available to the State;

(2) all State grants to local governments; and

(3) the impact of any existing or proposed federal program on the State.
Md. Code, Education § 5-506 — MD Code / Article ged / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

The Department shall adopt regulations to implement this subtitle.
Md. Code, Insurance § 5-702 — MD Code / Article gin / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

(a) (1) With the consent of the Commissioner, the Treasurer may require an insurer to make deposits of cash or government securities of the kinds described in § 5-701(a) of this subtitle with a depository that the Treasurer designates to receive and hold the deposits.

(2) The Treasurer may designate as a depository any solvent trust company or other solvent financial institution that has trust powers and is domiciled in the State.

(3) The Treasurer may make an appropriate agreement with a depository to ensure the receipt, safekeeping, and release of the cash or government securities deposited under this section.

(4) A deposit made under this section shall be held at the expense of the insurer.

(b) The State is responsible for the safekeeping and return of all cash and government securities deposited under this section.
Md. Code, Economic Development § 5-446 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-446
§5–446.
Status: in_force

(a) In awarding financial assistance under this subtitle for an energy project, the Authority shall consider whether the energy project would:

(1) reduce the consumption of petroleum and other energy sources;

(2) increase the energy supply available in the State;

(3) increase employment and economic activity in the State;

(4) use sound technology and be economically feasible;

(5) minimize harm to the environment; and

(6) make the most use of federal financial assistance programs for energy projects.

(b) The Authority shall:

(1) promote programs of financial assistance for energy projects established under this subtitle;

(2) inform consumers, the private sector, and financial institutions about these programs and actively seek their participation;

(3) develop and disseminate descriptions of its programs of financial assistance for energy projects; and

(4) serve as a clearinghouse for information on federal and State programs of financial assistance for energy projects.
Md. Code, Correctional Services § 5-203 — MD Code / Article gcs / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) With the approval of the Secretary, the Commissioner shall appoint a Deputy Commissioner of Pretrial Detention and Services.

(b) The Deputy Commissioner serves at the pleasure of the Commissioner.

(c) The Deputy Commissioner shall be the acting Commissioner in the absence of the Commissioner.
Md. Code, Corporations and Associations § 5-640 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-640
§5–640.
Status: in_force

(a) A member–regulated cooperative shall adopt procedures to hear, decide, and resolve, in a prompt and fair manner, complaints from its members, including complaints regarding net metering.

(b) (1) The procedures adopted under subsection (a) of this section shall provide for a formal and an informal complaint process.

(2) A formal complaint proceeding shall include, at a minimum:

(i) The right to present a complaint in writing;

(ii) The right to have a complaint heard by the chief executive officer of the member–regulated cooperative, or the chief executive officer’s designee;

(iii) The right to a written response that states the reasons for the member–regulated cooperative’s decision; and

(iv) The right to have the complaint and response reviewed by the board of directors.

(c) (1) A member–regulated cooperative may not require a member to use the formal or informal complaint process.

(2) If a member uses the formal or informal complaint process, the member may:

(i) Accept the decision resulting from the process; or

(ii) Reject the decision resulting from the process and pursue any other remedy authorized by law.

(d) A decision made under a formal or informal complaint process is binding on the member–regulated cooperative.
Md. Code, Education § 5-403 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

(a) There is an Accountability and Implementation Board Nominating Committee.

(b) (1) The Nominating Committee is composed of six members.

(2) (i) The Governor, the President of the Senate, and the Speaker of the House of Delegates each shall appoint two members to the Nominating Committee.

(ii) If two of the three individuals required to appoint members to the Nominating Committee under subparagraph (i) of this paragraph have each appointed two members, the remaining individual shall appoint two members to the Nominating Committee within 30 days after the date on which the most recent appointment of a member to the Nominating Committee was made.

(iii) If the third individual required to appoint members to the Nominating Committee does not appoint the remaining two members to the Nominating Committee within the time period required under subparagraph (ii) of this paragraph, subsection (d) of this section no longer applies.

(3) The term of a member is 5 years.

(4) The Nominating Committee shall consist of individuals who:

(i) Collectively reflect, to the extent practicable, the geographic, racial, ethnic, cultural, and gender diversity of the State; and

(ii) Have collective knowledge of:

1. Education policy for early childhood education through postsecondary education;

2. Education strategies used by top–performing state and national systems in the world;

3. Systemic changes in complex organizations; and

4. Financial auditing and accounting.

(c) (1) On initial establishment and when there is a vacancy on the Board, the Nominating Committee shall nominate a slate of nominees to fill the vacancy.

(2) (i) For the initial establishment of the Board, the slate of nominees shall contain at least nine individuals to meet the Board qualifications listed in § 5–402(d) of this subtitle.

(ii) For a vacancy, the slate of nominees shall contain at least two individuals for each vacant position on the Board.

(d) Except as provided in subsection (b)(2)(iii) of this section, nominations for the Board made by the Nominating Committee shall be decided by a majority vote, provided that at least one vote cast in the majority is a vote cast by each of a member appointed by the Governor, the President of the Senate, and the Speaker of the House.
Md. Code, Natural Resources § 5-428 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-428
§5–428.
Status: in_force

The General Assembly finds and declares that:

(1) Forests and trees play an important role in the restoration and enhancement of the Chesapeake Bay and its tributaries; and

(2) The establishment and supplementation of forests and trees along the Chesapeake Bay and its tributaries is in the best interests of the residents of the State.
Md. Code, Insurance § 5-906 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-906
§5–906.
Status: in_force

(a) In order for an assuming reinsurer to be eligible for accreditation by the Commissioner, the reinsurer shall:

(1) file with the Commissioner evidence of its submission to this State’s jurisdiction;

(2) submit to the Commissioner’s authority to examine its books and records;

(3) be licensed to transact insurance or reinsurance in at least one state or, in the case of a United States branch of an alien assuming insurer, be entered through and licensed to transact insurance or reinsurance in at least one state;

(4) file each year with the Commissioner a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement; and

(5) demonstrate to the satisfaction of the Commissioner that the reinsurer has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers.

(b) An assuming insurer is deemed to meet the requirement of subsection (a)(5) of this section as of the time of its application if:

(1) the assuming insurer maintains a surplus as regards policyholders in an amount not less than $20,000,000; and

(2) the Commissioner has not denied the assuming insurer’s accreditation within 90 days after submission of its application.
Md. Code, Economic Development § 5-2303 — MD Code / Article gec / Title 5 / Subtitle 23 / Section 5-2303
§5–2303.
Status: in_force

§5–2303. IN EFFECT

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

(a) To carry out the purpose of the Program, the Department may award grants in accordance with this subtitle to approved recipients carrying out infrastructure projects intended to support innovation in any of the following eligible technology sectors:

(1) advanced manufacturing;

(2) aerospace;

(3) agriculture;

(4) artificial intelligence;

(5) biotechnology;

(6) blue technology;

(7) cybersecurity;

(8) defense;

(9) energy and sustainability;

(10) life sciences;

(11) quantum; and

(12) sensor and robotics.

(b) Examples of eligible projects include:

(1) sensitive compartmented information facilities;

(2) wet laboratories;

(3) cyber ranges;

(4) prototype manufacturing centers; and

(5) other specialized workforce training, skill certification, or research–related spaces.

(c) Grant awards may be used to defray the cost a grantee incurs to acquire, construct, rehabilitate, install, improve, or equip an eligible innovation infrastructure project.

(d) (1) A single entity may be awarded not more than $2,000,000 in grant funds in a fiscal year.

(2) (i) For a grant award up to $1,000,000, a grantee shall provide matching funds that are at least 200% of the grant amount.

(ii) For a grant award exceeding $1,000,000, and up to $2,000,000, a grantee shall provide matching funds that are at least 400% of the grant amount.

(iii) Funds received by a grantee through other State grant programs are not counted toward the grantee’s matching funds requirement.

(3) A grantee must demonstrate an ability to cover the full estimated costs of the project for which the grant is awarded.

(4) (i) Not more than 50% of the appropriation to the Fund in a fiscal year may be awarded to colleges and universities in that fiscal year.

(ii) Grants to colleges and universities from the Fund must be awarded to projects that:

1. are performed in collaboration with private industry; or

2. offer the prospect of significant economic impact and the opportunity to develop entrepreneurship or clusters of technological innovation in the State.
Md. Code, Family Law § 5-1037 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1037
§5–1037.
Status: in_force

The court may not enter an order under this subtitle against a party unless the party is given reasonable notice and an opportunity to be heard.
Md. Code, Insurance § 5-201 — MD Code / Article gin / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

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

(2) “Operative date of the valuation manual” has the meaning stated in § 5–201.1 of this subtitle.

(3) “Opinion” means an opinion issued by a qualified actuary and developed in accordance with the standards of practice of the Actuarial Standards Board.

(4) “Qualified actuary” means a member in good standing of the American Academy of Actuaries who meets the qualification standards of the Academy for issuing an opinion required by this section.

(b) This section applies to reserve requirements and opinions relating to reserve requirements for policies, contracts, and benefit agreements of life insurers, nonprofit health service plans, and fraternal benefit societies required before the operative date of the valuation manual.

(c) (1) In addition to the requirement of paragraph (2) of this subsection, the aggregate reserves for all policies, contracts, and benefit agreements of a life insurer may not be less than the aggregate reserves computed under Subtitle 3 of this title.

(2) (i) The aggregate reserves for all policies, contracts, and benefit agreements of a life insurer, nonprofit health service plan, or fraternal benefit society may not be less than the aggregate reserves that a qualified actuary determines to be necessary under subsection (e) of this section.

(ii) By regulation, the Commissioner may provide for a transition period to establish any higher reserves required by this paragraph.

(d) Each life insurer, nonprofit health service plan, and fraternal benefit society that does business in the State shall submit annually the opinion of a qualified actuary as to whether the reserves and related actuarial items held in support of the life insurer’s policies, contracts, and benefit agreements are:

(1) computed appropriately;

(2) based on assumptions that satisfy contractual provisions;

(3) consistent with prior reported amounts; and

(4) in compliance with applicable laws of the State.

(e) (1) Except as exempted by regulations adopted by the Commissioner, each life insurer, nonprofit health service plan, and fraternal benefit society shall include with the opinion required by subsection (d) of this section an additional opinion of the same qualified actuary, stating whether the reserves and related actuarial items that are held in support of the policies, contracts, and benefit agreements by the life insurer, nonprofit health service plan, or fraternal benefit society are adequate to meet its obligations under its policies, contracts, and benefit agreements, in light of the assets held with respect to the reserves and related actuarial items.

(2) The obligations of a life insurer, nonprofit health service plan, or fraternal benefit society under its policies, contracts, and benefit agreements include benefits to be provided and associated expenses that may reasonably be expected.

(3) In reviewing the assets held by the life insurer, nonprofit health service plan, or fraternal benefit society with respect to the reserves and related actuarial items, the qualified actuary shall consider the expected investment earnings on the assets and other consideration that the life insurer, nonprofit health service plan, or fraternal benefit society expects to receive and retain under the policies, contracts, and benefit agreements.

(f) (1) A memorandum acceptable to the Commissioner shall be prepared to support each opinion required under this section.

(2) The supporting memorandum shall be in the form and contain the information that is specified by regulation.

(3) The life insurer, nonprofit health service plan, or fraternal benefit society shall:

(i) keep the supporting memorandum in its home office; and

(ii) on request, submit a copy of the memorandum to the Commissioner.

(4) The Commissioner may engage a qualified actuary at the expense of the life insurer, nonprofit health service plan, or fraternal benefit society to review each opinion and prepare a supporting memorandum if:

(i) the life insurer, nonprofit health service plan, or fraternal benefit society fails to provide a supporting memorandum within the period specified by regulation; or

(ii) the Commissioner determines that the supporting memorandum that the life insurer, nonprofit health service plan, or fraternal benefit society provides fails to meet necessary standards or is unacceptable.

(g) (1) Each opinion required by this section shall:

(i) be submitted with the annual statement required by this article and reflect the valuation of the reserve liabilities of the life insurer, nonprofit health service plan, or fraternal benefit society;

(ii) apply to all business in force, including individual and group health insurance plans; and

(iii) be based on standards adopted by the Actuarial Standards Board.

(2) The Commissioner may adopt regulations to establish additional requirements for an opinion.

(3) For a foreign insurer or alien insurer, the Commissioner may accept an opinion that the foreign insurer or alien insurer files with the insurance supervisory official of another state if the Commissioner determines that the opinion reasonably meets the requirements applicable to a life insurer, nonprofit health service plan, or fraternal benefit society domiciled in this State.

(h) (1) Except as provided in subsection (i) of this section, the Commissioner shall keep confidential and may not make public any memorandum or other material that the life insurer, nonprofit health service plan, or fraternal benefit society provides in connection with an opinion issued under this section.

(2) A memorandum or other material provided to the Commissioner is not subject to a subpoena except for defending in a suit that:

(i) seeks damages from any person; and

(ii) is based on an action required by this section.

(i) (1) The Commissioner may release a memorandum or other material provided to the Commissioner:

(i) with the written consent of the life insurer, nonprofit health service plan, or fraternal benefit society that provides the memorandum or material; or

(ii) to the American Academy of Actuaries, if the Academy:

1. requests the memorandum or other material for professional disciplinary proceedings; and

2. sets forth procedures satisfactory to the Commissioner to preserve the confidentiality of the memorandum or other material.

(2) All parts of a memorandum or other material are no longer confidential if any part of the memorandum or material is:

(i) cited by the life insurer, nonprofit health service plan, or fraternal benefit society in its marketing;

(ii) cited before a governmental unit other than a State insurance department; or

(iii) released by the life insurer, nonprofit health service plan, or fraternal benefit society to the news media.

(j) Except for fraud, willful misconduct, or gross negligence, a qualified actuary is not liable for damages to any person other than the life insurer, nonprofit health service plan, fraternal benefit society, or the Commissioner for any act, error, omission, decision, or conduct related to an opinion that the qualified actuary issues under this section.

(k) The Commissioner shall adopt regulations to establish disciplinary action against a life insurer, nonprofit health service plan, fraternal benefit society, or qualified actuary that violates this section.
Md. Code, Economic Development § 5-456 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-456
§5–456.
Status: in_force

(a) On conditional approval of a fixed asset financing loan application under this part, the lender shall forward the loan package to the Authority.

(b) In addition to any other information the Authority reasonably requires to carry out the purposes of this part, the linked deposit loan package shall include the information required of the applicant under § 5-455(c) of this subtitle.

(c) By forwarding the loan package to the Authority, the lender is not representing to the Authority that information in the loan package that relates to the applicant is accurate or valid.
Md. Code, Economic Development § 5-523 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-523
§5–523.
Status: in_force

(a) If the Authority and the Secretary determine that more money is needed to keep the Fund at an adequate level, the Authority shall send a written request for the additional money to the Board of Public Works.

(b) The Board of Public Works may pay the amount requested from the General Emergency Fund.
Md. Code, Family Law § 5-411 — MD Code / Article gfl / Title 5 / Subtitle 4 / Section 5-411
§5–411.
Status: in_force

An individual who is aggrieved by a final decision of the director of a local department that denies eligibility or reduces or terminates a subsidy in a contested case may:

(1) appeal that decision to the administrative appellate authority designated by rule or regulation; and

(2) then take any further appeal allowed by the Administrative Procedure Act.
Md. Code, Estates and Trusts § 5-106 — MD Code / Article get / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection and subsection (b) of this section, when there are several eligible persons in a class entitled to letters, the court or register may grant letters to one of them, or to more than one of them, as necessary or convenient for the proper administration of the estate.

(2) Subject to § 5–105 of this subtitle, all personal representatives named in the will or nominated in accordance with a power conferred in the will are entitled to probate.

(b) Within classes (3) through (10) of § 5–104 of this subtitle, letters may be granted to two or more persons in different classes provided that the person or class first entitled to letters consents.
Md. Code, Natural Resources § 5-1402 — MD Code / Article gnr / Title 5 / Subtitle 14 / Section 5-1402
§5–1402.
Status: in_force

(a) (1) A person may not, without express, prior, written permission of an owner, wilfully or knowingly:

(i) Break, break-off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken, including speleothems, speleogens, and sedimentary deposits;

(ii) Disturb or alter in any manner the natural condition of any cave; or

(iii) Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained.

(2) However, the entering or remaining in a cave by itself shall not constitute a violation of this section.

(b) A person may not dispose of, dump, store, or otherwise introduce into any cave, sinkhole, or subterranean drainage system any litter, refuse, dead animals, sewage, trash, garbage, or any chemical or biological contaminant which is potentially dangerous to man or any form of cave life.

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance, caves having access within the boundaries of public properties shall be open for recreational purposes.

(d) Any person violating any provision of this section is guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $500, and in addition thereto, may be imprisoned for not less than ten days nor more than six months.
Md. Code, Environment § 5-10A-02 — MD Code / Article gen / Title 5 / Subtitle 10A / Section 5-10A-02
§5–10A–02.
Status: in_force

(a) A person who owns, maintains, or causes to be maintained a junkyard, automotive dismantler and recycler facility, scrap metal processing facility, or automobile graveyard that lawfully existed on January 1, 1972 and that adjoins a river, stream, or other body of water shall:

(1) Store and maintain trash, junk, automobiles, or automobile parts to prevent the dumping, depositing, or transporting of this matter into the waters of the State;

(2) Inform the Department and the Administration of provisions planned or made to prevent the dumping, depositing, or transporting of this matter into the waters of the State; and

(3) Comply with the standards and specifications of the Administration relating to:

(i) The erection of retaining walls; or

(ii) The use of devices or procedures to restrain the dumping, depositing, or transporting of this matter into the waters of the State.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
Md. Code, Family Law § 5-324 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-324
§5–324.
Status: in_force

(a) In a separate order accompanying an order denying guardianship of a child, a juvenile court shall include:

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

(2) any order under Title 3, Subtitle 8 of the Courts Article in the child’s best interests; and

(3) a date, no later than 180 days after the date of the order, for the next review hearing under Title 3, Subtitle 8 of the Courts Article.

(b) (1) In a separate order accompanying an order granting guardianship of a child, a juvenile court:

(i) shall include a directive terminating the child’s CINA case;

(ii) consistent with the child’s best interests:

1. may place the child:

A. subject to paragraph (2) of this subsection, in a specific type of facility; or

B. with a specific individual;

2. may direct provision of services by a local department to:

A. the child; or

B. the child’s caregiver;

3. subject to a local department retaining legal guardianship, may award to a caregiver limited authority to make an emergency or ordinary decision as to the child’s care, education, mental or physical health, or welfare;

4. may allow access to a medical or other record of the child;

5. may allow visitation for the child with a specific individual;

6. may appoint, or continue the appointment of, a court–appointed special advocate for any purpose set forth under § 3–830 of the Courts Article;

7. shall direct the provision of any other service or taking of any other action as to the child’s education, health, and welfare, including:

A. for a child who is at least 16 years old, services needed to help the child’s transition from guardianship to independence; or

B. for a child with a developmental disability, services to obtain ongoing care, if any, needed after the guardianship case ends; and

8. may co–commit the child to the custody of the Maryland Department of Health and order the Maryland Department of Health to provide a plan for the child of clinically appropriate services in the least restrictive setting, in accordance with federal and State law;

(iii) if entered under § 5–322 of this subtitle, shall state each party’s response to the petition;

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

(v) shall state whether the child’s parent has waived the right to notice; and

(vi) shall set a date, no later than 180 days after the date of the order, for the initial guardianship review hearing under § 5–326 of this subtitle.

(2) (i) Except for emergency commitment in accordance with § 10–617 of the Health – General Article or as expressly authorized by a juvenile court in accordance with the standards in § 3–819(h) or (i) of the Courts Article, a child may not be committed or otherwise placed for inpatient care or treatment in a psychiatric facility or a facility for the developmentally disabled.

(ii) A juvenile court shall include in a commitment order under this paragraph a requirement that the guardian:

1. file a progress report with the juvenile court at least every 180 days; and

2. provide a copy of each report to each person entitled to notice of a review hearing under § 5–326 of this subtitle.

(iii) Every 180 days during a commitment or placement under this paragraph, a juvenile court shall hold a hearing to determine whether the standards in § 3–819(h) or (i) of the Courts Article continue to be met.

(c) A juvenile court shall send a copy of an order entered under this section to:

(1) each party or, if represented, counsel;

(2) each of the child’s living parents who has not waived the right to notice;

(3) each living parent’s last attorney of record in the CINA case; and

(4) the child’s last attorney of record in the CINA case.

(d) An order directing the provision of services to a child with a developmental disability under subsection (b)(1)(ii)7B of this section is effective until:

(1) the child is transitioned to adult guardianship care if adult guardianship is necessary and there is no less restrictive alternative that meets the needs of the child; and

(2) (i) the Maryland Department of Health enters into an agreement to provide or obtain the services ordered by the court; or

(ii) if the Maryland Department of Health challenges the necessity of the services ordered by the court, the conclusion of any administrative or judicial review proceeding regarding the challenge.
Md. Code, Business Occupations and Professions § 5-501 — MD Code / Article gbo / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

(a) A person shall hold a beauty salon permit issued by the Board before the person may operate a beauty salon in the State.

(b) A beauty salon may operate as a limited practice beauty salon by offering cosmetology services limited to:

(1) providing esthetic services;

(2) providing eyelash extension services;

(3) providing hair services;

(4) providing hair services – blow drying; or

(5) providing nail technician services.

(c) A separate beauty salon permit is required for each beauty salon that a person operates.
Md. Code, Financial Institutions § 5-1014 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1014
§5–1014.
Status: in_force

(a) An out-of-state bank that proposes to establish a branch in this State:

(1) Shall qualify under § 7-203 of the Corporations and Associations Article to do business in the State as a foreign corporation; and

(2) Within 15 days of filing a branch application with the appropriate bank supervisory agency, shall provide the Commissioner with a copy of the branch application.

(b) An out-of-state bank that does not have a branch in this State on September 29, 1995, may not establish a branch in this State before June 1, 1997, unless the laws of that bank’s home state would permit a banking institution to establish a branch in that state under substantially similar conditions as those imposed by this subtitle.

(c) An out-of-state bank that has a branch in this State may establish additional branches in this State to the same extent as a banking institution or to the extent otherwise permitted by federal law.
Md. Code, Health - General § 5-625 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-625
§5–625.
Status: in_force

A health care provider is not subject to criminal prosecution or civil liability or deemed to have engaged in unprofessional conduct as determined by the appropriate licensing authority for:

(1) Failure to access an electronic advance directives service recognized by the Maryland Health Care Commission; or

(2) Relying on information provided by an electronic advance directives service recognized by the Maryland Health Care Commission.
Md. Code, Environment § 5-405 — MD Code / Article gen / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

The Authority may appoint subcommittees and use the services of existing State and local units.
Md. Code, Family Law § 5-3A-09 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-09
§5–3A–09.
Status: in_force

A court may assign among the parties to a case under this subtitle, as the court considers appropriate, counsel fees and the cost of testing under § 5-3A-06 of this subtitle.
Md. Code, Financial Institutions § 5-302 — MD Code / Article gfi / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) (1) As to the interest bearing account of each depositor in a banking institution, the banking institution shall generally make available to any customer with an existing account, in addition to actually giving to the customer, on the opening of the interest bearing account and, later, on demand of the customer:

(i) Written notice of:

1. The annual rate of simple interest currently in effect;

2. The dates, if any, on which the current rate of interest may be changed, and the terms and conditions under which each successive interest rate will be applied;

3. The date or point in time on which the deposit begins to earn interest;

4. The method of determining the account balance on which interest earned is calculated, including the methods for day of deposit to day of withdrawal and low periodic balance;

5. Whether interest is compounded and where applicable, the period for compounding;

6. The annual percentage yield in 1 year based on the rate of simple interest and compounding method;

7. The date or point in time when interest earned is credited to the account;

8. The amount of loss of accumulated earned interest if an account is closed before the date on which interest is regularly credited;

9. The policy on the availability of deposited funds; and

10. Any fees, charges, or penalties which may be applied and the conditions under which the fees, charges, or penalties may be assessed; and

(ii) The following written notice:

“Under Maryland law, all funds remaining in this interest bearing account become the property of this State after the account has been inactive for 5 years and notice is sent to the depositor at that depositor’s last known address. This account will be considered inactive if the owner has not: (1) increased or decreased the amount in the account; (2) presented the passbook or other similar evidence of the account for the crediting of interest; (3) written to this financial institution about the account; or (4) otherwise indicated an interest in the account as evidenced by a memorandum on file with this financial institution.”

(2) Not less than 30 days before a banking institution adopts any change regarding any information required under paragraph (1)(i) of this subsection, the banking institution shall inform each customer of the change in the banking institution’s periodic statement or by written notice.

(b) A banking institution shall pay interest on each interest bearing account that is instituted for a specific purpose, including “Christmas” or “vacation” accounts, for a period of 1 year or less at an annual rate not less than the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as published by the Federal Reserve in “Selected Interest Rates (Daily) – H.15”, as of the first business day of the calendar year.

(c) A banking institution that fails to comply with subsection (a) or (b) of this section shall be liable to any customer of the banking institution who sustains any injury or loss as the result of the failure to comply for:

(1) All foreseeable losses incurred by the customer; and

(2) Reasonable attorney’s fees.

(d) (1) Subject to paragraph (2) of this subsection, on or after October 1, 1992, a banking institution shall comply with the requirements in:

(i) Subsection (a) of this section; or

(ii) Final regulations adopted by the Federal Reserve Board pursuant to § 269 of Public Law 102-242.

(2) On or after the date when compliance with the final regulations adopted by the Federal Reserve Board pursuant to § 269 of Public Law 102-242 is mandatory, a banking institution shall comply with the requirements in those final regulations and subsection (a) of this section shall be null and void.
Md. Code, Economic Development § 5-2307 — MD Code / Article gec / Title 5 / Subtitle 23 / Section 5-2307
§5–2307.
Status: in_force

§5–2307. IN EFFECT

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

The Secretary may adopt regulations to carry out this subtitle.
Md. Code, Education § 5-316 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-316
§5–316.
Status: in_force

As directed by the Interagency Commission, the State Treasurer shall supervise the distribution of any money that the General Assembly appropriates for public school construction for:

(1) Buildings;

(2) Equipment;

(3) New construction; or

(4) Any other capital expenditure.
Md. Code, Election Law § 5-504 — MD Code / Article gel / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

(a) If a certificate of withdrawal is filed under this subtitle:

(1) the certificate of candidacy to which the certificate of withdrawal relates is void;

(2) the name of the candidate may not be submitted to the voters for nomination and election to the office to which the certificate relates unless the individual files a new certificate of candidacy within the time limit prescribed for filing; and

(3) except as provided in § 5-402 of this title, the filing fee for the certificate of candidacy may not be refunded.

(b) Except for the offices of Governor and Lieutenant Governor, the name of any individual who files a certificate of candidacy and does not withdraw shall appear on the primary election ballot unless, by the 10th day after the filing deadline specified under § 5-303 of this title, the individual’s death or disqualification is known to the applicable board with which the certificate of candidacy was filed.
Md. Code, Health Occupations § 5-304 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

The Board shall determine the passing score for the examination approved.
Md. Code, Family Law § 5-502 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

(a) The General Assembly declares that:

(1) minor children are not capable of protecting themselves; and

(2) when a parent has relinquished the care of the parent’s minor child to others, there is a possibility of certain risks to the child that require compensating measures.

(b) It is the policy of this State:

(1) to protect minor children whose care has been relinquished to others by the children’s parent;

(2) to resolve doubts in favor of the child when there is a conflict between the interests of a minor child and the interests of an adult; and

(3) to encourage the development of child care services for minor children in a safe, healthy, and homelike environment.
Md. Code, Economic Development § 5-802 — MD Code / Article gec / Title 5 / Subtitle 8 / Section 5-802
§5–802.
Status: in_force

(a) Except as provided in subsection (b) of this section, a public corporation or a private corporation may apply to establish, operate, and maintain a foreign trade zone in accordance with the federal Foreign Trade Zones Act.

(b) A private corporation may not apply to establish, operate, and maintain a foreign trade zone without prior approval from the Governor and the Maryland Port Administration.
Md. Code, Corporations and Associations § 5-325 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-325
§5–325.
Status: in_force

The bylaws of a religious corporation subject to this part:

(1) Shall include, by reference or otherwise, the discipline of the United Methodist Church as from time to time authorized and declared by the general conference of that church; and

(2) May not be inconsistent with that discipline.
Md. Code, Natural Resources § 5-1504 — MD Code / Article gnr / Title 5 / Subtitle 15 / Section 5-1504
§5–1504.
Status: in_force

(a) The Department shall manage land or interests in land acquired under this subtitle to ensure:

(1) The continued existence of any unique ecological features;

(2) The continued survival of any rare, threatened, or endangered plant or animal;

(3) The protection of forestlands and wetlands, although timber harvesting may be allowed under an approved forest conservation plan; and

(4) The protection of the Chesapeake Bay and its tributaries and of water quality anywhere in the State.

(b) To the extent compatible with the management requirements of subsection (a) of this section, the Department may permit recreational opportunities, including access to the Chesapeake Bay and its tributaries:

(1) Where feasible; and

(2) Where the recreation will not adversely affect the natural state of the land.
Md. Code, Transportation § 5-511 — MD Code / Article gtr / Title 5 / Subtitle 5 / Section 5-511
§5–511.
Status: in_force

Any person who violates any provision of this subtitle or of any rule or regulation adopted by the Administration under this subtitle is guilty of a misdemeanor and on conviction is subject to a fine of not more than $500 for each day or part of a day that the violation continues.
Md. Code, Natural Resources § 5-1108 — MD Code / Article gnr / Title 5 / Subtitle 11 / Section 5-1108
§5–1108.
Status: in_force

(a) To facilitate a method of providing written consent, the Secretary shall distribute permission cards, to be available to the public and to landowners.

(b) One side of the card shall read:

PERMISSION TO ENTER

I hereby grant the person named on the reverse side permission to enter

my property, subject to the terms of the agreement, on the following dates:

Signed _________________________

(Landowner)

(c) The reverse side shall read:

AGREEMENT

In return for the privilege of entering on the private property for any

recreational or educational purpose as defined in the Natural Resources Article

§ 5–1101, I agree to adhere to every law, observe every safety precaution and

practice, take every precaution against fire, and assume all responsibility and

liability for my person and my property, while on the landowner’s property.

Signed _________________________
Md. Code, Business Regulation § 5-311 — MD Code / Article gbr / Title 5 / Subtitle 3 / Section 5-311
§5–311.
Status: in_force

(a) Subject to the provisions of this section, the Director or the Director’s designee shall commence proceedings on a complaint made by any person to the Director.

(b) A complaint shall:

(1) be in writing;

(2) state specifically the facts on which the complaint is based; and

(3) be made under oath by the person who submits the complaint.

(c) (1) The Director or the Director’s designee shall review each complaint and shall attempt to negotiate a settlement of the complaint between the complainant and the registrant, permit holder, or any other person subject to the registration or permit provisions of this title.

(2) Notwithstanding § 5–102 of this title, the Director or the Director’s designee may receive and attempt to negotiate a settlement to resolve complaints concerning persons required to file statements under § 5–405 of this title and in connection with the operation of a cemetery or crematory or the sale of preneed goods.

(3) The Director may not take any actions described in subsection (d)(1) and (2) of this section for complaints involving persons exempt under § 5–102 of this title.

(d) If the Director or the Director’s designee is unable to negotiate a settlement of the complaint, the Director may:

(1) at the request of either party, refer the complaint to the Office of the Attorney General or the Office of Administrative Hearings for binding arbitration, if both parties agree to binding arbitration;

(2) initiate an investigation; or

(3) dismiss the complaint.

(e) If, after investigation, the Director determines that there is a reasonable basis to believe that there are grounds for disciplinary action under § 5–310 of this subtitle, the Director shall provide the person against whom the action is contemplated notice and an opportunity for a hearing under § 5–312 of this subtitle.

(f) (1) If, after investigation, the Director determines that there is not a reasonable basis to believe that there are grounds for disciplinary action, the Director shall dismiss the complaint.

(2) Any party aggrieved by the dismissal may take a judicial appeal in accordance with the provisions of Title 10 of the State Government Article.

(g) Once a complaint has been referred for binding arbitration, the registrant, permit holder, or any other person subject to the registration or permit provisions of this title shall comply with the terms of the settlement.

(h) (1) The Director shall adopt guidelines that establish a schedule for the prompt and timely processing and resolution of each complaint made to the Director.

(2) Beginning December 31, 1998, and on or before December 31 of each year thereafter, the Director shall report, subject to § 2–1257 of the State Government Article, to the General Assembly on:

(i) the number of complaints resolved within the schedule adopted under paragraph (1) of this subsection;

(ii) the number of complaints and the number of inquiries received under subsection (c)(2) of this section by the type of registrant, permit holder, or exemption from the registration and permit requirements of this title;

(iii) the number of complaints and the number of inquiries received under subsection (c)(2) of this section by persons subject to, but not in compliance with, the registration and permit requirements of this title;

(iv) the nature of complaints and inquiries received under subsection (c)(2) of this section, including whether complaints are related to the illegal recycling of graves;

(v) the type of purchase, focus of dissatisfaction, and type of resolution for both complaints and inquiries;

(vi) whether complaints reported under item (i) of this paragraph were resolved through negotiation, binding arbitration, or another method; and

(vii) any disciplinary or enforcement actions taken against a registrant, permit holder, or a person subject to, but not in compliance with, the registration and permit requirements of this title.

(3) The Director shall provide a copy of the annual report required under paragraph (2) of this subsection to each member of the Advisory Council.
Md. Code, Family Law § 5-3B-07 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-07
§5–3B–07.
Status: in_force

(a) (1) A prospective adoptive parent and parent of a prospective adoptee may enter into a written agreement to allow contact, after the adoption, between:

(i) the parent or other relative of the adoptee; and

(ii) the adoptee and adoptive parent.

(2) An adoptive parent and former parent of an adoptee under this subtitle may enter into a written agreement to allow contact between:

(i) a relative or former parent of the adoptee; and

(ii) the adoptee or adoptive parent.

(b) An agreement made under this section applies to contact with an adoptee only while the adoptee is a minor.

(c) An individual who prepares an agreement described in subsection (a)(1) of this section:

(1) shall provide a copy to each party in a case pending as to the prospective adoptee under this subtitle; and

(2) if the agreement so provides, shall redact identifying information from the copies.

(d) Failure to comply with a condition of an agreement made under this section is not a ground for revoking consent to, or setting aside an order for, adoption.

(e) If a dispute as to an agreement made under this section arises, a court may order the parties to engage in mediation to try to resolve the dispute.

(f) (1) A court shall enforce a written agreement made in accordance with this section unless enforcement is not in the adoptee’s best interests.

(2) If a party moves to modify a written agreement made in accordance with this section and satisfies the court that modification is justified because an exceptional circumstance has arisen and the court finds modification to be in an adoptee’s best interests, the court may modify the agreement.
Md. Code, General Provisions § 5-854 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-854
§5–854.
Status: in_force

(a) (1) A person who knowingly and willfully violates this part is subject to a fine not exceeding $5,000.

(2) If the person is not an individual, each officer and partner who knowingly authorized or participated in the violation is subject to the penalty specified in paragraph (1) of this subsection.

(b) (1) A person who is subject to this part shall preserve all accounts, bills, receipts, books, papers, and other documents necessary to complete and substantiate any reports, statements, or records required to be made under this part for 3 years from the date of filing the application.

(2) The documents shall be available for inspection on request to the Howard County Ethics Commission, after reasonable notice.