Md. Code, Corporations and Associations § 5-623 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-623
§5–623.
Status: in_force

(a) The directors of a cooperative named in any articles of incorporation, consolidation, merger, or conversion shall hold office until the next annual meeting of the members and until their successors are elected and qualified.

(b) Except as otherwise provided in this subtitle, at each annual meeting or, if the cooperative fails to hold an annual meeting as specified in the bylaws, at a special meeting called for that purpose, the members shall elect directors to hold office until the next annual meeting of the members.

(c) Each director shall hold office for the term for which the director is elected and until a successor is elected and qualifies.

(d) (1) (i) Instead of electing all the directors annually, the bylaws may require that the directors be divided into three classes.

(ii) Each class shall be as nearly equal in number as possible.

(2) (i) If the bylaws require that the directors be divided into three classes, the terms of the directors shall be staggered in accordance with subparagraph (ii) of this paragraph.

(ii) 1. The initial term of office of the directors of the first class shall expire at the next succeeding annual meeting.

2. The initial term of the second class shall expire at the second succeeding annual meeting.

3. The initial term of the third class shall expire at the third succeeding annual meeting.

(3) At each annual meeting after the initial classification of the directors, a number of directors equal to the number of the class whose term expires at that meeting shall be elected to hold office for 3 years or until the third succeeding annual meeting.

(e) If a vacancy occurs on the board of directors, the remaining directors shall elect a director to fill the vacancy for the remainder of the term for which the vacating director was elected.
Md. Code, Economic Development § 5-541 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-541
§5–541.
Status: in_force

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

(1) the applicant is of good moral character;

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

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

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

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

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

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

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

2. geographical or regional economic distress; or

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

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

(c) An applicant for a loan guaranty shall have applied for and been denied a loan by a financial institution.
Md. Code, Criminal Law § 5-905 — MD Code / Article gcr / Title 5 / Subtitle 9 / Section 5-905
§5–905.
Status: in_force

(a) Except as provided in subsection (e) of this section, a person convicted of a subsequent crime under this title is subject to:

(1) a term of imprisonment twice that otherwise authorized;

(2) twice the fine otherwise authorized; or

(3) both.

(b) For purposes of this section, a crime is considered a subsequent crime, if, before the conviction for the crime, the offender has ever been convicted of a crime under this title or under any law of the United States or of this or another state relating to other controlled dangerous substances.

(c) A person convicted of a subsequent crime under a law superseded by this title is eligible for parole, probation, and suspension of sentence in the same manner as those persons convicted under this title.

(d) A sentence on a single count under this section may be imposed in conjunction with other sentences under this title.

(e) A person whose prior and subsequent convictions were for a violation of § 5–601, § 5–602, § 5–603, § 5–604, § 5–605, or § 5–606 of this title is subject to this section only if the person was also previously convicted of a crime of violence as defined in § 14–101 of this article.
Md. Code, Education § 5-310 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

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

(2) “Educational facilities sufficiency standards” means a uniform set of criteria and measures for evaluating the physical attributes and educational suitability of public elementary and secondary school facilities in the State.

(3) “Facility condition index” means a calculation to determine the relative physical condition of public school facilities by dividing the total repair cost of a facility by the total replacement cost of a facility.

(b) (1) (i) Each fiscal year, the Interagency Commission shall survey the condition of school buildings identified by the Department.

(ii) The Interagency Commission shall include in the inspections of individual school buildings:

1. A process for a local education agency to report any additional information relevant to the inspection, including a place in the Master Facility Asset Library System for the local education agency to:

A. Report each year to the Interagency Commission on any deficiencies in a school building, even if the school building was not inspected in accordance with paragraph (2) of this subsection in the prior year;

B. Identify spaces in a school building likely to have been painted with lead paint; and

C. Report certification of the Asbestos Hazard Emergency Response Act plan for the space; and

2. A process to incorporate maintenance data for individual school buildings.

(2) (i) The Interagency Commission shall conduct the inspections of individual school buildings that are necessary to complete the survey required in paragraph (1) of this subsection.

(ii) The inspections completed under paragraph (1) of this subsection shall include the following items for each school building:

1. Temperature;

2. Humidity;

3. Carbon dioxide level;

4. Acoustic levels;

5. Lead paint;

6. Asbestos;

7. Kitchen sanitary equipment;

8. Lighting;

9. Emergency communication system, with respect to remaining useful life;

10. Health room attributes;

11. Safety equipment in each laboratory space; and

12. The functionality of:

A. Heating, ventilation, and air–conditioning building systems;

B. Life safety building systems;

C. Roofs; and

D. Any additional critical building systems identified by the Interagency Commission.

(iii) During an inspection, if an item under subparagraph (ii)1 through 6 of this paragraph rises to such a severe level that requires the school to be closed, the local education agency shall submit a plan to the Interagency Commission on how to address the issue and the Interagency Commission shall work to prioritize funding to address the issue.

(3) The Interagency Commission shall report to the Governor and the General Assembly, on or before October 1 of each year, in accordance with § 2–1257 of the State Government Article, on the results of the survey for the prior fiscal year.

(c) On or before July 1, 2018, in consultation with local education agencies, the Interagency Commission on School Construction shall adopt educational facilities sufficiency standards and a facility condition index for Maryland public schools.

(d) (1) The purpose of the educational facilities sufficiency standards is to establish uniform standards for the assessment of the physical attributes, capacity, and educational suitability of public school facilities in Maryland.

(2) The standards shall include at least the following categories:

(i) Building condition related to life safety and health;

(ii) Building systems;

(iii) Building capacity and utilization, including the ability to house students in permanent space;

(iv) Academic space, including specialty classroom space; and

(v) Physical education and outdoor recreational space.

(3) The Interagency Commission shall periodically review and update the educational facilities sufficiency standards.

(e) (1) On or before July 1, 2019, the Interagency Commission shall complete an initial statewide facilities assessment using the educational facilities sufficiency standards adopted under subsections (c) and (d) of this section.

(2) In completing the assessment the Interagency Commission shall:

(i) Incorporate the facility condition index adopted under subsection (c) of this section;

(ii) Contract with an independent third–party vendor to conduct data collection and assessment;

(iii) Utilize, to the extent possible, existing data sources, including the Educational Facilities Master Plan and the Maryland Association of Boards of Education; and

(iv) Coordinate with local education agencies to identify data elements to be used in the facility assessment.

(f) (1) Following the completion of the initial statewide facilities assessment, the Interagency Commission shall develop standards and procedures to comprehensively update the facilities assessment such that facility assessment data is not older than 4 years.

(2) Local education agencies shall:

(i) Cooperate with the Interagency Commission to update the facility assessment; and

(ii) Contribute data as requested to update the assessment.

(3) (i) The Interagency Commission shall enter the facility assessment data into an integrated data system, which shall be known as the Integrated Master Facility Asset Library.

(ii) The Interagency Commission shall manage the Integrated Master Facility Asset Library and shall provide access to the Library for all local education agencies using a cloud–based system.

(4) The Integrated Master Facility Asset Library shall include preventive maintenance schedules accessible to each local education agency.

(g) (1) (i) Except as provided in paragraph (2) of this subsection, the Interagency Commission may not use any facility assessment data until the Interagency Commission establishes the Integrated Master Facility Asset Library.

(ii) After the Interagency Commission has established the Integrated Master Facility Asset Library, and on or after May 1, 2026, the Interagency Commission shall adopt regulations establishing the use of the facility assessment results in annual school construction funding decisions beginning not sooner than fiscal year 2027.

(2) Before the Integrated Master Facility Asset Library is established, the Interagency Commission may use facility assessment data to:

(i) Provide context to programs the Interagency Commission administers;

(ii) Work with local education agencies;

(iii) Fulfill legislative requests;

(iv) Complete any Interagency Commission analysis or report; and

(v) Assist with any external reports.

(h) (1) Except as provided in § 5–314(e) of this subtitle, each county board shall develop and adopt preventative maintenance schedules based on industry standards for the public school facilities within the jurisdiction of the county board.

(2) On or before July 1 each year, each county board shall report to the Interagency Commission on the board’s compliance with the preventative maintenance schedules adopted under this subsection.

(3) The information reported in accordance with paragraph (2) of this subsection shall be entered into the Integrated Master Facility Asset Library.
Md. Code, Business Occupations and Professions § 5-102 — MD Code / Article gbo / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

This title does not prohibit:

(1) an individual from practicing a health occupation that the individual is authorized under the laws of the State to practice; or

(2) an individual who is authorized to practice barbering under Title 4 of this article from practicing barbering.
Md. Code, Education § 5-501 — MD Code / Article ged / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

(a) For fiscal year 2001 and each fiscal year thereafter, to be considered for funding under this subtitle, an educational institution must qualify as a State-aided educational institution under this subtitle.

(b) To qualify as a State-aided educational institution, an educational institution shall submit to the Department the following documentation:

(1) The names of the members of an independent governing board for the institution;

(2) Proof of status as a nonprofit organization;

(3) A copy of the most recent independent annual audit or copies of the most recent internally generated financial statements until the annual audit is available;

(4) A detailed operating budget that:

(i) For an educational institution other than the Baltimore Zoo, indicates that less than 50% of the operating budget comes from State grants;

(ii) Specifies all sources of income, including grants received, names of granting agencies, and the amount of each grant; and

(iii) Specifies all expenditures;

(5) Plans for the use of any grant funds that may be awarded by the State-aided educational institutions grants programs;

(6) Evidence of the provision of a direct service to Maryland school groups or to individuals with disabilities, including:

(i) Data on age levels of students to be served;

(ii) Data on the projected number of students and teachers to be served both statewide and by local jurisdiction; and

(iii) Plans of the institution to support the goals of the Maryland Schools for Success Program and the Maryland School Performance Program; and

(7) Evidence of liability insurance coverage.
Md. Code, Public Utilities § 5-403 — MD Code / Article gpu / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

(a) This section applies to a domestic or foreign corporation that is or may become engaged in the business of transmitting or supplying natural gas, artificial gas, or a mixture of natural and artificial gases.

(b) Subject to subsection (c) of this section, a corporation described in subsection (a) of this section may acquire by condemnation, in accordance with Title 12 of the Real Property Article, rights-of-way or easements necessary to lay, construct, modify, repair, maintain, operate, and remove pipelines and appurtenances to pipelines for transmitting and supplying gas.

(c) (1) Except as provided in paragraph (2) of this subsection, a corporation may not condemn rights-of-way or easements under subsection (b) of this section unless the corporation:

(i) 1. transmits gas directly to local consumers in the State along the corporation’s proposed rights-of-way; and

2. offers to contract with those local consumers to supply them directly with gas on terms and conditions subject to the approval of the Commission; and

(ii) has certified to the State Department of Assessments and Taxation the name and address of a resident agent of the corporation in the State, service of process on whom shall bind the corporation until the appointment of a substitute is certified to the State Department of Assessments and Taxation.

(2) Paragraph (1) of this subsection does not affect the right of a corporation that was transmitting natural gas, artificial gas, or a mixture of natural and artificial gases for public use through one or more pipelines in the State on or before June 1, 1931, to condemn for public use necessary rights-of-way or easements for:

(i) a pipeline or appurtenances to a pipeline in use on or before June 1, 1931;

(ii) any incidental relocations of a pipeline or appurtenances to a pipeline in use on or before June 1, 1931; or

(iii) any additional pipelines or appurtenances to pipelines along and on the same routes or along and on any incidental relocations of a pipeline or appurtenances to a pipeline in use on or before June 1, 1931.

(d) This section does not affect the application of any provision of this article that applies generally or specifically to a corporation that is or may become engaged in the business of transmitting or supplying natural gas, artificial gas, or a mixture of natural and artificial gases.
Md. Code, Criminal Law § 5-204 — MD Code / Article gcr / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

The Department may charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled dangerous substances in the State.
Md. Code, Business Regulation § 5-607 — MD Code / Article gbr / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

(a) If the Director finds that a registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle has violated this subtitle or a regulation adopted under this subtitle, the Director may refer the matter to:

(1) the Attorney General for civil enforcement; or

(2) the appropriate State’s Attorney for criminal prosecution.

(b) The Attorney General may sue for and a court may grant:

(1) injunctive or other equitable relief;

(2) imposition of a civil penalty not exceeding $5,000; or

(3) both.
Md. Code, Agriculture § 5-804 — MD Code / Article gag / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

(a) The Secretary shall cooperate with federal agencies, other State agencies, other states, and other persons in carrying out the duties imposed upon him by this subtitle.

(b) Any money received from any cooperator or person shall be deposited in a special nuisance bird fund and be used to defray partially the expense of administering this subtitle.
Md. Code, Public Safety § 5-301 — MD Code / Article gps / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

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

(b) “Handgun” has the meaning stated in § 4–201 of the Criminal Law Article.

(c) “Permit” means a permit issued by the Secretary to carry, wear, or transport a handgun.

(d) “Qualified handgun instructor” has the meaning stated in § 5–101 of this title.

(e) “Secretary” means the Secretary of State Police or the Secretary’s designee.
Md. Code, Health Occupations § 5-103 — MD Code / Article gho / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.

(b) This title does not limit the right of an individual or group to provide services and information related to nonmedical nutrition while:

(1) Employed by or operating a health, weight loss, or fitness program;

(2) Employed by or operating a health food store;

(3) Employed by or operating a business that sells health products including dietary supplements, food, or food materials, or provides nonmedical nutritional information or distributes nutritional literature; or

(4) Conducting classes or disseminating information related to nonmedical nutrition.

(c) This title does not limit the right of an individual to provide services related only to the purchasing, preparation, and service of food to groups of people.

(d) This title does not limit the right of an individual to provide nonmedical nutritional information or to distribute nutritional literature.
Md. Code, Natural Resources § 5-429 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-429
§5–429.
Status: in_force

(a) The Department shall establish a Green Shores Program to promote and cause the planting and maintenance of forested buffers around the Chesapeake Bay and its tributaries.

(b) The Green Shores Program may include:

(1) Providing grants in the form of trees, money, materials, or expertise to local governments, nonprofit corporations, and State agencies to be used for planting or enhancing forested buffers around the Chesapeake Bay and its tributaries;

(2) Educating the public about the benefits of trees and forested buffers, including:

(i) Establishing demonstration forest buffers on public lands;

(ii) Providing educational and promotional materials to schools;

(iii) Providing grants to schools for their own educational programs;

(iv) Developing and disseminating educational and promotional materials to the public; and

(v) Coordinating volunteer efforts; and

(3) Promoting forested buffers on private land by providing:

(i) Technical assistance, such as preparing site plans and coordinating planting arrangements; and

(ii) Economic incentives, including cost-sharing programs.
Md. Code, Insurance § 5-301 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

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

(b) “Accident and health insurance contract” has the meaning stated in § 5–201.1(a) of this title.

(c) “Appointed actuary” means a qualified actuary who is appointed in accordance with the valuation manual to prepare an opinion required by § 5–201.1 of this title.

(d) “Company” has the meaning stated in § 5–201.1(a) of this title.

(e) “Deposit–type contract” has the meaning stated in § 5–201.1(a) of this title.

(f) “Life insurance policy” has the meaning stated in § 5–201.1(a) of this title.

(g) “NAIC” means the National Association of Insurance Commissioners.

(h) “Operative date of the valuation manual” has the meaning stated in § 5–201.1(a) of this title.

(i) (1) “Policyholder behavior” means any action a policyholder, contract holder, or any other person with the right to elect options, including a certificate holder, may take under a life insurance policy, an accident and health insurance contract, or a deposit–type contract issued on or after the operative date of the valuation manual.

(2) “Policyholder behavior” includes behavior relating to lapse, withdrawal, transfer, deposit, premium payment, loan, annuitization, or benefit elections prescribed by a life insurance policy, an accident and health insurance contract, or a deposit–type contract issued on or after the operative date of the valuation manual.

(3) “Policyholder behavior” does not include an event of mortality or morbidity that results in benefits prescribed in their essential aspects by the terms of a life insurance policy, an accident and health insurance contract, or a deposit–type contract issued on or after the operative date of the valuation manual.

(j) “Principle–based valuation” means a reserve valuation that:

(1) uses one or more methods or one or more assumptions determined by a company; and

(2) meets the requirements of § 5–314 of this subtitle.

(k) “Qualified actuary” has the meaning stated in § 5–201.1(a) of this title.

(l) “Tail risk” means a risk that occurs when:

(1) the frequency of low probability events is higher than expected under a normal probability distribution; or

(2) events of very significant size or magnitude are observed.

(m) “Valuation manual” has the meaning stated in § 5–201.1(a) of this title.
Md. Code, Natural Resources § 5-1002 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1002
§5–1002.
Status: in_force

Gathland State Park, in Frederick and Washington counties, shall be developed by the State for purposes of public education and recreation, as funds are available.
Md. Code, Corporations and Associations § 5-508 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-508
§5–508.
Status: in_force

(a) A cooperative may:

(1) Limit the sale of its common stock or membership to persons designated or described in the bylaws;

(2) Provide that a stockholder or member who ceases to belong to the class of persons designated or described in the bylaws loses his right to vote;

(3) Limit the number of shares of stock which a person may hold; and

(4) Reserve to the board of directors:

(i) The option to purchase for the cooperative the stock offered by any stockholder; and

(ii) The right to redeem the stock of any stockholder.

(b) If a cooperative exercises an option to purchase or a right to redeem, it shall pay for the stock the greater of its book value or its par value.

(c) A restriction on the ownership, transfer, or voting of stock authorized by this section is not valid unless the restriction is:

(1) Set forth in the charter; and

(2) Printed on any stock subscription document and the stock certificate.
Md. Code, Natural Resources § 5-1222 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1222
§5–1222.
Status: in_force

Subject to the availability of funds and in accordance with other provisions of this article regarding open space and wildland areas, the Secretary may enter into agreements with the Nature Conservancy for the State to acquire title to or an interest in property owned by the Nature Conservancy or property on which the Nature Conservancy holds an option or a contract to purchase.
Md. Code, Transportation § 5-814 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-814
§5–814.
Status: in_force

(a) (1) Appeals to the board of appeals may be taken by the Administration, by any aggrieved person, or by any officer or agency of the political subdivision affected by any decision of the administrative agency.

(2) An appeal shall be taken within 30 days of the decision by filing, with the administrative agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds for the appeal. The agency immediately shall send to the board the papers that constitute the record on which the action appealed from was taken.

(3) Before the hearing, the agency also shall send a copy of the decision to the Administration and give it an opportunity to comment.

(b) (1) An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative agency certifies to the board that, because of the facts stated in the certificate, a stay in its opinion would cause imminent peril to life or property.

(2) If the agency certifies as provided in paragraph (1) of this subsection, the proceedings may not be stayed other than by a restraining order granted by the board of appeals or by a court of record. On application and notice to the administrative agency, a restraining order may be granted for good cause shown.

(c) (1) The board shall:

(i) Set a reasonable time for hearing the appeal;

(ii) Give public notice of the hearing;

(iii) Give notice to the parties in interest; and

(iv) Decide the appeal within a reasonable time.

(2) Any party may appear at the hearing in person or by his agent or attorney.

(d) In compliance with this part, the board may:

(1) Reverse, affirm, or modify, the decision appealed from; and

(2) For this purpose:

(i) May make any order, requirement, decision, or determination that it considers proper; and

(ii) Has all the powers of the administrative agency from which the appeal is taken.
Md. Code, Environment § 5-602 — MD Code / Article gen / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

(a) Geothermal resources are a natural resource in the State which possess great potential value for the State and the nation as a whole.

(b) In exploring and developing geothermal resources, maximum possible consideration shall be afforded to:

(1) Avoiding waste and unreasonable use of natural resources;

(2) Protecting the environment; and

(3) Optimizing the productive use of the resource.
Md. Code, Financial Institutions § 5-705 — MD Code / Article gfi / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, each banking institution shall be closed on the following legal holidays:

(i) New Year’s Day;

(ii) Dr. Martin Luther King, Jr.’s Birthday;

(iii) Washington’s Birthday;

(iv) Good Friday;

(v) Memorial Day;

(vi) Independence Day;

(vii) Labor Day;

(viii) Columbus Day;

(ix) Veterans’ Day;

(x) Thanksgiving Day; and

(xi) Christmas Day.

(2) (i) When a legal holiday differs from the corresponding federal holiday, a banking institution:

1. May be closed on both holidays; and

2. Shall be closed on one of the holidays.

(ii) When there is no corresponding federal holiday for a legal holiday listed in paragraph (1) of this subsection, a banking institution:

1. May be closed on the legal holiday; or

2. May remain open on the legal holiday.

(b) (1) Each legal holiday that is not listed in subsection (a) of this section is an optional bank holiday.

(2) When, as to any optional bank holiday, the legal holiday differs from the corresponding federal holiday, a banking institution may be closed on:

(i) Both holidays;

(ii) The legal holiday; or

(iii) The federal holiday.
Md. Code, Natural Resources § 5-9C-03 — MD Code / Article gnr / Title 5 / Subtitle 9C / Section 5-9C-03
§5–9C–03.
Status: in_force

The Program may be funded:

(1) From the General Fund of the State; and

(2) By the proceeds from the sale of State general obligation bonds.
Md. Code, Labor and Employment § 5-213 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-213
§5–213.
Status: in_force

(a) Within a reasonable time after issuance of a citation under § 5-212 of this subtitle to an employer, the Commissioner shall send by certified mail to the employer a notice that:

(1) states the civil penalty, if any, that the Commissioner proposes to assess under this title; and

(2) informs the employer that, within 15 work days after receipt of the notice, the employer may submit to the Commissioner a written notice of contest on the citation or civil penalty.

(b) A citation and any penalty that the Commissioner proposes to assess shall be considered a final order of the Commissioner unless:

(1) within 15 work days after receipt of a notice under subsection (a) of this section the employer notifies the Commissioner of an intent to contest the citation or any penalty; or

(2) within 15 work days after issuance of a citation, an employee or representative of an employee submits a written notice to the Commissioner that alleges that the period of time set in the citation for abatement of the violation is unreasonable.

(c) (1) An employer shall correct each violation for which the Commissioner issues a citation within the period set for correction in a final order under this subtitle.

(2) If the request of an employer for a hearing is made in good faith and not solely to delay or avoid payment of a penalty, the period for correction begins on the day when the order passed as a result of the hearing becomes final.

(d) If the Commissioner has reason to believe that an employer has failed to correct a violation within the time allowed, the Commissioner shall send by certified mail to the employer a notice that:

(1) states that the employer has failed to correct the violation;

(2) states the civil penalty, if any, that the Commissioner intends to assess under this title for the failure; and

(3) informs the employer that, within 15 work days after receipt of the notice, the employer may submit to the Commissioner a notice of contest on the notice or civil penalty.

(e) Unless an employer notifies the Commissioner of an intent to contest as provided in subsection (b) of this section, the notice, including any civil penalty, is a final order.
Md. Code, Corporations and Associations § 5-526 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-526
§5–526.
Status: in_force

(a) (1) A cooperative may operate as an agent to sell the products of its members or nonmember patrons on a nonprofit basis by contracting to pay the members or nonmember patrons the resale price for products sold by them to or through the cooperative, less a uniform charge to cover the expenses involved in the handling of these products.

(2) The resale price shall be:

(i) The actual resale price; or

(ii) A price based on the average price during any period for products of the same type and quality.

(3) The uniform charge for expenses shall be:

(i) Specified in the contract;

(ii) Made otherwise ascertainable; or

(iii) Left for determination by the directors.

(b) A cooperative desiring to purchase goods or obtain or perform services under this subtitle may operate on a nonprofit basis in a manner similar to that described in this section.
Md. Code, Corporations and Associations § 5-336 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-336
§5–336.
Status: in_force

This part does not diminish or impair in any way the corporate existence or the rights, powers, and privileges of any religious corporation that was incorporated before July 1, 1973, under Chapter 24, Acts of 1798, or by special act of the General Assembly.
Md. Code, State Finance and Procurement § 5-807 — MD Code / Article gsf / Title 5 / Subtitle 8 / Section 5-807
§5–807.
Status: in_force

Funds for the Patuxent River planning program described in this subtitle may include:

(1) money from the General Fund of the State;

(2) proceeds of special assessments, permit fees, or other fees;

(3) available special funds;

(4) local contributions; or

(5) federal grants.
Md. Code, State Finance and Procurement § 5-402 — MD Code / Article gsf / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

(a) The Department shall:

(1) harmonize its planning activities with the planning activities of other units of the State government;

(2) coordinate the plans and programs of all units of the State government;

(3) cooperate with and assist other units of the State government in the execution of their planning functions, to harmonize their planning activities with the State Development Plan; and

(4) promote the State’s Economic Growth, Resource Protection, and Planning Policy set forth in Subtitle 7A of this title.

(b) The Department shall:

(1) harmonize its planning activities with the planning activities of local governments; and

(2) cooperate with and assist local governments in the execution of their planning functions, to harmonize their planning activities with the State Development Plan.

(c) The Department shall:

(1) coordinate State programs with the federal government;

(2) cooperate with and assist units of the federal government in the execution of their planning functions, to harmonize their planning activities with the State Development Plan; and

(3) cooperate with, confer with, and, on request, provide information to:

(i) units of the federal government; and

(ii) local or regional agencies that are created under federal programs or that receive federal support.

(d) As far as possible, the Department shall cooperate with and confer with planning agencies of other states or of regional groupings of states.

(e) The Department shall cooperate with and assist regional and private planning agencies in the execution of their planning functions, to harmonize their planning activities with the State Development Plan.

(f) The Department shall exercise authority as the lead agency in coordinating the State’s land preservation efforts and focus its planning efforts on targeted land preservation.

(g) The Department shall plan for the efficient use of inactive railroad corridors by:

(1) examining all opportunities, both present and future, for acquisition or use of inactive railroad corridors;

(2) coordinating and working with the Departments of Natural Resources, Transportation, Commerce, and the State Railroad Administration and other agencies to determine the suitability and feasibility of acquiring or using inactive railroad corridors for recreational trails, public utilities, or future transportation purposes; and

(3) taking part in United States Interstate Commerce Commission proceedings regarding the abandonment or the discontinuance of use of railroad corridors on behalf of the State.

(h) The Department shall:

(1) review transportation plans and programs prepared by the Department of Transportation and regional planning agencies and make recommendations regarding the relationship between transportation and planned land use; and

(2) evaluate proposed transportation improvements and policies to assure consistency between transportation investments and the State Economic Growth, Resource Protection, and Planning Policy.

(i) The Department may provide advice to local governments regarding the impact on growth and development of:

(1) transportation components of local plans;

(2) aspects of local land use regulation affecting transportation; and

(3) local transportation improvements.
Md. Code, Natural Resources § 5-435 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-435
§5–435.
Status: in_force

(a) There is a Pamela J. Kelly Tree–Mendous Maryland Program in the Department.

(b) The Program is established for the purpose of planting native trees and shrubs on public lands, community open spaces, school grounds, and rights–of–way.

(c) The Department shall administer the Program.

(d) The Department may adopt regulations to carry out this part.
Md. Code, Courts and Judicial Proceedings § 5-204 — MD Code / Article gcj / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

A foreign corporation or foreign limited partnership required by law to qualify or register to do business in the State or a person claiming under the foreign corporation or foreign limited partnership, may not benefit from any statute of limitations in an action at law or suit in equity:

(1) Arising out of a contract made or liability incurred by the foreign corporation or foreign limited partnership while doing business without having qualified or registered; or

(2) Instituted while the foreign corporation or foreign limited partnership is doing intrastate or interstate or foreign business in the State without having qualified or registered.
Md. Code, Natural Resources § 5-9A-08 — MD Code / Article gnr / Title 5 / Subtitle 9A / Section 5-9A-08
§5–9A–08.
Status: in_force

(a) (1) There is an Advisory Committee to the Board in the Department of Natural Resources.

(2) The Committee is established to review applications for Rural Legacy Areas, make recommendations for Rural Legacy Area designations to the Board, and consider such other matters as requested by the Board.

(b) The Committee has 11 members as follows:

(1) A trustee of the Maryland Agricultural Land Preservation Foundation;

(2) A trustee of the Maryland Environmental Trust;

(3) A representative of the agriculture industry;

(4) A representative of a nonprofit land conservation organization;

(5) A representative of a nonprofit environmental organization;

(6) A representative of the forest industry;

(7) A representative of a county government department of parks and recreation;

(8) A representative of a business organization;

(9) A private land owner;

(10) A representative of the mineral resources industry; and

(11) A representative of a municipal corporation.

(c) (1) Committee members are appointed by the Governor with the advice and consent of the Senate.

(2) The terms of members are staggered as required by the terms provided for members of the Committee on July 1, 1997.

(3) The Governor shall solicit nominees from industries and groups which are represented on the Committee.

(4) The members shall represent geographically and ethnically diverse areas.

(d) (1) The term of membership is 3 years.

(2) A person may not serve more than two consecutive terms.

(e) The Governor shall designate the chairperson of the Committee.

(f) The Department of Natural Resources, in cooperation with the Department of Agriculture and the Department of Planning, shall provide staff support for the Committee.
Md. Code, Natural Resources § 5-1502 — MD Code / Article gnr / Title 5 / Subtitle 15 / Section 5-1502
§5–1502.
Status: in_force

The purposes of the Heritage Conservation Fund are for the State to acquire conservation easements or a fee simple or other interests in:

(1) Forestlands;

(2) Unique ecological areas of the State;

(3) Any area characterized by significant natural scenic beauty;

(4) Tidal or nontidal wetlands;

(5) Lands in the Chesapeake Bay Critical Area, as defined under § 8–1807 of this article;

(6) Any land designated as a unique ecological area under the Natural Heritage Program in the Department;

(7) Any wilderness area that remains relatively undisturbed by human encroachment;

(8) Lands supporting rare, threatened, or endangered plants or animals;

(9) Lands that support diverse ecological communities of plants or animals;

(10) Any land whose conversion to development would significantly affect water quality or unique natural habitat;

(11) Natural areas that have been designated by the State or submitted by a county for designation as areas of critical State concern under § 5–611 of the State Finance and Procurement Article; and

(12) Lands that can be used by the general public for hunting.
Md. Code, Transportation § 5-1006 — MD Code / Article gtr / Title 5 / Subtitle 10 / Section 5-1006
§5–1006.
Status: in_force

(a) A person may not operate any aircraft in this State:

(1) While under the influence of any intoxicating liquor, narcotic, or other habit forming drug; or

(2) In a careless or reckless manner that endangers the life or property of another.

(b) In determining whether there has been careless or reckless operation of aircraft, the standards required by federal law governing aeronautics for safe operation of aircraft shall be considered.

(c) (1) In addition to or instead of the penalties provided for in Subtitle 11 of this title or as a condition to the suspension of a sentence imposed under that subtitle, the court may prohibit any person who violates a provision of this section from operating an aircraft in this State for any period of not more than 1 year.

(2) Violation of an imposed prohibition of a court under this subsection may be treated as a separate offense under this section or as a contempt of court.

(d) This section does not authorize the court or any other agency or person to take away, impound, hold, or mark any federal certificate, permit, rating, or license.
Md. Code, Courts and Judicial Proceedings § 5-604 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) Notwithstanding any other provision of law, except for any willful or grossly negligent act, a fire company or rescue company, and the personnel of a fire company or rescue company, are immune from civil liability for any act or omission in the course of performing their duties.

(b) (1) The immunity granted by this section is waived with respect to actions to recover damages for the negligent operation of a motor vehicle to the following extent:

(i) For a self-insured fire company or rescue company, liability shall extend up to the minimum insurance limits imposed by § 17-103 of the Transportation Article; and

(ii) For a fire company or rescue company insured by an insurer authorized to issue insurance policies in this State, liability shall extend up to the maximum limit of any basic vehicle liability insurance policy it has in effect, exclusive of excess liability coverage.

(2) The immunity granted by this section is not waived and may be raised as a defense as to any amount of damages claimed above the limits in this subsection and as to any other action for damages not involving the negligent operation of a motor vehicle.
Md. Code, General Provisions § 5-816 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-816
§5–816.
Status: in_force

On or before October 1 each year, each school board shall certify to the Ethics Commission that the school board is in compliance with the requirements of this part for:

(1) members of the school board; and

(2) if applicable, officials and employees of the local school system.
Md. Code, State Finance and Procurement § 5A-301 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-301
§5A–301.
Status: in_force

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

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

(c) “Financial assistance” means action by the State or a State unit to award grants, loans, loan guarantees, or insurance to a public or private entity to finance, wholly or partly, an undertaking.

(d) “Governmental unit” means an agency, authority, board, commission, council, office, or other unit or instrumentality of the government of the State or of a political subdivision of the State.

(e) (1) “Historic property” means a district, site, building, structure, monument, or object significant to:

(i) the prehistory or history of the State; or

(ii) the upland and underwater archaeology, architecture, engineering, or culture of the State.

(2) “Historic property” includes related artifacts, records, and remains.

(f) “Nonprofit organization” means a corporation, foundation, or other legal entity, no part of the net earnings of which inures to the benefit of a private shareholder or individual holding an interest in the entity.

(g) “Political subdivision” means a county or municipal corporation of the State.

(h) “Preservation” or “historic preservation” means the identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction of a historic property.

(i) “State Historic Preservation Officer” means the individual who administers the State Historic Preservation Program under the National Historic Preservation Act of 1966, 16 U.S.C. §§ 470–470mm.

(j) “State unit” has the meaning stated in § 11–101 of the State Government Article.

(k) “Submerged” means beneath or substantially beneath water.

(l) “Terrestrial” means relating to land above the mean high tide line and above nontidal waters.

(m) “Trust” means the Maryland Historical Trust.

(n) “Undertaking” means a project that involves or may result in building construction, building alteration, or land disturbance.
Md. Code, Education § 5-210 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-210
§5–210.
Status: in_force

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

(2) “Blueprint for Maryland’s Future Fund estimate” means the estimate of revenues to be distributed to the Blueprint for Maryland’s Future Fund established under § 5–206 of this subtitle by the Board of Revenue Estimates as required by § 6–106 of the State Finance and Procurement Article.

(3) “General Fund estimate” means the estimate of General Fund revenues by the Board of Revenue Estimates as required by § 6–106 of the State Finance and Procurement Article.

(b) Beginning December 1, 2024, and each December 1 thereafter, for fiscal year 2026 and each fiscal year thereafter, if there is a cumulative reduction in the December General Fund estimate and the Blueprint for Maryland’s Future Fund estimate in the December Board of Revenue Estimates report for that fiscal year that is at least 3.75% below the March General Fund estimate in the March Board of Revenue Estimates report for that fiscal year, notwithstanding any other provision of law:

(1) Per pupil formula increases in major education aid required under this subtitle shall be 0%; and

(2) Any additional funding increases required under this subtitle shall be limited to 0%.

(c) The Governor shall include the limitation on increases required under subsection (b) of this section in the annual budget bill in the General Assembly session immediately following the December Board of Revenue Estimates report.
Md. Code, Family Law § 5-539 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-539
§5–539.
Status: in_force

(a) The State Board may adopt policies and procedures that:

(1) relate to the functions of the local boards; and

(2) are consistent with the goals set forth in § 5–544 of this subtitle.

(b) The State Board shall:

(1) provide a training program for members of the local boards and local citizens review panels;

(2) review and coordinate the activities of the local boards;

(3) adopt policies and procedures that relate to reports and any other information that is required for any public or private agency or institution;

(4) make recommendations to the Secretary of Human Services and the General Assembly regarding:

(i) the response of the State to child abuse and neglect; and

(ii) out–of–home care policies, procedures, and practices; and

(5) report to the Secretary of Human Services and, subject to § 2–1257 of the State Government Article, the General Assembly on the first day of each year on the status of children in out–of–home placement in this State.
Md. Code, Labor and Employment § 5-311 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-311
§5–311.
Status: in_force

The Board shall submit to the Commissioner, with each recommendation for a proposed regulation, a report that:

(1) explains the need for the proposed regulation; and

(2) summarizes the information available to the Board, including:

(i) testimony that was presented at any public hearing; and

(ii) technical information.
Md. Code, State Finance and Procurement § 5-805 — MD Code / Article gsf / Title 5 / Subtitle 8 / Section 5-805
§5–805.
Status: in_force

(a) (1) The Department has primary responsibility for preparing proposed amendments to the Plan.

(2) For the purpose of updating the Plan, the Department and the Commission shall together consider draft amendments to the Plan at least once every 5 years starting with October 1, 1995.

(3) In preparing a proposed amendment, the Department shall consult with local jurisdictions and appropriate units of the State government, who shall:

(i) provide the Department with pertinent information, including information on implementation of the Plan; and

(ii) cooperate with and assist the Department in preparing the proposed amendment.

(b) Before the Department presents a proposed amendment to the Plan to local jurisdictions for their approval, the Commission shall:

(1) review and comment on the proposed amendment and work with the Department in making any modifications to the proposed amendment that the Commission considers necessary;

(2) distribute copies of the proposed amendment to the Governor, appropriate members of the General Assembly, the local jurisdictions entitled to voting representation on the Commission, other affected local jurisdictions, and appropriate units of the State government, for their information and comments; and

(3) conduct at least 1 public hearing on the proposed amendment.

(c) After a proposed amendment to the Plan has been acted on by the Commission, the Department may present the proposed amendment to the governing bodies of the local jurisdictions entitled to voting representation on the Commission, for their approval, by resolution. The Department shall include any comments made by the Commission.

(d) (1) If the governing bodies of 6 of the 8 local jurisdictions entitled to voting representation on the Commission approve the proposed amendment, the Department shall present the proposed amendment to the General Assembly. The Department shall include any comments made by the Commission or by the governing bodies.

(2) If the General Assembly, by joint resolution, approves the proposed amendment, the effective date of the amendment is immediate, unless otherwise specified in the amendment.
Md. Code, Courts and Judicial Proceedings § 5-401.1 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-401.1
§5–401.
Status: in_force

§5–401.1.

(a) (1) A release of the claim of an injured individual for damages resulting from a tort, signed by the injured individual within 30 days of the infliction of the injuries without the assistance or guidance of an attorney at law, and any power of attorney to or contract of employment with an attorney at law, with reference to recovery of damages for the tort, signed by the individual within 30 days after the infliction of the injuries, shall be voidable at the option of the injured individual within 60 days after the day on which the individual signed the document.

(2) (i) Notice that a release is voided under this subsection by the injured individual shall be:

1. In writing; and

2. Accompanied by the return of any money paid to the injured individual as a result of the signing of the release.

(ii) The release is void from the date that the notice is mailed.

(b) A person whose interest is or may become adverse to an injured individual who is confined to a hospital or sanitarium as a patient may not, within 15 days from the date of the occurrence causing the patient’s injury:

(1) Negotiate or attempt to negotiate a settlement with the patient;

(2) Obtain or attempt to obtain a general release of liability from the patient; or

(3) Obtain or attempt to obtain any statement, either written or oral from the patient, for use in negotiating a settlement or obtaining a release.

(c) Any settlement agreement entered into or any general release of liability made by any individual who is confined in a hospital or sanitarium after the individual incurs a personal injury may not be used in evidence in any court action relating to the injury and may not be used for any purpose in any legal action in connection with the injury if the settlement agreement or release is obtained contrary to the provisions of subsection (b) of this section.

(d) A release executed by an individual who has sustained personal injuries does not discharge a subsequent tort–feasor:

(1) Who is not a party to the release; and

(2) (i) Whose responsibility for the individual’s injuries is unknown at the time of execution of the release; or

(ii) Who is not specifically identified in the release.
Md. Code, General Provisions § 5-810 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-810
§5–810.
Status: in_force

The lobbying provisions enacted by a county or municipal corporation under § 5–807 of this subtitle:

(1) shall be substantially similar to the provisions of Subtitle 7 of this title; but

(2) (i) shall be modified to the extent necessary to make the provisions relevant to that jurisdiction; and

(ii) may be further modified to the extent considered necessary and appropriate by and for that jurisdiction.
Md. Code, Health Occupations § 5-311.1 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-311.1
§5–311.
Status: in_force

§5–311.1.

(a) If after a hearing under § 5-312 of this subtitle the Board finds that there are grounds under § 5-311 of this subtitle to suspend or revoke a license, the Board may impose a penalty not exceeding $5,000:

(1) Instead of suspending the license; or

(2) In addition to suspending or revoking the license or reprimanding the licensee.

(b) The Board shall adopt regulations to set standards for the imposition of penalties under this section.

(c) The Board shall pay any penalty collected under this section into the General Fund of the State.
Md. Code, Human Services § 5-307 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) Except as provided in subsection (b) of this section, a religious organization may participate in the FIP on the same basis as any other nongovernmental entity.

(b) An individual may not be required to accept assistance from a religious organization if acceptance would violate the individual’s bona fide religious beliefs and practices.

(c) An organization funded under the FIP may not discriminate on the basis of religion, religious belief, or refusal to participate in a religious practice with respect to any individual’s receipt of service under the FIP.

(d) The Department shall provide all recipients with clear and timely notice of their rights under § 104(e) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
Md. Code, Courts and Judicial Proceedings § 5-302 — MD Code / Article gcj / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) Each local government shall provide for its employees a legal defense in any action that alleges damages resulting from tortious acts or omissions committed by an employee within the scope of employment with the local government.

(b) (1) Except as provided in paragraph (2) of this subsection, a person may not execute against an employee on a judgment rendered for tortious acts or omissions committed by the employee within the scope of employment with a local government.

(2) (i) An employee shall be fully liable for all damages awarded in an action in which it is found that the employee acted with actual malice.

(ii) In such circumstances the judgment may be executed against the employee and the local government may seek indemnification for any sums it is required to pay under § 5-303(b)(1) of this subtitle.

(c) If the injury sustained is compensable under the Maryland Workers’ Compensation Act, an employee may not sue a fellow employee for tortious acts or omissions committed within the scope of employment.

(d) (1) The rights and immunities granted to an employee are contingent on the employee’s cooperation in the defense of any action.

(2) If the employee does not cooperate, the employee forfeits any and all rights and immunities accruing to the employee under subsection (b) of this section.
Md. Code, Health Occupations § 5-401 — MD Code / Article gho / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice dietetics in the State unless licensed by the Board.
Md. Code, Courts and Judicial Proceedings § 5-508 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-508
§5–508.
Status: in_force

An officer or director of a public drainage association or public watershed association, while acting in a discretionary capacity, without malice, and within the scope of the officer’s or director’s employment or authority is immune as an official or individual from civil liability for any act or omission.
Md. Code, Natural Resources § 5-409 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-409
§5–409.
Status: in_force

(a) Any person, his aiders, abettors, and counsellors, who willfully, negligently, recklessly, wrongfully, or maliciously enters upon lands or premises of another without written permission of the owner of the lands or premises, in order to cut, burn, or otherwise injure or destroy, or cause to be cut, burned, or otherwise injured, or destroyed, any merchantable trees or timber on the land is liable to the party injured or aggrieved in an amount triple the value of the trees or timber cut, burned, or otherwise injured or destroyed, plus the costs of any surveys, appraisals, attorney fees, or court fees in connection with the case. The damages are recoverable in a civil action, as in any other case.

(b) At the request of a law enforcement officer, a person on the lands and premises of another engaged in any act specified in subsection (a) of this section shall display the written permission of the owner.

(c) Notwithstanding the provisions of this section, the following shall obtain the permission of an owner before engaging in any act specified in subsection (a) of this section, but are not required to obtain the permission in writing or to display the written permission as provided in subsection (b) of this section:

(1) A public service company, as defined in § 1–101 of the Public Utilities Article; and

(2) An employee of the Department of Public Works or roads board of any county or municipality, or the State Highway Administration, performing roadside maintenance.
Md. Code, Family Law § 5-4B-01 — MD Code / Article gfl / Title 5 / Subtitle 4B / Section 5-4B-01
§5–4B–01.
Status: in_force

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

(b) “Administration” means the Social Services Administration of the Department.

(c) “Confidential intermediary” means an individual or child placement agency qualified by the Director for the purpose of providing search, contact, and reunion services under this subtitle.

(d) “Director” means the Director of the Administration.

(e) “Member of the adoptive family” means an adoptive parent, grandparent, brother, or sister of an adopted individual.

(f) (1) Except as provided in paragraph (2) of this subsection, “relative” means a parent, brother, sister, child, aunt, or uncle of a biological parent.

(2) In the case of a minor in out–of–home placement who was adopted through a local department, “relative” means an individual at least 21 years old who is related to the minor by blood or marriage within five degrees of consanguinity or affinity under the civil law rule.

(g) “Search, contact, and reunion services” means services:

(1) to locate adopted individuals, biological parents of adopted individuals, siblings of adopted individuals, and, as provided in § 5–4B–11 of this subtitle, relatives and members of the adoptive family;

(2) to assess the mutual desire for communication or disclosure of information:

(i) between adopted individuals and biological parents of adopted individuals;

(ii) between adopted individuals and siblings of adopted individuals; and

(iii) as provided in § 5–4B–11 of this subtitle, between:

1. adopted individuals and relatives; and

2. biological parents and members of the adoptive family;

(3) to provide, or provide referral to, counseling for adopted individuals, biological parents of adopted individuals, siblings of adopted individuals, relatives, and members of the adoptive family;

(4) if siblings of a minor in out–of–home placement were adopted through a local department, to contact the siblings to develop a placement resource or facilitate a family connection with the siblings of the minor; and

(5) if a minor in out–of–home placement was adopted through a local department and a local department has determined that reunification with the minor’s adoptive parents is not in the minor’s best interests, to contact relatives of the minor to develop a placement resource or facilitate a family connection with the relatives.

(h) “Sibling” means a brother or sister of the whole or half blood who:

(1) is at least 21 years old; and

(2) has been adopted.
Md. Code, Business Occupations and Professions § 5-312 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-312
§5–312.
Status: reserved

(a) The Board shall reinstate the license of an individual who, for any reason, has failed to renew the license if the individual:

(1) applies to the Board for reinstatement within 5 years after the license expires;

(2) meets the renewal requirements of § 5-311 of this subtitle; and

(3) pays to the Board a reinstatement fee established by the Board in accordance with § 5-205 of this title, in addition to the renewal fee required under § 5-311 of this subtitle.

(b) If an individual has failed to renew a license for any reason and then applies to the Board for reinstatement more than 5 years after the license has expired, the Board shall reinstate the license only if the individual:

(1) meets the renewal requirements of § 5-311 of this subtitle;

(2) passes the examination required by the Board; and

(3) pays to the Board a reinstatement fee established by the Board in accordance with § 5-205 of this title, in addition to the renewal fee required under § 5-311 of this subtitle.
Md. Code, Public Safety § 5-124 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-124
§5–124.
Status: in_force

(a) (1) A person who is not a licensee may not sell, rent, transfer, or purchase a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by a licensee to the Secretary.

(2) As an alternative to completing a secondary sale of a regulated firearm through a licensee, a prospective seller, lessor, or transferor and a prospective purchaser, lessee, or transferee may complete the transaction through a designated law enforcement agency.

(b) A firearm applicant for a secondary sale of a regulated firearm through a licensee shall pay to the licensee a processing fee not exceeding $20.

(c) A person shall complete the sale, rental, or transfer of a regulated firearm within 90 days after the firearm application was stamped by the Secretary as not being disapproved.

(d) (1) If the sale, rental, or transfer of a regulated firearm is not completed within 90 days after the firearm application was stamped by the Secretary as not being disapproved, a person shall return the firearm application to the Secretary within 7 days.

(2) The Secretary shall void a firearm application returned under paragraph (1) of this subsection as an incomplete sale, rental, or transfer.

(e) (1) (i) A person who sells, rents, or transfers a regulated firearm in compliance with this subtitle shall forward a copy of the written notification of the completed transaction to the Secretary within 7 days after delivery of the regulated firearm.

(ii) The notification shall contain an identifying description of the regulated firearm, including its caliber, make, model, any manufacturer’s serial number, and any other special or peculiar characteristic or marking by which the regulated firearm may be identified.

(2) The Secretary shall maintain a permanent record of all notifications received of completed sales, rentals, and transfers of regulated firearms in the State.
Md. Code, Natural Resources § 5-502 — MD Code / Article gnr / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

(a) The General Assembly declares that the maintenance and reproduction of the pine forest resource of the State is in the public interest and provides significant recreational, esthetic, wildlife and environmental benefits as well as wood fiber essential to commerce and industry for the citizens of the State.

(b) The General Assembly finds that the pine forest resources of the State are being harvested at a greater rate than they are being replanted or reproduced. It further finds that unless measures are instituted to ensure that the pine forest resources are sustained, this natural resource will be depleted to the detriment of the citizens of the State. Consequently, it is the intent of this subtitle to require that when commercial cutting operations are conducted in the State measures are taken to ensure that pine forests are reproduced or replanted.
Md. Code, Corporations and Associations § 5-521 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-521
§5–521.
Status: in_force

(a) A member of a cooperative organized without capital stock and a holder of stock, whether common or preferred, is entitled to only one vote.

(b) Voting by proxy is prohibited in any cooperative. Voting by mail is not voting by proxy.

(c) At any meeting of members, a signed written vote received by mail from any absent member may be read at the meeting and is equivalent to a vote of the member if:

(1) The member was notified in writing of the exact motion or resolution on which the vote is taken; and

(2) A copy of the motion or resolution is attached to the vote mailed by him.
Md. Code, State Finance and Procurement § 5A-356 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-356
§5A–356.
Status: in_force

The Trust may not make a grant to a museum that:

(1) is operated wholly or partly by the State; or

(2) has not existed as a nonprofit organization for at least 3 years before applying for the grant.
Md. Code, Family Law § 5-3A-19 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-19
§5–3A–19.
Status: in_force

(a) (1) Consent of a parent may include a waiver of the right to notice of:

(i) the filing of a petition under this subtitle; and

(ii) further proceedings under this subtitle.

(2) Consent to guardianship is not valid unless the consent:

(i) is given after the child for whom guardianship is sought is born;

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

(iii) if given in a language other than English:

1. is given before a judge on the record; or

2. is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;

(iv) contains an express notice of:

1. the right to revoke consent, at any time within 30 days after the person signs the consent, unless the revocation is barred under subsection (b)(2) of this section;

2. the search rights of adoptees and parents under § 5-3A-42 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and

3. the right to file a disclosure veto under § 5-3A-42 of this subtitle; and

(v) is accompanied by an affidavit of counsel appointed under § 5-3A-07(a) of this subtitle stating that a parent who is a minor or has a disability consents knowingly and voluntarily.

(b) (1) Subject to paragraph (2) of this subsection, a person may revoke consent to guardianship at any time within 30 days after the person signs the consent.

(2) A parent may not revoke consent for guardianship of a child if:

(i) in the preceding year, the parent has revoked consent for or filed a notice of objection to guardianship of the child; and

(ii) the child is at least 30 days old and consent is given before a judge on the record.

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

(1) file notice with the court;

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

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

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

(ii) if the unit or person fails to enter into a new consent, dismiss the petition.
Md. Code, Natural Resources § 5-1107 — MD Code / Article gnr / Title 5 / Subtitle 11 / Section 5-1107
§5–1107.
Status: in_force

Whenever the owner desires, he may post in conspicuous places notices informing the public that the land is private. The landowner, by written consent, may grant permission to enter on the land.
Md. Code, Insurance § 5-805 — MD Code / Article gin / Title 5 / Subtitle 8 / Section 5-805
§5–805.
Status: in_force

(a) (1) For purposes of the trust deposit, title to the trusteed assets is vested in the trustee and its successor.

(2) The trust agreement shall provide that title to the trusteed assets be vested as described in paragraph (1) of this subsection.

(b) The trustee shall:

(1) keep the trusteed assets separate from other assets; and

(2) maintain a record of the trusteed assets sufficient to identify the trusteed assets at all times.

(c) (1) On written request of the Commissioner, the trustee shall file with the Commissioner statements, in the form required by the Commissioner, certifying the character and amount of the trusteed assets.

(2) If the trustee after a reasonable time fails to file a statement requested by the Commissioner under paragraph (1) of this subsection, the Commissioner may suspend or revoke the certificate of authority of the alien insurer that deposited the trusteed assets.

(d) The Commissioner may examine the trusteed assets of an alien insurer at any time in accordance with the conditions and procedures that govern the examination of insurers in general under Title 2 of this article.
Md. Code, Corporations and Associations § 5-6C-06 — MD Code / Article gca / Title 5 / Subtitle 6C / Section 5-6C-06
§5–6C–06.
Status: in_force

(a) (1) Each benefit corporation shall have the purpose of creating a general public benefit.

(2) The purpose described in paragraph (1) of this subsection is in addition to, and may be a limitation on, the purposes of the corporation under § 2–101 of this article.

(b) (1) In addition to its purposes under § 2–101 of this article and subsection (a) of this section, the charter of a benefit corporation may identify as one of the purposes of the benefit corporation the creation of one or more specific public benefits.

(2) The identification in its charter of a specific public benefit purpose under paragraph (1) of this subsection does not limit the obligation of a benefit corporation to create a general public benefit.

(c) The creation of a general public benefit or specific public benefit as provided in subsections (a) and (b) of this section is in the best interests of the benefit corporation.
Md. Code, Economic Development § 5-543 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-543
§5–543.
Status: in_force

A guaranty shall contain terms and conditions that the Authority determines to be appropriate.
Md. Code, Family Law § 5-357 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-357
§5–357.
Status: in_force

(a) (1) (i) On request of an adoptee or adoptive or former parent of an adoptee and without a showing of a need, a local department shall provide information, other than identifying information, in its adoption record on the adoptee.

(ii) If a local department denies a request under this paragraph, then on petition of an adoptee or adoptive or former parent and without a showing of need, a juvenile court shall order access for the petitioner to inspect, in accordance with subsection (b) of this section, the local department’s record on the adoptee.

(2) On petition of an adoptee or adoptive or former parent of an adoptee and without a showing of need, a juvenile court shall order access for the petitioner to inspect, in accordance with subsection (b) of this section, the juvenile court’s record on the adoptee.

(b) A juvenile court may not order opened for inspection under this section any part of a record that contains identifying information.
Md. Code, Courts and Judicial Proceedings § 5-633 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-633
§5–633.
Status: in_force

(a) For purposes of this section, an “immediate threat” exists if any meat, seafood, poultry, vegetable, fruit, or any other perishable substance that is intended for consumption as food:

(1) Contains any filthy, decomposed, or putrid substance;

(2) Is poisonous or otherwise would be injurious to health if consumed; or

(3) Is otherwise unsafe.

(b) (1) The Secretary of Health shall be liable under § 21–254 of the Health – General Article only if the owner can prove by a preponderance of evidence that, at the time of the action taken against the substance, the substance did not pose an immediate threat.

(2) Any liability under § 21–254 of the Health – General Article shall be limited to the market value of the substance as of the time the action was taken against the substance.

(c) The right of action created by § 21–254 of the Health – General Article lies only against the Secretary of Health in the Secretary’s official capacity, and the Secretary shall have no personal liability for the payment of any judgment that is entered in any action brought under § 21–254 of the Health – General Article.

(d) Under § 21–254 of the Health – General Article, the State waives its sovereign immunity to the extent of the right of action that is expressly created, but in no further or other respect.
Md. Code, Labor and Employment § 5-505 — MD Code / Article gle / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

Sections 5-804, 5-805, and 5-806 of this title do not apply to this subtitle.
Md. Code, Corporations and Associations § 5-131 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-131
§5–131.
Status: in_force

If any provision of this subtitle or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this subtitle that can be given effect without the invalid provision or application, and to this end, the provisions of this subtitle are severable.
Md. Code, Human Services § 5-403 — MD Code / Article ghu / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

(a) A resident of the State is eligible for assistance under this part if the resident:

(1) lacks sufficient income or benefits to maintain a reasonable subsistence compatible with decency and health; and

(2) (i) is eligible for or receives cash benefits under Title XVI of the federal Social Security Act; or

(ii) is aged, blind, or disabled as defined under Title XVI of the federal Social Security Act and, but for income, would receive cash benefits under that title.

(b) An applicant may not assign or transfer property to establish eligibility for assistance under this part during the 3 years before:

(1) filing an application for assistance; or

(2) receiving assistance.
Md. Code, Economic Development § 5-907 — MD Code / Article gec / Title 5 / Subtitle 9 / Section 5-907
§5–907.
Status: in_force

(a) The Program is contingent on the allocation of money in the State budget to the Maryland Department of Transportation.

(b) In accordance with the State budget, the Maryland Department of Transportation shall allocate money for the Program from the Transportation Trust Fund after elements of a long-term plan for managing dredged material, in accordance with §§ 5-1102(d)(2)(ii) and 5-1104.2(d) of the Environment Article:

(1) are operational; and

(2) provide 20 years of placement capacity.
Md. Code, Courts and Judicial Proceedings § 5-520 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-520
§5–520.
Status: in_force

(a) Notwithstanding any other provision of law, and except as otherwise expressly provided in this section, the State of Maryland Deposit Insurance Fund Corporation shall retain and may raise the defense of sovereign immunity in any action.

(b) Obligations arising out of a written contract executed by the State of Maryland Deposit Insurance Fund on or after May 18, 1985 may be enforced in accordance with Title 12, Subtitle 2 of the State Government Article.
Md. Code, Health - General § 5-406.1 — MD Code / Article ghg / Title 5 / Subtitle 4 / Section 5-406.1
§5–406.
Status: in_force

§5–406.1.

(a) Any person who has custody of a donated body immediately shall notify the chairman of the Board.

(b) When the Board is notified of the existence of a donated body, the Board may remove the body to a designated morgue in Baltimore City.

(c) (1) The donated body shall be under the exclusive control of the Board and may be embalmed.

(2) If the body is embalmed, it shall be embalmed in a proper manner by an individual whom the Board designates.
Md. Code, State Finance and Procurement § 5-615 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-615
§5–615.
Status: in_force

The Plan shall contain the recommendations of the Secretary concerning any current or impending problem that may affect the State as a whole.
Md. Code, Natural Resources § 5-404 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) Forest wardens and other persons having police powers in the State, in addition to their regular duties, shall enforce the law for the care and protection of roadside trees. In the enforcement of these laws, they possess the same powers as a peace officer to arrest with a warrant.

(b) The Department may authorize a county or municipality to enforce §§ 5–402 and 5–406 of this subtitle.
Md. Code, Transportation § 5-706 — MD Code / Article gtr / Title 5 / Subtitle 7 / Section 5-706
§5–706.
Status: in_force

This subtitle does not require any change in the height or location of any structure or other object in existence or any structure under construction before July 1, 1976.
Md. Code, Land Use § 5-102 — MD Code / Article glu / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) Before exercising subdivision powers under §§ 5–202 and 5–203 of this title, the planning commission shall recommend subdivision regulations to the legislative body.

(b) The subdivision regulations shall be for the health, safety, welfare, and common interest of the citizens of the local jurisdiction.

(c) The subdivision regulations may include provisions for the purposes of:

(1) adequately controlling shore erosion;

(2) controlling sediment and ensuring protection from flooding;

(3) arranging streets in relation to each other and to the comprehensive plan;

(4) adequately and conveniently placing public school sites and open spaces for traffic, utilities, access of fire–fighting apparatus, recreation, and access to light and air;

(5) properly managing growth and development;

(6) setting minimum lot widths and areas; and

(7) determining the extent to which the following actions shall be taken before the approval of a plat:

(i) the grading and improvement of streets and other ways;

(ii) the provision of soil erosion or sediment control; and

(iii) the installation of water, sewer, other utility mains, piping, or other facilities.

(d) (1) Subdivision regulations shall require that an appropriate easement be provided for any burial site located on the land.

(2) The easement shall be subject to the subdivision plat for entry to and exit from the burial site by an individual related by blood or marriage or a person in interest, as defined in § 14–121 of the Real Property Article.

(3) The existing right–of–way need not be extended for any improvements on the burial site.
Md. Code, Public Utilities § 5-402 — MD Code / Article gpu / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

(a) This subtitle does not authorize a corporation to take or use property unless just compensation, as agreed on with the owner or awarded by a jury, has been paid or tendered to the parties entitled to compensation or paid into court.

(b) This subtitle does not authorize the location of a public road on private property without the consent of the owner or the decision of the county commissioners or county council after notice and an opportunity to be heard as required by law for opening or altering public roads.
Md. Code, Criminal Law § 5-606 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

(a) Except as otherwise provided in this title, a person may not pass, issue, make, or possess a false, counterfeit, or altered prescription for a controlled dangerous substance with intent to distribute the controlled dangerous substance.

(b) Information that is communicated to an authorized prescriber in an effort to obtain a controlled dangerous substance in violation of subsection (a) of this section is not a privileged communication.
Md. Code, General Provisions § 5-601 — MD Code / Article ggp / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, and subject to subsections (d) and (e) of this section, each official and candidate for office as a State official shall file a statement as specified in §§ 5–602 through 5–608 of this subtitle.

(b) Financial disclosure by a judge of a court under Article IV, § 1 of the Maryland Constitution, a candidate for elective office as a judge, or a judicial appointee as defined in Maryland Rule 16–814 is governed by § 5–610 of this subtitle.

(c) The requirement to file a financial disclosure statement under subsection (a) of this section does not apply to:

(1) a deputy sheriff and any employee in the office of the sheriff of a county; and

(2) a deputy or assistant State’s Attorney and any employee in the office of the State’s Attorney for a county.

(d) (1) Except as provided in paragraph (2) of this subsection, an individual who is a public official only as a member of a board and who receives annual compensation that is less than 25% of the lowest annual compensation at State grade level 16 shall file the statement required by subsection (a) of this section in accordance with § 5–609 of this subtitle.

(2) A member of a board of license commissioners or of a liquor control board shall file a statement in accordance with § 5–607 of this subtitle.

(e) A commissioner or an applicant for appointment as commissioner of a bicounty commission shall file the statement required by subsection (a) of this section in accordance with Subtitle 8, Part IV of this title.
Md. Code, Economic Development § 5-435 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-435
§5–435.
Status: in_force

Financial assistance under this subtitle is:

(1) subject to the provisions of Title 20 of the State Government Article concerning discrimination and unlawful practices; and

(2) not subject to Title 17, Subtitle 1 of the State Finance and Procurement Article (Security for construction projects).
Md. Code, Natural Resources § 5-215.1 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-215.1
§5–215.
Status: in_force

§5–215.1.

(a) The General Assembly declares that:

(1) Deep Creek Lake and the land under and around it possess unique and valuable scenic, ecologic, historic, recreational, fish, wildlife, and other natural resource values; and

(2) A Deep Creek Lake recreation and land use plan will:

(i) Protect the resources and natural value of the lake and surrounding land;

(ii) Provide for the ongoing recreation, use, and enjoyment of these resources; and

(iii) Fulfill vital conservation purposes by wise, sustainable use of these resources.

(b) (1) The Secretary and the Deep Creek Lake Policy and Review Board shall prepare a plan that provides for the wise use, protection, and management of the natural and recreational resources of Deep Creek Lake.

(2) The plan shall:

(i) Evaluate the lake, shoreline, and buffer area as a recreational, water, natural, and scenic resource, considering land use, carrying capacity, zoning, visitor access, recreation areas, commercial and private use, and related activities; and

(ii) Reflect activities such as fishing, boating, docking, hiking, water sports, scenic appreciation, natural interpretation, and other programs which provide the public with opportunities to appreciate and enjoy the value of the lake and buffer area.

(c) The Department may consult with the Department of the Environment and the Department of Commerce:

(1) In preparing the Deep Creek Lake recreation and land use plan; and

(2) On any other matter relating to Deep Creek Lake.

(d) (1) Subject to paragraph (2) of this subsection, the Secretary may adopt regulations relating to Deep Creek Lake that are necessary to:

(i) Protect the public health and safety, natural resources, and the environment; or

(ii) Implement the Deep Creek Lake recreation and land use plan.

(2) Before the Secretary proposes or adopts a regulation, the Secretary shall submit a draft of the regulation to the Deep Creek Lake Policy and Review Board for its review and consent if the regulation relates to:

(i) The content or the adoption and implementation of a Deep Creek Lake recreation and land use plan, as described under subsections (a) and (b) of this section; or

(ii) Any fee proposed under § 5–215 of this subtitle.
Md. Code, Education § 5-206 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) In this section, “Fund” means the Blueprint for Maryland’s Future Fund.

(b) There is the Blueprint for Maryland’s Future Fund.

(c) The purpose of the Fund is to assist in providing adequate funding for early childhood education and primary and secondary education to provide a world–class education to students so they are prepared for college and a career in the global economy of the 21st century, based on the recommendations of the Commission on Innovation and Excellence in Education.

(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) Revenue distributed to the Fund under Title 9, Subtitles 1D and 1E of the State Government Article and §§ 2–4A–02, 2–605.1, and 2–1303 of the Tax – General Article;

(2) Money appropriated in the State budget for the Fund;

(3) Interest earned by the Academic Excellence Fund established under § 6–1105 of this article; and

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

(g) (1) The Fund may be used only to assist in providing adequate funding for:

(i) Early childhood education, primary and secondary education, and other programs, based on the recommendations of the Commission on Innovation and Excellence in Education, including revised education funding formulas;

(ii) Maryland prekindergarten expansion grants; and

(iii) Early childhood education, primary and secondary education, and other programs for costs associated with the Coronavirus Disease 2019 (COVID–19), including:

1. One–time primary and secondary education aid grants provided in fiscal year 2022 to:

A. Address enrollment declines related to the COVID–19 pandemic; and

B. Ensure that every county board receives an increase in State education aid over the amount of State education aid the county board received in fiscal year 2021; and

2. Grants provided in fiscal years 2021 and 2022 for:

A. Summer school programs, tutoring, and other supplemental instruction programs to address student learning loss;

B. Identification of and support for students dealing with trauma or behavioral health issues; and

C. Schools to safely reopen for in–person instruction.

(2) (i) The Fund may not be used for school construction under Subtitle 3 of this title.

(ii) The Fund may not be used to fund the Academic Excellence Program established under Title 6, Subtitle 11 of this article.

(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, Natural Resources § 5-212 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-212
§5–212.
Status: reserved

(a) In this section, “Fund” means the Forest or Park Reserve Fund.

(b) There is a Forest or Park Reserve Fund in the Department.

(c) The purpose of the Fund is to enable the Department to purchase and manage in the name of the State lands suitable for forest culture, reserves, watershed protection, State parks, scenic preserves, historic monuments, parkways, and State recreational reserves.

(d) The Department shall administer the Fund.

(e) (1) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

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

(f) The Fund consists of:

(1) Except as provided in § 5–307(f)(1)(iv) of this title, any money obtained from the State forest reserves, State parks, scenic reserves, parkways, historic monuments, and recreation areas;

(2) Revenue distributed to the Fund from fines collected under § 5–1302 of this title;

(3) Revenue received by the Fund under § 5–207(b) of this subtitle; and

(4) Any money transferred to the Fund under § 5–903(i)(3)(ii) of this title.

(g) (1) Subject to paragraphs (3) and (4) of this subsection, the Fund may be used only for:

(i) 1. Purchasing and managing in the name of the State lands suitable for forest culture, reserves, watershed protection, State parks, scenic preserves, historic monuments, parkways, and State recreational reserves; and

2. Helping to offset the costs to the Forest and Park Service for developing and implementing a forest health emergency contingency program under § 5–307 of this title;

(ii) Subject to paragraphs (2) and (4) of this subsection, payments to counties in the amount of:

1. If the State forest or park reserve comprises less than 10% of the total land area of the county, a sum equal to 15% of the revenue derived from the State forest or park reserve located in that county; and

2. If the State forest or park reserve comprises 10% or more of the total land area of the county, a sum equal to 25% of the revenue derived from the State forest or park reserve located in that county; and

(iii) Administrative costs calculated in accordance with § 1–103(b)(2) of this article.

(2) For fiscal years 2012, 2013, and 2015 only, the payments under paragraph (1)(ii) of this subsection shall be based only on the revenue derived from sales of timber.

(3) (i) From revenues described in subsection (f) of this section that are attributable to Maryland Park Service operations, less any amount of those revenues allocated for administrative costs in accordance with paragraph (1)(iii) of this subsection, the Governor shall include in the State budget an appropriation for the Maryland Park Service equal to 100% of the remaining revenues, for fiscal year 2018.

(ii) From revenues described in subsection (f) of this section that are attributable to Maryland Park Service operations, less any amount of those revenues allocated for administrative costs in accordance with paragraph (1)(iii) of this subsection, and less any prior year closing fund balance, for fiscal year 2019 and each fiscal year thereafter, the Governor shall include in the State budget an appropriation for the Maryland Park Service in an amount equal to 100% of the revenues from the second preceding fiscal year.

(4) A county may not receive a payment under paragraph (1)(ii) of this subsection in a fiscal year if the county receives a payment from the State under § 6.5–201 of the Tax – Property Article in the same fiscal year.

(h) (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 General Fund of the State.

(i) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Economic Development § 5-452 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-452
§5–452.
Status: in_force

There is a Linked Deposit Program in the Department.
Md. Code, Family Law § 5-507 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-507
§5–507.
Status: in_force

(a) Except as otherwise provided in this section, a person shall be licensed by the Administration as a child placement agency before the person may engage in the placement of minor children in homes or with individuals.

(b) A license is not required:

(1) for a person to place a child with an individual related to the child by blood or marriage within 4 degrees of consanguinity or affinity under the civil law rule;

(2) except as provided in § 5-3B-12 of this title, for a parent or grandparent of a child to place the child directly, without the intervention of any other person except the recipient of the child; or

(3) for a lawyer to prepare pleadings necessary to accomplish the adoption of a child or to perform any other function associated with the normal practice of law.
Md. Code, Corporations and Associations § 5-608 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

(a) The articles of incorporation of a cooperative shall contain:

(1) The name of the cooperative;

(2) The address of the principal office of the cooperative;

(3) The name and address of the resident agent of the cooperative;

(4) The name and address of each incorporator;

(5) The name and address of each director; and

(6) A statement that the articles are executed in accordance with this subtitle.

(b) The articles of incorporation of a cooperative may contain any provision that:

(1) Is consistent with this subtitle; and

(2) Is considered necessary or advisable for the conduct of the business of the cooperative.

(c) The articles of incorporation need not state the purpose for which the cooperative is organized or any of its corporate powers.

(d) The articles of incorporation shall be signed by each incorporator and acknowledged by at least two of the incorporators, or on their behalf, if they are cooperatives.
Md. Code, Family Law § 5-4B-12 — MD Code / Article gfl / Title 5 / Subtitle 4B / Section 5-4B-12
§5–4B–12.
Status: in_force

The Director shall adopt regulations to implement the provisions of this subtitle, including regulations concerning:

(1) the application process for search, contact, and reunion services;

(2) qualifications for a confidential intermediary;

(3) the agreement for search, contact, and reunion services executed by a confidential intermediary and an adopted individual, biological parent, or sibling; and

(4) the delivery and scope of search, contact, and reunion services.
Md. Code, Financial Institutions § 5-206 — MD Code / Article gfi / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) At least twice a year, the Commissioner shall ask every banking institution to submit a financial report that shows in detail the assets and liabilities of the institution as of the close of the business day that the Commissioner specifies.

(b) The Commissioner shall:

(1) Provide forms that conform as closely as practicable to the forms that the federal banking authorities use; or

(2) Accept from a banking institution a copy of a reasonably recent report that the institution submitted to a federal banking authority.

(c) (1) Within 30 days after a banking institution receives the request for a financial report, the institution shall submit the report.

(2) Each report shall be signed and verified by the president, vice president, cashier, or treasurer of the banking institution.

(d) Upon the written request of a banking institution, the Commissioner may permit the financial reports required by this section to be electronically submitted provided that:

(1) The appropriate federal banking authority has approved electronic submission of the report as satisfactory for its requirements;

(2) The report is submitted through a federally approved vendor; and

(3) The banking institution retains, for at least 2 years, a copy of the report, signed and verified by the president, vice president, cashier, or treasurer of the banking institution.
Md. Code, Family Law § 5-1301 — MD Code / Article gfl / Title 5 / Subtitle 13 / Section 5-1301
§5–1301.
Status: in_force

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

(b) “Abuse” has the meaning stated in § 5–701 of this title.

(c) “Administration” means the Social Services Administration of the Department.

(d) “Child” means any individual under the age of 18 years.

(e) “Indicated” has the meaning stated in § 5–701 of this title.

(f) “Kinship care” has the meaning stated in § 5–501 of this title.

(g) “Local department” has the meaning stated in § 1–101 of this article.

(h) “Neglect” has the meaning stated in § 5–701 of this title.

(i) “Out–of–home placement” means placement of a child into foster care, kinship care, group care, or residential treatment care.

(j) “Ruled out” has the meaning stated in § 5–701 of this title.

(k) “Secretary” means the Secretary of Human Services.

(l) “Unsubstantiated” has the meaning stated in § 5–701 of this title.
Md. Code, Housing and Community Development § 5-101 — MD Code / Article ghs / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Director” means the Director of the Office of Tenant and Landlord Affairs.

(c) “Office” means the Office of Tenant and Landlord Affairs.

(d) (1) “Tenant” means a residential tenant.

(2) “Tenant” includes:

(i) a subtenant;

(ii) a lessee;

(iii) a sublessee; and

(iv) any other individual, other than an owner, who is entitled to the possession or occupancy, or the benefits of possession or occupancy, of any residential rental unit in the State.
Md. Code, Courts and Judicial Proceedings § 5-1204 — MD Code / Article gcj / Title 5 / Subtitle 12 / Section 5-1204
§5–1204.
Status: in_force

This subtitle may not be construed to alter any licensing requirement under federal or Maryland law applicable to debt buyers or collectors.
Md. Code, Natural Resources § 5-1208 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1208
§5–1208.
Status: in_force

Prior to submitting any recommendations to the Governor with respect to the suitability of any area for preservation as wildland the Secretary shall:

(1) Give the public notice he deems appropriate of the proposed action, including publication in a newspaper having general circulation in the vicinity of the affected land;

(2) Announce and then hold a public hearing at a location convenient to the area affected. A hearing shall be announced by any means the Secretary deems appropriate, including notice in a newspaper of general circulation in the area but, if the lands involved are located in more than one county, the hearing shall be held in the county in which the greatest portion of the land lies; and

(3) At least 30 days before the date of a hearing, advise the governing board of each county in which the lands are located, and State departments and units concerned and invite these officials and State units to submit their views on the proposed action at the hearing or not later than 30 days following the date of the hearing. Any view submitted to the Secretary under the provisions of this section with respect to any area shall be included with any recommendations to the Governor and General Assembly with respect to that area.
Md. Code, State Government § 5-102 — MD Code / Article gsg / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) While in office, the Treasurer shall be covered by a surety bond or an insurance policy as required in this section.

(b) A surety bond under this section shall:

(1) run to the State;

(2) be in the amount that the Governor approves;

(3) be with a surety company that is authorized to do business in the State; and

(4) include provisions that secure the money of:

(i) the Injured Workers’ Insurance Fund;

(ii) the Subsequent Injury Fund; and

(iii) the Unemployment Insurance Administration Fund.

(c) (1) If the Governor believes that a surety bond under this section has or is likely to become invalid or insufficient, the Governor shall demand that the Treasurer obtain coverage under a new surety bond that meets the requirements of this section.

(2) Neglect or refusal to obtain the coverage within 20 days after the demand constitutes disqualification from office, as authorized in the Maryland Constitution.

(d) After execution and approval of a surety bond under this section, the surety bond shall be recorded in the office of the Clerk of the Supreme Court of Maryland.

(e) (1) The Governor, in consultation with the State Treasurer, shall determine the type and amount of coverage provided by an insurance policy purchased under subsection (a) of this section.

(2) The State Treasurer shall keep a record of any insurance policy procured for the purpose of meeting the requirements of subsection (a) of this section.
Md. Code, Agriculture § 5-207 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) Each pest control consultant, pest control applicator, or public agency applicator shall obtain an annual certificate indicating competence in one or more established categories from the Secretary. Each private applicator shall obtain a certificate which shall require periodic renewal as determined by the Secretary.

(b) Each application for a certificate by a pest control consultant or pest control applicator shall be accompanied by a $75 certificate fee plus $25 for each category in excess of one. Each application for a private applicator certificate shall be accompanied by a fee of $7.

(c) Each applicant for a pest control consultant certificate, pest control applicator certificate, or public agency applicator certificate shall demonstrate competence to consult on pest control or to apply pesticides safely in the State by passing a written examination prepared and administered by the Department. There shall be no charge for an initial examination, provided that each pest control applicator or each pest control consultant shall pay $10 for each examination retaken after the initial examination. Each applicant for a private applicator certificate shall pass an examination given by the Department. A private applicator certificate is valid for 3 years and may be renewed by the certificate holder by participation in training approved by the Department.

(d) Each certificate shall be renewed upon payment of the certificate fee and demonstration of satisfactory knowledge of pesticide use.

(e) Each place of business engaged in the business of conducting pest control shall obtain an annual license indicating the category of operation.

(f) Each place of business engaged in the business of pest control or pest control consulting shall pay to the Department an annual license fee of $150 and shall provide evidence of financial responsibility as required by the Department.

(g) Each license shall be renewed upon payment of the license fee and submission of proof of liability insurance.

(h) (1) A person who sells or distributes a restricted use pesticide shall hold a dealer permit from the Secretary.

(2) Each application for a dealer permit shall be accompanied by a $25 permit fee.

(3) Each dealer permit shall be renewed annually upon payment of the permit fee.

(i) A public agency that applies a pesticide shall hold an annual public agency permit from the Secretary.

(j) (1) Any person who operates a pest control business shall register annually with the Department each employee, other than a certified applicator, who offers or performs pest control at each business location.

(2) The application fee to register an employee initially is $30.

(3) The annual renewal fee to register an employee is $30.

(k) If an application for renewal of a license, certificate, or registration is received by the Department more than 30 days after the expiration of the license, certificate, or registration, the applicant is subject to a $30 late fee.
Md. Code, Insurance § 5-913 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-913
§5–913.
Status: in_force

(a) If the assuming insurer is not licensed, accredited, or certified to transact insurance or reinsurance in this State, the credit allowed by § 5–904(e) of this subtitle may not be allowed unless the assuming insurer agrees in the reinsurance contracts:

(1) that in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance contract, the assuming insurer, at the request of the ceding insurer, shall:

(i) submit to the jurisdiction of any court of competent jurisdiction in any state;

(ii) comply with all requirements necessary to give the court jurisdiction; and

(iii) abide by the final decision of the court or of any appellate court in case of an appeal; and

(2) to designate the Commissioner as its resident agent on whom any lawful process may be served in any action, suit, or proceeding instituted by or on behalf of the ceding insurer.

(b) Subsection (a) of this section is not intended to conflict with or override the obligation of the parties to a reinsurance contract to arbitrate their disputes, if this obligation is created in the reinsurance contract.

(c) If the assuming insurer does not meet the requirements of § 5–904(c) or (d) of this subtitle, the credit allowed by § 5–904(e) and (f) of this subtitle may not be allowed unless the assuming insurer agrees in the trust agreements to the following conditions:

(1) notwithstanding any other provision in the trust instrument, if the trust fund is inadequate because it contains an amount less than the amount required by § 5–907(j) of this subtitle, or if the grantor of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation, or similar proceedings under the laws of its state or country of domicile, the trustee shall comply with an order of the insurance regulatory agency with regulatory oversight over the trust or with an order of a court of competent jurisdiction directing the trustee to transfer to the insurance regulatory agency with regulatory oversight all of the assets of the trust fund;

(2) the assets shall be distributed by and claims shall be filed with and valued by the insurance regulatory agency with regulatory oversight over the trust in accordance with the laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic insurers;

(3) if the insurance regulatory agency with regulatory oversight over the trust determines that the assets of the trust fund or any part of the assets are not necessary to satisfy the claims of the United States ceding insurers of the grantor of the trust, the assets or part shall be returned by the insurance regulatory agency with regulatory oversight to the trustee for distribution in accordance with the trust agreement; and

(4) the grantor shall waive any right otherwise available to it under United States law that is inconsistent with this subsection.
Md. Code, Education § 5-207 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

If a final court judgment requires the State to include in the budget bill money to satisfy a judgment against the county board of education, the State may deduct that amount from any other State funds that would otherwise be paid to the county board of education under this subtitle in the following fiscal year.
Md. Code, State Finance and Procurement § 5A-338 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-338
§5A–338.
Status: in_force

The costs of archaeological work incurred in a State project on a site of archaeological or historical significance shall be as stated in § 7-114.1 of this article.
Md. Code, Economic Development § 5-2205 — MD Code / Article gec / Title 5 / Subtitle 22 / Section 5-2205
§5–2205.
Status: in_force

§5–2205. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 485 OF 2022 //

On or before January 1, 2029, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:

(1) the funds included in the State budget and appropriated for the Fund for each fiscal year during the life of the Program;

(2) the implementation of the Program by the Department, including an assessment of the effectiveness of the Program; and

(3) the overall performance of the Program and impacts of the Program on loan recipients.
Md. Code, General Provisions § 5-522 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-522
§5–522.
Status: in_force

If the Joint Ethics Committee, at any time during its consideration of any complaint or allegation summary or during any proceeding, finds that there are reasonable grounds to believe that a legislator may have committed a crime, the Joint Ethics Committee shall:

(1) refer the matter to an appropriate prosecuting authority; and

(2) provide any information or evidence to the prosecuting authority that the Joint Ethics Committee determines is appropriate.
Md. Code, Corporations and Associations § 5-102 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) (1) Except as permitted under subsection (b) of this section, a corporation may be a professional corporation under § 5–112 of this subtitle solely for the purpose of rendering professional services within a single profession.

(2) Except as provided in paragraph (3) of this subsection, a corporation that is eligible to be a professional corporation under this subtitle may not organize under any other corporate form permitted by this article.

(3) Paragraph (2) of this subsection does not apply to professional services rendered by:

(i) An architect;

(ii) A professional engineer;

(iii) A licensed real estate broker, licensed real estate salesperson, or licensed associate real estate broker; or

(iv) A veterinarian.

(b) A corporation may be a professional corporation under § 5–112 of this subtitle for the purpose of rendering the same, similar, or related professional services within 2 or more professions.
Md. Code, Family Law § 5-406 — MD Code / Article gfl / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

Each local department shall establish and administer an adoption subsidy program for eligible children.
Md. Code, Economic Development § 5-1601 — MD Code / Article gec / Title 5 / Subtitle 16 / Section 5-1601
§5–1601.
Status: in_force

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

(b) “Fund” means the Make Office Vacancies Extinct Matching Fund.

(c) “Program” means the Make Office Vacancies Extinct Program.
Md. Code, General Provisions § 5-861 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-861
§5–861.
Status: in_force

(a) In the enforcement of this part, the Chief Administrative Officer shall be subject to the direction and control of the Frederick County Ethics Commission and, unless otherwise specifically directed by the County Ethics Commission, may only:

(1) receive filings;

(2) maintain records;

(3) report violations; and

(4) perform other ministerial duties necessary to administer this part.

(b) (1) The affidavits and disclosures required under this part shall be filed in the appropriate case file of an application.

(2) The Chief Administrative Officer, at least twice each year, shall prepare a summary report compiling all affidavits and disclosures that have been filed in the application case files.

(3) All summary reports compiled under paragraph (2) of this subsection shall be available to members of the public on written request.

(4) All affidavits, disclosures, and accompanying documentation required under this part shall be in the form required by the Frederick County Ethics Commission.
Md. Code, Family Law § 5-3B-23 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-23
§5–3B–23.
Status: in_force

A court may not grant a petition under § 5-3B-22 of this subtitle solely because a parent:

(1) does not have legal custody of a prospective adoptee by reason of a divorce or legal separation; or

(2) has been deprived of custody of a prospective adoptee by an act of the other parent.
Md. Code, Economic Development § 5-455 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-455
§5–455.
Status: in_force

(a) To obtain fixed asset financing under this part, an eligible business shall apply to a lender for fixed asset financing.

(b) Fixed asset financing under this part may not exceed $500,000 for an eligible business.

(c) In addition to the information that the lender requires in its standard loan application, the applicant shall provide to the lender, in a form that the Authority prescribes:

(1) a certification, with supporting documentation, that the applicant is an eligible business; and

(2) a description of the number and kinds of jobs to be created or retained as a result of providing the linked deposit.
Md. Code, Corporations and Associations § 5-5A-08 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-08
§5–5A–08.
Status: in_force

(a) A cooperative may limit in its articles of incorporation the number of shares of stock that a person may hold.

(b) If a member desires to withdraw from a consumer cooperative or dispose of any or all of the member’s interest in the cooperative, the directors of the cooperative have the option to purchase that interest by paying the par value or book value, whichever is less, of any or all of the interest offered.

(c) If the cooperative fails, within 60 days of the original offer, to purchase all or any part of the interest offered, the member may sell the unpurchased interest to a purchaser who is eligible for membership in the cooperative.

(d) A consumer cooperative may provide in its articles of incorporation for a class of nonvoting capital stock or a class of nonstock voting membership.

(e) A consumer cooperative organized with voting stock may amend its articles of incorporation to provide for conversion of its voting stock at par value, to nonstock voting memberships. When that conversion occurs, voting stock shall convert to nonvoting capital stock of par value or, at the holder’s election, to a nonstock voting membership.

(f) A nonstock voting membership shall be continuing unless terminated by:

(1) A written request from the member; or

(2) The member’s failure to comply with the articles of incorporation or bylaws of the cooperative after receiving notice as required in the bylaws.
Md. Code, Economic Development § 5-419 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-419
§5–419.
Status: in_force

In accordance with § 2.5–109 of this article, the Authority shall submit a report on its condition and operations.
Md. Code, Family Law § 5-348 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-348
§5–348.
Status: in_force

(a) Subject to subsection (b) of this section, a juvenile court shall rule on the adoption petition under this Part IV of this subtitle promptly but no later than 180 days after the petition is filed.

(b) A juvenile court may not enter an order for adoption of a child under this Part IV of this subtitle before the later of:

(1) 30 days after the birth of the child; or

(2) 10 days after the notice is served under § 5-346 of this subtitle.
Md. Code, Public Safety § 5-314 — MD Code / Article gps / Title 5 / Subtitle 3 / Section 5-314
§5–314.
Status: in_force

(a) A person who holds a permit may not wear, carry, or transport a handgun while the person is under the influence of alcohol or drugs.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
Md. Code, Agriculture § 5-802 — MD Code / Article gag / Title 5 / Subtitle 8 / Section 5-802
§5–802.
Status: in_force

(a) The Secretary may conduct research to determine population trends or economic losses to agriculture caused by nuisance birds, and may develop and implement a plan of action for their control.

(b) The Secretary may demonstrate procedures or render technical assistance for the management of any nuisance birds.

(c) Any actions taken by the Secretary will be performed so as to protect human life, domestic animals, and other wildlife.

(d) The Secretary shall adopt means and methods of control of nuisance birds.
Md. Code, Transportation § 5-813 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-813
§5–813.
Status: reserved

(a) The legislative body of a political subdivision may provide for a board of appeals with the power:

(1) To hear and decide appeals in all cases in which it is alleged that there is error in any decision of the political subdivision or its administrative agency in the enforcement of this part or of any ordinance or other legislation adopted under this part; and

(2) To hear, decide, and, in proper cases, grant specific variances from noise zone regulations adopted under this part, subject to § 5-815 of this subtitle.

(b) A zoning board of appeals of the political subdivision may be designated as the board of appeals. In all other cases, subsection (c) of this section applies.

(c) (1) Except as provided in subsection (b) of this section, the board of appeals shall consist of five appointed members.

(2) Each member of the board of appeals serves for a term of 4 years and until his successor is appointed and qualifies. However, of the original appointees, one is to serve a 1-year term, one is to serve a 2-year term, one is to serve a 3-year term, and two are to serve a 4-year term.

(3) On written charges and after a public hearing, the respective appointing authority may remove any member of the board of appeals for cause.

(4) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.

(d) (1) The board of appeals shall adopt rules and regulations in accordance with any ordinance adopted under this subtitle.

(2) Meetings of the board shall be held at the call of the chairman and at any other time that the board determines. All meetings of the board shall be open to the public.

(3) The board shall keep minutes of its proceedings, showing the absence, vote, or failure to vote of each member on each question, and records of its examinations and other official actions. These minutes and records shall be filed immediately in the office of the board and shall be a public record.

(e) (1) At a meeting of the board of appeals, the chairman or, in his absence, the acting chairman may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of papers, books, and documents.

(2) If a person fails to comply with any subpoena or order issued under this subsection, the chairman or acting chairman may invoke the aid of a court of competent jurisdiction. The court may order that person to obey the subpoena or order or to give evidence about the matter in question.

(f) The concurring vote of a majority of the members of the board is sufficient to exercise any of its powers under this part.
Md. Code, General Provisions § 5-838 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-838
§5–838.
Status: in_force

(a) In the enforcement of this part, the clerk of the County Council shall be subject to the direction and control of the Ethics Commission or its Executive Director and, unless otherwise specifically directed by the Ethics Commission or its Executive Director, may only:

(1) receive filings;

(2) maintain records;

(3) report violations; and

(4) perform other ministerial duties necessary to administer this part.

(b) Notwithstanding any other provision of this part, as to a corporation listed on a national stock exchange or regulated by the Securities and Exchange Commission, and any subsidiary of the corporation, the following requirements apply if the filing of an affidavit is otherwise required under this part:

(1) a director or an officer in the corporation or any of its subsidiaries, or a stockholder who has at least a 5% interest in the corporation or any of its subsidiaries, is required to file an affidavit only if the individual has made a payment to the treasurer of a candidate or continuing political committee, or if the individual has solicited anyone to make a payment to the treasurer of a candidate or continuing political committee; and

(2) the corporation or its subsidiary shall file a corporate affidavit stating:

(i) 1. that the corporation has not made or solicited a payment to the treasurer of a candidate or continuing political committee; or

2. if such a payment was made, the name of the member to whose treasurer or continuing political committee the payment was made; and

(ii) that all directors, officers, and stockholders with at least a 5% interest have been notified of the disclosure requirements of item (1) of this subsection.

(c) (1) The affidavits and disclosures required under this part shall be filed in the appropriate case file of an application.

(2) The clerk of the County Council, at least twice each year, shall prepare a summary report compiling all affidavits and disclosures that have been filed in the application case files.

(3) All summary reports compiled under paragraph (2) of this subsection shall be available to members of the public on written request.

(4) All affidavits, disclosures, and accompanying documentation required under this part shall be in the form required by the Ethics Commission.
Md. Code, Agriculture § 5-211 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-211
§5–211.
Status: in_force

(a) Notwithstanding any other provision of this article, any person who violates any provision of this subtitle is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $1,000, or imprisonment not exceeding 60 days, or both, with costs imposed in the discretion of the court.

(b) Instead of or in addition to any other penalty provided for in this section, the court may award indemnification to any person who has contracted with the defendant and who has suffered financial injury or damages as a result of the violation of any provision of this subtitle.

(c) The amount of any indemnification awarded under subsection (b) of this section shall be limited to the actual amount paid for the services by the injured party.

(d) Nothing in subsection (b) of this section shall abrogate the right of any person to bring an action for civil damages for violations of this subtitle.
Md. Code, Business Regulation § 5-502 — MD Code / Article gbr / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

(a) An alley, canal, road, or other public thoroughfare may not be opened through property of a cemetery if that property is used or to be used for burial.

(b) This section does not authorize a registered cemeterian, permit holder, or other person to obstruct:

(1) a public road in use when the cemetery is formed; or

(2) the site of a future public road that, when the cemetery is formed, is shown on a plat made by authority of the State, a county, or a municipal corporation.
Md. Code, Family Law § 5-1016 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1016
§5–1016.
Status: in_force

(a) (1) Before or after the filing of a complaint, the alleged father may propose a settlement concerning the child’s support whether the alleged father admits or denies paternity.

(2) The proposed contribution may be in a lump sum, installments, or otherwise.

(b) A settlement agreement shall be prepared, executed, and submitted to the court for approval if:

(1) the complainant agrees to accept the settlement;

(2) the attorney for the Administration is satisfied that the amount and terms of the settlement are fair and reasonable;

(3) the complainant has been advised properly regarding the contents of the settlement; and

(4) the complainant is competent to accept the settlement.

(c) If the court approves the settlement agreement, the terms of the agreement shall be incorporated in a court order.

(d) A court order incorporating a settlement agreement is as enforceable as any order that is passed after a hearing.
Md. Code, Criminal Law § 5-1101 — MD Code / Article gcr / Title 5 / Subtitle 11 / Section 5-1101
§5–1101.
Status: in_force

This title may be cited as the “Maryland Controlled Dangerous Substances Act”.
Md. Code, Human Services § 5-5B-06 — MD Code / Article ghu / Title 5 / Subtitle 5B / Section 5-5B-06
§5–5B–06.
Status: in_force

(a) In determining whether an applicant qualifies for assistance under this subtitle, the local department shall evaluate whether the applicant meets the criteria listed under § 5–5B–03 of this subtitle.

(b) The local department shall notify the applicant of its determination under subsection (a) of this section.
Md. Code, Health Occupations § 5-205 — MD Code / Article gho / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) In addition to the powers set forth elsewhere in this subtitle, the Board may:

(1) Adopt regulations to carry out the provisions of this subtitle;

(2) Sue to enforce any provision of this subtitle by injunction; and

(3) Issue subpoenas, summon witnesses, administer oaths, take affidavits, and take testimony about matters that relate to the jurisdiction of the Board.

(b) In addition to the duties set forth elsewhere in this subtitle, the Board shall:

(1) Keep a list of all dietitian–nutritionists who are currently licensed;

(2) Keep a record of its proceedings;

(3) Submit an annual report of its transactions for the previous fiscal year to the Governor by September 30 of each year; and

(4) Investigate an alleged violation of this title.
Md. Code, Public Utilities § 5-407 — MD Code / Article gpu / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

(a) A railroad company and the municipal corporation, public officer, or public authority that owns or has control of any road, street, alley, or other public way or ground necessary to locate any part of the railroad may agree on the manner, terms, and conditions allowing the railroad company to use or occupy the road, street, alley, or other public way or ground.

(b) If the parties are unable to agree and the railroad company needs to use or occupy the road, street, alley, or other public way or ground, the railroad company may acquire the property by condemnation in accordance with Title 12 of the Real Property Article.

(c) (1) A railroad company that lays track on any public street, road, alley, or other public way or ground is responsible for any damage done by the location of the track to private property on or near the public way or ground.

(2) The owner of the private property shall bring a civil action for damages under this subsection within 2 years after the completion of the track.

(d) A railroad company may not pass through Baltimore City without the consent of the Mayor and City Council.
Md. Code, Agriculture § 5-209 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-209
§5–209.
Status: in_force

(a) In this section, “general use pesticide” means a pesticide that is not a restricted use pesticide.

(b) Each commercial application of a general use pesticide shall be done:

(1) By:

(i) A certified pest control applicator; or

(ii) A certified public agency applicator; or

(2) Under the supervision of:

(i) A certified pest control applicator; or

(ii) A certified public agency applicator.

(c) Each commercial application of a restricted use pesticide shall be done by:

(1) A certified pest control applicator; or

(2) A certified public agency applicator.

(d) (1) Each private application of a restricted use pesticide shall be done by:

(i) A certified private applicator; or

(ii) Subject to paragraph (2) of this subsection, an individual working under the direct supervision of a certified private applicator who is certified in the specific category of application being utilized by the individual.

(2) A certified private applicator shall ensure that all of the requirements set forth in 40 C.F.R. § 171.201(b)(3) are met before allowing a noncertified individual to use a restricted use pesticide under the certified applicator’s direct supervision.

(e) (1) Certified pesticide control applicators and public agency applicators are responsible and liable for the application of general use pesticides and restricted use pesticides.

(2) Certified private applicators are responsible and liable for the application of restricted use pesticides.
Md. Code, Criminal Law § 5-902 — MD Code / Article gcr / Title 5 / Subtitle 9 / Section 5-902
§5–902.
Status: in_force

(a) Except as otherwise authorized by this title, a person may not:

(1) omit, remove, alter, or obliterate a symbol required by federal law for a substance governed by this title;

(2) refuse or fail to make, keep, or furnish a record, notification, order form, statement, invoice, or information required under this title;

(3) refuse entry into a premises or inspection, if the entry or inspection is authorized under this title; or

(4) as a registrant or other authorized person under this title, keep or maintain a store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place that is:

(i) resorted to by persons using a controlled dangerous substance in violation of this title for the purpose of using a controlled dangerous substance; or

(ii) used for keeping or selling a controlled dangerous substance in violation of this title.

(b) Unless authorized by the registrant’s registration, a registrant may not manufacture, distribute, or dispense a controlled dangerous substance to another registrant or other authorized person.

(c) An authorized provider may not prescribe, administer, manufacture, distribute, dispense, or possess a controlled dangerous substance, drug paraphernalia, or controlled paraphernalia except:

(1) in the course of regular professional duties; and

(2) in conformity with this title and the standards of the authorized provider’s profession relating to controlled dangerous substances, drug paraphernalia, or controlled paraphernalia.

(d) A controlled dangerous substance, drug paraphernalia, or controlled paraphernalia manufactured, distributed, dispensed, possessed, prescribed, or administered in violation of subsection (c) of this section is contraband.

(e) (1) If the trier of fact specifically finds that a person has knowingly or intentionally violated this section, the person is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $100,000 or both.

(2) In all other cases, a person who violates this section is subject to a civil penalty not exceeding $50,000.
Md. Code, Corporations and Associations § 5-6A-01 — MD Code / Article gca / Title 5 / Subtitle 6A / Section 5-6A-01
§5–6A–01.
Status: in_force

(a) Cooperative, nonprofit, membership corporations may be organized to supply, promote, and extend the use of transportation services.

(b) Each cooperative organized under this section shall be organized and governed by the provisions of Subtitle 2, “Nonstock Corporations”, of this title.

(c) A cooperative organized under this section may use the term “cooperative” as part of its corporate name.
Md. Code, Human Services § 5-301 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

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

(b) “Community service” means a structured program with embedded activities in which individuals perform unpaid work:

(1) for the direct benefit of the community; and

(2) under the guidance and support of a public or nonprofit organization.

(c) “FIP” means the Family Investment Program.

(d) “Nonprofit organization” means a religious, charitable, or volunteer organization that is exempt from taxation under § 501(c) of the Internal Revenue Code.

(e) “Recipient” means each individual in a FIP case.

(f) “Temporary cash assistance” means the cash assistance component of the FIP that is funded wholly or partly through Title IV, Part A, of the Social Security Act.

(g) “Third party payee” means:

(1) an individual that the Department approves;

(2) a nonprofit organization;

(3) a for–profit organization; or

(4) a governmental unit, including a local department.

(h) “Transitional assistance” means assistance provided to a recipient whose temporary cash assistance has been terminated for noncompliance with FIP requirements.

(i) “Work activity” means:

(1) job search activity;

(2) subsidized employment in either the public or private sector;

(3) work experience;

(4) on–the–job training;

(5) community service;

(6) training directly related to employment; or

(7) education directly related to employment.

(j) “Work experience” means unpaid work activity, performed in return for temporary cash assistance, that provides an individual with an opportunity to acquire the general skills, knowledge, and work habits necessary to obtain employment.
Md. Code, Economic Development § 5-427 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-427
§5–427.
Status: in_force

(a) The Authority shall send a written request to the Board of Public Works for additional money if:

(1) the Authority and the Secretary find that more money is needed to keep the reserves of the Fund at an adequate level; and

(2) the Secretary consents to the request.

(b) The Board of Public Works may disburse the requested amount from the General Emergency Fund.
Md. Code, Economic Development § 5-343 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-343
§5–343.
Status: in_force

In making child care special loans, the Department shall consider:

(1) community need;

(2) community income, with priority given to those communities with the lowest median family income;

(3) care for children with teenage parents in school or training;

(4) care for children with special needs; and

(5) infant care.
Md. Code, General Provisions § 5-711 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-711
§5–711.
Status: in_force

This subtitle does not require the disclosure by a regulated lobbyist of any gift to the regulated lobbyist’s immediate family if the gift is:

(1) purely personal and private in nature and not related to the regulated lobbyist’s lobbying activities; and

(2) from the regulated lobbyist’s personal funds and not attributable to any other entity.
Md. Code, Courts and Judicial Proceedings § 5-724 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-724
§5–724.
Status: in_force

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

(b) A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
Md. Code, Family Law § 5-1015 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1015
§5–1015.
Status: in_force

Process under this subtitle shall be served or executed in the way provided by law or rule of court for service on a person who is not under a legal disability.
Md. Code, Natural Resources § 5-1404 — MD Code / Article gnr / Title 5 / Subtitle 14 / Section 5-1404
§5–1404.
Status: in_force

(a) A person may not remove, disfigure, kill, harm, disturb, keep, restrain, or in any manner alter the natural condition or environment of any cave life.

(b) Notwithstanding the provisions of subsection (a) of this section, scientific collecting permits may be obtained from the Secretary.

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air, water, insects, bats, and aquatic fauna.

(d) A person who violates 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 15 days nor more than 6 months.
Md. Code, Family Law § 5-558 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-558
§5–558.
Status: in_force

On or before August 15, 1986, the Secretary shall:

(1) provide for the adoption of a specified form or forms to be used in applying for the criminal history records check to be issued by the Department, including an appropriate disclosure statement;

(2) designate the appropriate State or local law enforcement offices in the State, or other approved locations, where fingerprints may be obtained and application for a criminal history records check may be made; and

(3) adopt rules and regulations necessary and reasonable to administer this Part V of this subtitle.
Md. Code, Financial Institutions § 5-301 — MD Code / Article gfi / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

Any banking institution may offer time account services to its customers.
Md. Code, Family Law § 5-412 — MD Code / Article gfl / Title 5 / Subtitle 4 / Section 5-412
§5–412.
Status: in_force

The Director of the Administration shall adopt regulations to carry out the provisions of this subtitle.
Md. Code, Family Law § 5-353 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-353
§5–353.
Status: in_force

If a petition to invalidate an order for adoption under this Part IV of this subtitle on the basis of a jurisdictional or procedural defect is filed more than 1 year after entry of the order, a juvenile court shall dismiss the petition.
Md. Code, Economic Development § 5-2111 — MD Code / Article gec / Title 5 / Subtitle 21 / Section 5-2111
§5–2111.
Status: in_force

The Advisory Commission shall issue a report each year to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Economic Matters Committee on the Advisory Commission’s findings and recommendations.
Md. Code, Public Safety § 5-405 — MD Code / Article gps / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

(a) The Board shall:

(1) compile and maintain a handgun roster of authorized handguns that are useful for legitimate sporting, self-protection, or law enforcement purposes;

(2) annually publish the handgun roster in the Maryland Register; and

(3) semiannually send a copy of the handgun roster to all persons who hold a State regulated firearm dealer’s license under Subtitle 1 of this title.

(b) The Board shall consider carefully each of the following characteristics of a handgun without placing undue weight on any one characteristic in determining whether any handgun should be placed on the handgun roster:

(1) concealability;

(2) ballistic accuracy;

(3) weight;

(4) quality of materials;

(5) quality of manufacture;

(6) reliability as to safety;

(7) caliber;

(8) detectability by the standard security equipment that is commonly used at an airport or courthouse and that is approved by the Federal Aviation Administration for use at airports in the United States; and

(9) utility for legitimate sporting activities, self-protection, or law enforcement.

(c) (1) The Board may place a handgun on the handgun roster on its own initiative.

(2) The Board shall place a handgun on the handgun roster on the successful petition of any person subject to subsections (d) and (e) of this section, unless a court, after all appeals are exhausted, has made a finding that the decision of the Board shall be affirmed.

(3) A petition to place a handgun on the handgun roster shall be submitted to the Board in writing in the form and manner that the Board requires.

(4) A person who petitions for placement of a handgun on the handgun roster has the burden of proving to the Board that the handgun should be placed on the handgun roster.

(d) (1) Within 45 days after receipt of a petition to place a handgun on the handgun roster, the Board shall:

(i) deny the petition in writing, stating the reasons for denial; or

(ii) approve the petition and publish a description of the handgun in the Maryland Register, including notice that any objection to the handgun’s inclusion on the handgun roster shall be filed with the Board within 30 days.

(2) If the Board fails to deny or approve a petition within the time required under paragraph (1) of this subsection, the petition shall be considered denied.

(e) (1) If the Board denies a petition to place a handgun on the handgun roster, the Board shall notify the petitioner by certified mail, return receipt requested.

(2) The petitioner may request a hearing within 15 days after the date that the Board’s denial letter is received.

(3) (i) If the petitioner requests a hearing under paragraph (2) of this subsection, within a reasonable time not to exceed 90 days after receiving the request, the Board shall:

1. hold a hearing on the petition; and

2. issue a written final decision on the petition.

(ii) The Board shall provide notice of the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(iii) At a hearing held under this paragraph, the petitioner has the burden of proving to the Board that the handgun should be placed on the handgun roster because the handgun is useful for legitimate sporting activities, self-protection, or law enforcement purposes.

(4) Any party of record who is aggrieved may appeal within 30 days after a final decision of the Board in accordance with Title 10, Subtitle 2 of the State Government Article.

(f) This section does not require the Board to test any handgun or have any handgun tested at the expense of the Board.
Md. Code, State Finance and Procurement § 5-608 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

The Plan shall contain a statement of the objectives, standards, and principles sought to be expressed in the Plan.
Md. Code, Transportation § 5-215 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-215
§5–215.
Status: in_force

The Administration may make available its engineering and other technical services, with or without charge, to any person for the planning, acquisition, construction, improvement, or operation of an airport, airport facility, or air navigation facility.
Md. Code, Corporations and Associations § 5-503 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) A cooperative may be organized by:

(1) Five or more adult individuals acting as incorporators, at least two of whom are residents of the State and each of whom is engaged in:

(i) The production of agricultural products as a farmer, planter, rancher, dairyman, bee keeper, or nut or fruit grower; or

(ii) The catching, taking, harvesting, cultivating, farming, propagating, processing, marketing, or distributing of fishery products, including fish, shellfish, crustacea, seaweed, and other aquatic forms of animal and vegetable life or their products or by-products; or

(2) Two or more cooperatives acting as incorporators.

(b) The cooperative may be organized with or without capital stock for any of the purposes enumerated in this subtitle.
Md. Code, Labor and Employment § 5-212 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-212
§5–212.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, if after an inspection or investigation, the Commissioner or authorized representative of the Commissioner is of the opinion that an employer has violated a duty under this title or an order passed under this title or an occupational safety and health standard or other regulation adopted to carry out this title, the Commissioner or authorized representative shall issue a citation to the employer with reasonable promptness, not to exceed the earlier of 90 days from the date of the closing conference on the inspection or investigation or 6 months from the occurrence of the violation.

(2) If the incident investigated by the Commissioner involves a fatality or serious physical harm, the Commissioner shall issue a citation with reasonable promptness, not to exceed 6 months from occurrence of the violation.

(3) If an employer to whom a citation is issued is a unit of the State government, the Commissioner or authorized representative shall send a copy of the citation to the secretary of the principal department to which the unit is assigned or, if the unit is not part of a principal department, the head of the unit.

(4) If an employer to whom a citation is issued is a public body other than a unit of the State government, the Commissioner or authorized representative shall send a copy of the citation to the chief executive officer of the public body and any legislative body that has oversight of the public body.

(b) Each citation under this section shall:

(1) be in writing;

(2) describe, with particularity, the nature of the alleged violation;

(3) reference the provision of this title, order, or occupational safety and health standard or other regulation that the employer is alleged to have violated; and

(4) set a reasonable period for abatement and correction of the alleged violation.

(c) (1) In accordance with any regulation that the Commissioner adopts to carry out this title, an employer who is issued a citation shall post the citation or a copy of it conspicuously at or near each place where the citation alleges a violation occurred.

(2) In addition to the posting requirement under paragraph (1) of this subsection, a public body that is issued a citation shall make available a copy of the citation to all affected employees.

(d) The Commissioner may establish, by regulation, procedures for issuance of a notice instead of a citation for a de minimis violation that has no direct or immediate relationship to safety or health.
Md. Code, Labor and Employment § 5-502 — MD Code / Article gle / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

This subtitle does not apply to an employer with fewer than 6 employees.
Md. Code, Tax - General § 5-105 — MD Code / Article gtg / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

(a) Except as provided in subsection (d) of this section, the alcoholic beverage tax rate for distilled spirits is:

(1) $1.50 for each gallon or 39.63 cents for each liter; and

(2) if distilled spirits contain a percentage of alcohol greater than 100 proof, an additional tax, for each 1 proof over 100 proof, of 1.5 cents for each gallon or 0.3963 cents for each liter.

(b) Except as provided in subsection (d) of this section, the alcoholic beverage tax rate for wine is 40 cents for each gallon or 10.57 cents for each liter.

(c) Except as provided in subsection (d) of this section, the alcoholic beverage tax rate on beer and mead is 9 cents for each gallon or 2.3778 cents for each liter.

(d) The tax imposed under § 5–102(b) of this subtitle shall equal the amount that the discriminating jurisdiction charges a Maryland licensee or permit holder.
Md. Code, Courts and Judicial Proceedings § 5-1007 — MD Code / Article gcj / Title 5 / Subtitle 10 / Section 5-1007
§5–1007.
Status: in_force

Notwithstanding any other provision of law, in a civil action filed by a prisoner that is an appeal on the record, the court is not required to hold a hearing if it determines that a hearing is not necessary for the disposition of the matter.
Md. Code, Public Safety § 5-406 — MD Code / Article gps / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

(a) (1) Except as provided in § 5–402 of this subtitle, a person may not manufacture for distribution or sale a handgun that is not included on the handgun roster in the State.

(2) A person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster.

(3) A person may not manufacture, sell, or offer for sale a handgun on which the manufacturer’s identification mark or number is obliterated, removed, changed, or otherwise altered.

(b) The Secretary may seek an order from a circuit court to permanently or temporarily enjoin the willful and continuous manufacture, sale, or offer for sale, in violation of this section, of a handgun that is not included on the handgun roster.

(c) (1) A person who manufactures a handgun for distribution or sale in violation of 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 for each violation.

(2) A person who sells or offers to sell a handgun in violation of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $2,500 or both for each violation.

(3) For purposes of this subsection, each handgun manufactured, sold, or offered for sale in violation of this section is a separate violation.
Md. Code, General Provisions § 5-705 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

(a) (1) A regulated lobbyist shall file electronically with the Ethics Commission, under oath and for each registration, a separate report concerning the regulated lobbyist’s lobbying activities:

(i) by May 31 of each year, to cover the period from November 1 of the previous year through April 30 of the current year; and

(ii) by November 30 of each year, to cover the period from May 1 through October 31 of that year.

(2) If the regulated lobbyist is not an individual, an authorized officer or agent of the regulated lobbyist shall sign the report.

(3) If a prorated amount is reported as compensation, it shall be labeled as prorated.

(b) A report required by this section shall include:

(1) a complete, current statement of the information required under § 5–704(b) of this subtitle;

(2) total expenditures in connection with influencing executive action or legislative action in each of the following categories:

(i) total individual regulated lobbyist compensation, excluding expenses reported under this paragraph;

(ii) office expenses of the regulated lobbyist;

(iii) professional and technical research and assistance;

(iv) publications that expressly encourage communication with one or more officials or employees;

(v) witnesses, including the name of each and the fees and expenses paid to each;

(vi) except as otherwise reported under this paragraph, meals and beverages for officials, employees, or members of the immediate families of officials or employees;

(vii) except as provided in § 5–709(d)(2) of this subtitle, food, beverages, and incidental expenses for officials of the Legislative Branch for meals and receptions to which all members of any legislative unit were invited;

(viii) food and beverages for members of the General Assembly at the times and geographic locations of meetings of legislative organizations, as allowed under § 5–505(c)(2)(i)4 of this title;

(ix) food, lodging, and scheduled entertainment for officials and employees at meetings at which the officials and employees were scheduled speakers or scheduled panel participants;

(x) tickets and free admission extended to members of the General Assembly, as a courtesy or ceremony to the office, to attend charitable, cultural, or political events sponsored or conducted by the reporting entity, as allowed under § 5–505(c)(2)(viii) of this title;

(xi) other gifts to or for officials, employees, or members of the immediate families of officials or employees; and

(xii) other expenses; and

(3) as to expenditures reported in item (2)(vii), (viii), (ix), and (x) of this subsection, the date, location, and total expense of the regulated lobbyist for each meal, reception, event, or meeting.

(c) (1) Except as provided in paragraph (2) of this subsection, a report required under this section also shall include the name of each official, employee, or member of the immediate family of an official or employee who has benefited from one or more gifts with a cumulative value of $75 during the reporting period from the regulated lobbyist, regardless of whether the gift:

(i) is attributable to more than one entity; or

(ii) was given in connection with lobbying activity.

(2) The following gifts need not be allocated to individual recipients and reported by name:

(i) gifts reported under subsection (b)(2)(vii) and (viii) of this section;

(ii) gifts reported under subsection (b)(2)(ix) of this section with a value of $200 or less; and

(iii) gifts reported under subsection (b)(2)(x) of this section, unless the recipient received from the regulated lobbyist during the reporting period two or more such gifts with a cumulative value of at least $100.

(d) (1) This subsection applies only to a regulated lobbyist, other than an individual, that is organized and operated for the primary purpose of attempting to influence legislative action or executive action.

(2) In addition to the other reports required under this section, a regulated lobbyist shall report the name and permanent address of each entity that provided at least 5% of the regulated lobbyist’s total receipts during the preceding 12 months.

(3) For the purpose of the reporting and registration requirements of this subtitle, receipts of a regulated lobbyist include funds spent on the regulated lobbyist’s behalf, at its direction, or in its name.
Md. Code, Financial Institutions § 5-910 — MD Code / Article gfi / Title 5 / Subtitle 9 / Section 5-910
§5–910.
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, Agriculture § 5-801 — MD Code / Article gag / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

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

(b) “Cooperator” means any person or federal, State or local government agency.

(c) “Nuisance birds” means red-winged blackbirds (Agelaius phoeniceus), common grackles (Quiscalus quiscula), brown-headed cowbirds (Molothrus ater), starlings (Sturnus vulgaris), the monk parakeet (Myiopsitta monachus), and exotic species as determined by the Secretary when causing or about to cause economic losses to agriculture in the State.
Md. Code, General Provisions § 5-303 — MD Code / Article ggp / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

(a) Each advisory opinion shall be:

(1) in writing; and

(2) published in the Maryland Register, subject to subsection (b) of this section.

(b) (1) Except as provided in §§ 5–501.1 and 5–502(f) of this title, before an advisory opinion may be made public, the advisory body shall delete:

(i) the name of the entity that is the subject of the opinion; and

(ii) to the fullest extent possible, any other information that may identify the entity.

(2) The identity of the entity that is the subject of the opinion may not be revealed.
Md. Code, Health - General § 5-1004 — MD Code / Article ghg / Title 5 / Subtitle 10 / Section 5-1004
§5–1004.
Status: in_force

A person shall have the immunity from liability under § 5–637 of the Courts Article for any action as a member of the State team or for giving information to, participating in, or contributing to the function of the State team.
Md. Code, State Finance and Procurement § 5A-345 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-345
§5A–345.
Status: in_force

(a) The provisions of this subtitle that protect property on land under State control if it is submerged archaeological historic property, terrestrial archaeological historic property, or archaeological historic property in a cave may apply to similar historic property on privately owned land if:

(1) the owner asks the Trust in writing to apply the provisions to the property; and

(2) the Trust determines that the property is eligible for the Maryland Register of Historic Properties and deserves protection.

(b) Unless the State controls privately owned land by rights under a lease, option contract, or purchase contract, this subtitle does not:

(1) limit the use of the land by the owner or the owner’s guest; or

(2) require the owner or guest to hold a permit before conducting any activity on the land.
Md. Code, Corporations and Associations § 5-6C-03 — MD Code / Article gca / Title 5 / Subtitle 6C / Section 5-6C-03
§5–6C–03.
Status: in_force

(a) A corporation may elect to be a benefit corporation under this subtitle by amending or including in the charter of the corporation a statement that the corporation is a benefit corporation.

(b) An amendment described in subsection (a) of this section shall be approved in accordance with Title 2, Subtitle 6 of this article.

(c) The name of a domestic benefit corporation or a foreign benefit corporation authorized to transact business in the State must comply with Title 1, Subtitle 5 of this article.
Md. Code, Land Use § 5-204 — MD Code / Article glu / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) A planning commission may provide in the subdivision regulations or practice for tentative approval of a plat before completion of improvements or installation of utilities.

(b) Tentative approval of a plat shall be revocable and may not be indicated on the plat.

(c) (1) Instead of requiring the completion of improvements and installation of utilities before the final approval of a plat, a planning commission may accept security approved by the local jurisdiction to secure the construction of improvements and installation of utilities.

(2) Forms of security accepted by a planning commission under paragraph (1) of this subsection:

(i) shall specify the time for completion and specifications set by or in accordance with the subdivision regulations of the planning commission;

(ii) may include a bond with surety, an irrevocable letter of credit, or any other form of security approved by the local jurisdiction; and

(iii) may be enforced by any appropriate legal or equitable remedy.
Md. Code, Family Law § 5-1204 — MD Code / Article gfl / Title 5 / Subtitle 12 / Section 5-1204
§5–1204.
Status: in_force

Subject to the availability of funds, the Governor shall include in the State budget for fiscal year 2002 and all succeeding fiscal years sufficient funds to ensure that:

(1) each at-risk parent receives substance abuse treatment when the at-risk parent indicates a desire to enter substance abuse treatment or as soon thereafter as possible; and

(2) each child of an at-risk parent receives necessary treatment to remediate the harm caused by the parent’s substance abuse.
Md. Code, Business Regulation § 5-302 — MD Code / Article gbr / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) In order to register, an applicant shall meet the requirements of this section.

(b) The applicant must be at least 18 years old.

(c) The applicant must be of good character and reputation.

(d) The applicant must be affiliated with a cemetery, crematory, reduction facility, or burial goods business operated by a registrant or permit holder.

(e) The cemetery, crematory, reduction facility, or burial goods business with which the applicant is affiliated must be financially stable in accordance with § 5–304 of this subtitle.
Md. Code, Economic Development § 5-459 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-459
§5–459.
Status: in_force

On receiving linked deposit approval from the Authority, the lender shall issue a loan commitment to the applicant that provides that the interest rate on the financing will be below the prevailing market rate to the same extent and for as long as interest earned on the linked deposit is below interest earned on other equivalent deposits with the lender at the time of the deposit.
Md. Code, Education § 5-221 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-221
§5–221.
Status: in_force

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

(b) “Local share” means the county program amount for each county minus the result calculated under subsection (c)(1) of this section for each county rounded to the nearest whole dollar.

(c) (1) Except as provided in paragraph (2) of this subsection, “State share” means, for each county, rounded to the nearest whole dollar, the greater of the following calculations multiplied by 0.5:

(i) 1. Multiply the per pupil amount by the county’s enrollment applicable under § 5–222, § 5–223, § 5–224, § 5–225, or § 5–226 of this subtitle;

2. Divide the result calculated under item 1 of this item by the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per pupil; and

3. Multiply the result calculated under item 2 of this item by the result, rounded to seven decimal places, that results from dividing the total program amount by the sum of all of the results calculated under item 2 of this item for all counties; or

(ii) The result obtained by multiplying the per pupil amount by the county’s enrollment applicable under § 5–222, § 5–224, or § 5–225 of this subtitle and by 0.8.

(2) For the concentration of poverty per pupil grant under § 5–223 of this subtitle and for transitional supplemental instruction under § 5–226 of this subtitle, “State share” means the calculation under paragraph (1)(i) of this subsection.

(d) (1) Except as provided in paragraph (2) of this subsection, “county program amount” means, for each county, the product of the per pupil amount and the county enrollment applicable under § 5–222, § 5–223, § 5–224, § 5–225, or § 5–226 of this subtitle.

(2) For the per pupil grant in the concentration of poverty program, “county program amount” has the same meaning as “per pupil grant amount” defined under § 5–223 of this subtitle.

(e) “Total program amount” means the sum of the county program amount for each county applicable under § 5–222, § 5–223, § 5–224, § 5–225, or § 5–226 of this subtitle.
Md. Code, State Finance and Procurement § 5A-403 — MD Code / Article gsf / Title 5A / Subtitle 4 / Section 5A-403
§5A–403.
Status: in_force

(a) There is a Barn Preservation Fund in the Department of Planning.

(b) The Fund shall be used to make grants to preserve historic barns and agricultural structures in the State.

(c) The Fund consists of:

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

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

(d) To apply for a grant, an applicant shall submit to the Committee an application in the form that the Committee requires.

(e) On a recommendation from the Committee, the Board of Public Works shall approve expenditures from the Fund in the form of grants to preserve historic barns and agricultural structures.

(f) In recommending grants under this subtitle, the Committee shall consider:

(1) any historic building features;

(2) important examples of historic agricultural building types;

(3) the productive long–term use of the property;

(4) important local landmarks;

(5) structures that are located on designated scenic and cultural byways; and

(6) structures that accept a preservation easement.
Md. Code, Human Services § 5-308.1 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-308.1
§5–308.
Status: in_force

§5–308.1.

(a) The purpose of work experience is to improve the employability of individuals who cannot find unsubsidized full–time employment.

(b) The Department may refer an individual to work experience for work activity if:

(1) private sector employment is not available;

(2) the maximum work experience placement for the individual does not exceed 90 days in a 3–year period;

(3) the Department offers the individual at least three work activity options that include:

(i) subject to subsection (c) of this section, only one work experience option; and

(ii) at least one option that is work activity or a program funded by the federal Workforce Innovation and Opportunity Act;

(4) the individual chooses the work experience for work activity;

(5) the Department informs the individual that the individual may subsequently change to different work activity; and

(6) the work experience provides skills that match the individual’s personal, career, and family goals to support economic mobility.

(c) If the Department offers work experience as work activity, the Department may not offer community service as work activity.

(d) If at any time the requirements of subsection (b) of this section are not met, an individual placed in work experience may request a transfer to different work activity.
Md. Code, Business Occupations and Professions § 5-206 — MD Code / Article gbo / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) On request of any person and payment of a certification fee established by the Board in accordance with § 5–208 of this subtitle, the Board shall certify the licensing, registration, or permit status and qualifications of any person who is the subject of the request.

(b) Each certification under this section:

(1) shall include a statement of the licensing, registration, or permit status of the person who is the subject of the request; and

(2) may include:

(i) information about the examination results and other qualifications of that person;

(ii) information about the dates of issuance and renewal of the license, registration, or permit of that person;

(iii) information about any disciplinary action taken against that person; and

(iv) if authorized by that person, information about any complaint against that person.

(c) The Board shall collect the certification fee established by the Board in accordance with § 5–208 of this subtitle for each certification under this section.
Md. Code, Agriculture § 5-106 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

(a) A pesticide is subject to the requirements of this section if it is distributed, sold, offered for sale, delivered for transportation or transported in intrastate commerce or between points in the State through any point outside the State.

(b) Any pesticide subject to this section shall be in the registrant’s or manufacturer’s unbroken, immediate container.

(c) In addition to any other requirement of this section, any pesticide subject to this section shall have a label affixed to the unbroken, immediate container and to the outside container or wrapper of any retail package, if the label on the immediate container cannot be clearly read through the outside container or wrapper. The label shall bear the following information:

(1) The name and address of the manufacturer, registrant, or person for whom the pesticide is manufactured;

(2) The name, brand, or trademark under which the pesticide is sold; and

(3) The net weight or measure of the content subject to any reasonable variations the Department permits.
Md. Code, Business Occupations and Professions § 5-309 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that states that:

(1) the applicant has qualified for the license; and

(2) the Board will issue the license to the applicant on receipt of a license fee established by the Board in accordance with § 5-205 of this title.
Md. Code, Labor and Employment § 5-207 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) On request of the Commissioner, the Attorney General may proceed in a State or federal court or before any other federal unit:

(1) to enforce a decision of the Commissioner under this title;

(2) subject to § 3–302 of the State Finance and Procurement Article, to collect a civil penalty that is assessed by order of the Commissioner under this title; or

(3) to enforce any other order of the Commissioner under this title.

(b) If the request under subsection (a) of this section concerns a public body, the Attorney General shall:

(1) provide notice of the request to all affected employees of the public body and any employee representatives; and

(2) provide notice of the request to the Governor, the President of the Senate, and the Speaker of the House of Delegates.
Md. Code, Natural Resources § 5-1401 — MD Code / Article gnr / Title 5 / Subtitle 14 / Section 5-1401
§5–1401.
Status: in_force

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

(b) “Cave” means any naturally occurring void, cavity, recess, or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge, including natural subsurface water and drainage systems. The word “cave” includes or is synonymous with cavern, sinkhole, grotto, and rock shelter.

(c) “Cave life” means any life form which normally occurs in, uses, visits, or inhabits any cave or subterranean water system, excepting, herein, those animals and species covered by any of the game laws of this State.

(d) “Commercial cave” means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry.

(e) “Gate” means any structure or device located to limit or prohibit access or entry to any cave.

(f) “Owner” means a person who has the right of access (or possession) to the cave.

(g) “Person or persons” means any individual, partnership, firm, association, trust, or corporation.

(h) “Sinkhole” means a natural depression in a land surface communicating with a subterranean passage or drainage system.

(i) “Speleogen” means an erosional feature of the cave boundary and includes or is synonymous with anastomoses, scallops, rills, flutes, spongework, and pendants.

(j) “Speleothem” means a natural secondary mineral formation or deposit occurring in a cave. This includes or is synonymous with stalagmites, stalactites, helectites, anthodites, gypsum flowers, needles, angel’s hair, soda straws, draperies, bacon, cave pearls, popcorn (coral), rimstone dams, columns, palettes, flowstone, et cetera. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite and other similar minerals.
Md. Code, Corporations and Associations § 5-6B-24 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-24
§5–6B–24.
Status: in_force

(a) Notwithstanding language contained in the governing documents of a cooperative housing corporation, the cooperative housing corporation may provide notice of a meeting or deliver information to a member by electronic transmission if:

(1) The board of directors of the cooperative housing corporation gives the cooperative housing corporation the authority to provide notice of a meeting or deliver information by electronic transmission;

(2) The member gives the cooperative housing corporation prior written authorization to provide notice of a meeting or deliver information by electronic transmission; and

(3) An officer or agent of the cooperative housing corporation certifies in writing that the cooperative housing corporation has provided notice of a meeting or delivered information to the member.

(b) Notice or delivery by electronic transmission shall be considered ineffective if:

(1) The cooperative housing corporation is unable to deliver two consecutive notices; and

(2) The inability to deliver the electronic transmission becomes known to the person responsible for the sending of the electronic transmission.

(c) The inadvertent failure to deliver notice by electronic transmission does not invalidate any meeting or other action.
Md. Code, Financial Institutions § 5-504 — MD Code / Article gfi / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

(a) Notwithstanding any other provision of the laws or regulations of this State and subject to subsection (b) of this section, a banking institution may engage in any additional activity, service, or other practice in which, under federal law, national banking associations may engage subject to the same conditions that federal law requires or allows as to national banking associations.

(b) (1) A banking institution shall provide the Commissioner with written notice at least 45 calendar days before engaging in any activity, service, or other practice authorized under subsection (a) of this section.

(2) The notice required under paragraph (1) of this subsection shall include a description of the proposed activity, service, or other practice, including:

(i) The specific authority for the activity, service, or other practice; and

(ii) Any condition that federal law requires or allows as to national banking associations.

(3) The banking institution may begin to perform the activity, service, or other practice on the first business day after the 45th calendar day from the date the Commissioner receives the notice under paragraph (1) of this subsection unless the Commissioner:

(i) Specifies a different date; or

(ii) Prohibits the activity, service, or other practice.

(c) The Commissioner may extend the 45–day period under subsection (b)(3) of this section if the Commissioner determines that the banking institution’s notice requires additional information or additional time for analysis.

(d) The Commissioner may prohibit a banking institution from performing the activity, service, or other practice described in the notice provided under subsection (b) of this section if the Commissioner determines that performing the activity, service, or other practice would:

(1) Adversely affect the safety and soundness of the banking institution;

(2) Be detrimental to the welfare of the general economy of this State; or

(3) Be detrimental to the public interest or to banking institutions.
Md. Code, Family Law § 5-327 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-327
§5–327.
Status: in_force

If, after a juvenile court grants guardianship, a party becomes aware that a condition of consent to the guardianship may not be fulfilled:

(1) the party promptly shall:

(i) file notice with the juvenile court;

(ii) give notice to all of the other parties; and

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

(2) the juvenile court shall schedule a hearing to occur within 30 days after the filing of the notice; and

(3) if the party, unit, or person whose condition cannot be fulfilled fails to enter into a new consent, the juvenile court shall:

(i) set aside the guardianship order;

(ii) set the case in for a prompt trial on the merits of the guardianship petition; and

(iii) reopen the CINA case for review as required under Title 3, Subtitle 8 of the Courts Article.
Md. Code, Environment § 5-512 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-512
§5–512.
Status: in_force

(a) The provisions of this subtitle do not amend or repeal:

(1) Any law relating to the Public Service Commission or to water and water structures; or

(2) Any act or parts of acts consistent with the provisions of this subtitle.

(b) The provisions of this subtitle do not impair any riparian or other vested right, nor amend, repeal, limit, impair, or alter any right, power, or privilege granted by the General Assembly to the Mayor and City Council of Baltimore to appropriate or use any river, stream, or water in the State to augment and improve the municipal water supply of Baltimore City.
Md. Code, Tax - General § 5-201 — MD Code / Article gtg / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) A person who holds a Class E, F, or G alcoholic beverage license shall complete, under oath, and file with the Comptroller an alcoholic beverage tax return:

(1) on or before the 25th day of the month that follows the month in which the person sells any alcoholic beverage within the boundaries of the State; and

(2) if the Comptroller so specifies, by regulation, on other dates for each month in which the licensee does not sell any alcoholic beverages in the State.

(b) (1) Each manufacturer and each wholesaler shall complete, under oath, and file with the Comptroller an alcoholic beverage tax return:

(i) except as provided in paragraph (2) of this subsection, on or before the 10th day of the month that follows the month in which:

1. the manufacturer or wholesaler sells or delivers any alcoholic beverage in the State;

2. a manufacturer that brews malt beverages, under a Class 6 pub–brewery license, transfers the malt beverages for consumption on the restaurant premises in accordance with federal alcohol tax laws and regulations; or

3. a manufacturer that brews malt beverages, under a Class 7 micro–brewery license, transfers the malt beverages for consumption off the micro–brewery licensed premises in accordance with federal alcohol tax laws and regulations; and

(ii) if the Comptroller so specifies, by regulation, on other dates for each month in which the manufacturer or wholesaler does not sell, deliver, or transfer any alcoholic beverage in the State.

(2) (i) Subject to subparagraph (ii) of this paragraph, the Comptroller may, by regulation, establish dates for filing the alcoholic beverage tax returns required under this subsection.

(ii) Any filing date established under subparagraph (i) of this paragraph shall be at least 5 days later than the day specified for filing a return under paragraph (1)(i) of this subsection.

(c) A nonresident dealer shall complete, under oath, and file with the Comptroller an alcoholic beverage tax return:

(1) on or before the 15th day of the month that follows the month in which the nonresident dealer delivers beer into the State; and

(2) if the Comptroller so specifies, by regulation, on other dates for each month in which the nonresident dealer does not deliver beer into the State.

(d) A person who is a direct wine shipper shall file with the Office of the Comptroller a quarterly tax return.

(e) A resident dealer shall complete, under oath, and file with the Comptroller an alcoholic beverage tax return:

(1) on or before the 15th day of the month that follows the month in which the resident dealer delivers beer into the State; and

(2) if the Comptroller so specifies, by regulation, on other dates for each month in which the resident dealer does not deliver beer into the State.

(f) For periods beginning after December 31, 2026, a person shall file an alcoholic beverage tax return electronically.
Md. Code, Estates and Trusts § 5-804 — MD Code / Article get / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

The court may:

(1) Without a hearing, issue an order authorizing:

(i) The petitioner to proceed with administrative probate in accordance with Subtitle 3 of this title; and

(ii) The register to accept the copy of the will for administrative probate; or

(2) Require the filing of judicial probate in accordance with Subtitle 4 of this title.
Md. Code, Natural Resources § 5-1403 — MD Code / Article gnr / Title 5 / Subtitle 14 / Section 5-1403
§5–1403.
Status: in_force

A person may not sell or offer for sale any speleothems in this State, or to export them for sale outside the State. A person who violates any of the provisions of this section is guilty of a misdemeanor, and, upon conviction, shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months.
Md. Code, General Provisions § 5-848 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-848
§5–848.
Status: in_force

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

(b) “Candidate” has the meaning stated in § 1–101 of the Election Law Article, but only as it applies to a candidate seeking election as a local official.

(c) “Contribution” has the meaning stated in § 1–101 of the Election Law Article.

(d) “Lobbyist” means a person required to register under § 2–295 of the Prince George’s County Code or § 19A–21 of the Montgomery County Code.

(e) “Local official” means:

(1) a member of the County Council of Prince George’s County or the County Executive of Prince George’s County; or

(2) a member of the County Council of Montgomery County or the County Executive of Montgomery County.

(f) “Political committee” has the meanings stated in § 1–101 of the Election Law Article.
Md. Code, Family Law § 5-4C-06 — MD Code / Article gfl / Title 5 / Subtitle 4C / Section 5-4C-06
§5–4C–06.
Status: in_force

(a) (1) To register with the Registry, an individual shall submit a notarized affidavit containing the following information:

(i) the individual’s current name and any previous name by which the individual was known;

(ii) the individual’s address and telephone number;

(iii) if the individual is a natural parent of the adoptee, the original and adopted names, if known, of the adoptee;

(iv) if the individual is an adoptee who is seeking information regarding the adoptee’s natural parents, any names, if known, by which the natural parents are or were known;

(v) if the individual is an adoptee who is seeking information regarding a natural sibling, any names, if known, by which the natural sibling is or was known;

(vi) if known, the place and date of birth of the adoptee;

(vii) if known, the name and address of the child placement agency, if any, that placed the adoptee;

(viii) if known, the names of the adoptive parents of the adoptee;

(ix) the name and address of the court that issued the adoption or guardianship order; and

(x) a statement of the individual’s consent to be identified to other registrants.

(2) A registrant shall notify the Administration of changes in information occurring after the affidavit is filed.

(3) A registrant may withdraw from the Registry at any time by submitting a notarized affidavit to that effect to the Administration.

(b) (1) The Administration shall obtain information necessary for identifying an adoptee, a natural mother of an adoptee, a natural father, or a natural sibling.

(2) The Administration may not obtain information regarding:

(i) the adoptive parents of the adoptee;

(ii) a child of the adoptive parents who is not a natural sibling; or

(iii) the financial status of the adoptive parents of the adoptee.
Md. Code, State Finance and Procurement § 5-405 — MD Code / Article gsf / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: reserved

(a) The Secretary may make an agreement with the head of another unit of the State government, of a local government, of a regional or local planning agency, or of a unit of the federal government for the temporary exchange or transfer of employees:

(1) from the Department to the unit, local government, or agency; or

(2) from the unit, local government, or agency to the Department.

(b) An employee may not be transferred or exchanged under this section for more than 90 days at a time.

(c) The approval of the Secretary of Budget and Management is not required for an agreement under this section.

(d) For purposes of Division I of the State Personnel and Pensions Article, an employee transferred or exchanged under this section is considered to continue in the position from which the employee is temporarily transferred or exchanged.

(e) The Secretary may agree to reimburse, or collect reimbursement from, another unit of the State government, a local government, a regional or local planning agency, or a federal agency for a transfer or exchange of employees under this section.
Md. Code, Labor and Employment § 5-604 — MD Code / Article gle / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) (1) An employer or other person may not discharge or otherwise discriminate against an employee on the basis of information gained through participation of the employee in group medical coverage.

(2) This title does not prevent an employer from using medical information that:

(i) has a direct, material, and timely relationship to the capacity or fitness of an employee to perform the job of the employee properly; or

(ii) differs substantially from medical information that the employee falsely provides in an application for employment.

(b) An employer or other person may not discharge or otherwise discriminate against an employee because the employee:

(1) files a complaint under or related to this title;

(2) brings an action under this title or a proceeding under or related to this title or causes the action or proceeding to be brought;

(3) has testified or will testify in an action under this title or a proceeding under or related to this title;

(4) exercises, for the employee or another, a right under this title; or

(5) is an essential worker who files a complaint or exercises a right under § 3–1604 of this article.

(c) (1) (i) Subject to subparagraph (ii) of this paragraph, an employee who believes that an employer or other person has discharged or otherwise discriminated against the employee in violation of subsection (a) or (b) of this section may submit to the Commissioner a written complaint that alleges the discrimination and that includes the signature of the employee.

(ii) The Commissioner shall accept as timely an oral complaint made by the employee under the circumstances described in subparagraph (i) of this paragraph, provided the employee submits a written complaint within 7 business days of the oral complaint and that includes the signature of the employee.

(2) An employee shall file a complaint under this subsection within 30 days after the alleged discrimination occurs.

(d) (1) On receipt of a complaint under subsection (c) of this section, the Commissioner may investigate.

(2) If, after investigation, the Commissioner determines that an employer or other person has violated subsection (a) or (b) of this section, the Commissioner shall file a complaint to enjoin the violation, to reinstate the employee to the former position with back pay, or for other appropriate relief in the circuit court for:

(i) the county in which the alleged violation occurred;

(ii) the county in which the employer has its principal office; or

(iii) Baltimore City.

(3) Within 90 days after the Commissioner receives a complaint, the Commissioner shall notify the employee of the determination under this subsection.
Md. Code, Environment § 5-702 — MD Code / Article gen / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

(a) When need arises in the State for water-supply storage or storage for streamflow regulation for quality control, either or both of which can be provided by a federally constructed reservoir, and cost of storage is nonreimbursable when used for streamflow regulation, or is to be repaid by nonfederal interest when used for water supply, the Department, after consulting with concerned units and jurisdictions, shall estimate:

(1) The amount of water-supply storage required to meet both initial and future needs in the potential service area within the State; and

(2) The need for and benefits of storage for regulation of streamflow for quality control.

(b) The Department shall contract with appropriate federal authorities to obtain reimbursement of costs for initial water supply and furnish reasonable assurance that costs allocated to future water supply for use in the State will be repaid. When future water supply is required, the Department shall contract with federal authorities for reimbursement.
Md. Code, Courts and Judicial Proceedings § 5-108 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-108
§5–108.
Status: in_force

(a) Except as provided by this section, no cause of action for damages accrues and a person may not seek contribution or indemnity for damages incurred when wrongful death, personal injury, or injury to real or personal property resulting from the defective and unsafe condition of an improvement to real property occurs more than 20 years after the date the entire improvement first becomes available for its intended use.

(b) Except as provided by this section, a cause of action for damages does not accrue and a person may not seek contribution or indemnity from any architect, professional engineer, or contractor for damages incurred when wrongful death, personal injury, or injury to real or personal property, resulting from the defective and unsafe condition of an improvement to real property, occurs more than 10 years after the date the entire improvement first became available for its intended use.

(c) Upon accrual of a cause of action referred to in subsections (a) and (b) of this section, an action shall be filed within 3 years.

(d) (1) In this subsection, “supplier” means any individual or entity whose principal business is the supply, distribution, installation, sale, or resale of any product that causes asbestos-related disease.

(2) This section does not apply if:

(i) The defendant was in actual possession and control of the property as owner, tenant, or otherwise when the injury occurred;

(ii) In a cause of action against a manufacturer or supplier for damages for personal injury or death caused by asbestos or a product that contains asbestos, the injury or death results from exposure to asbestos dust or fibers which are shed or emitted prior to or in the course of the affixation, application, or installation of the asbestos or the product that contains asbestos to an improvement to real property;

(iii) In other causes of action for damages for personal injury or death caused by asbestos or a product that contains asbestos, the defendant is a manufacturer of a product that contains asbestos; or

(iv) In a cause of action for damages for injury to real property that results from a defective and unsafe condition of an improvement to real property:

1. The defendant is a manufacturer of a product that contains asbestos;

2. The damages to an improvement to real property are caused by asbestos or a product that contains asbestos;

3. The improvement first became available for its intended use after July 1, 1953;

4. The improvement:

A. Is owned by a governmental entity and used for a public purpose; or

B. Is a public or private institution of elementary, secondary, or higher education; and

5. The complaint is filed by July 1, 1993.

(e) A cause of action for an injury described in this section accrues when the injury or damage occurs.
Md. Code, Agriculture § 5-209.1 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-209.1
§5–209.
Status: in_force

§5–209.1.

(a) (1) A licensee or permittee shall register with the Department any employee who performs pest control.

(2) Within 30 days after employment, and before registration, an employee, other than a certified applicator, shall successfully complete training approved by the Department.

(3) An employee who has not successfully completed training in accordance with the provisions of paragraph (2) of this subsection may only apply pesticides if a certified applicator or registered employee is physically present at the time and place the pesticide is applied by the employee.

(b) The Department shall adopt regulations that establish criteria for approved training programs.
Md. Code, Family Law § 5-3B-06 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-06
§5–3B–06.
Status: in_force

(a) (1) In a case under this subtitle, a court shall appoint an attorney to represent a parent who:

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

(ii) when the parent must decide whether to consent to adoption, is still a minor.

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

(b) (1) In a case under this subtitle, a court shall appoint an attorney to represent a prospective adoptee who:

(i) has a disability that makes the prospective adoptee incapable of effectively participating in the case; and

(ii) when the prospective adoptee must decide whether to consent to adoption, is at least 10 years old.

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

(c) An attorney or firm:

(1) may represent more than one party in a case under this subtitle only if the Maryland Lawyers’ Rules of Professional Conduct allow; and

(2) may not represent a prospective adoptive parent and parent in the same adoption case.

(d) Counsel appointed under this section may be compensated for reasonable fees, as approved by the court.
Md. Code, Insurance § 5-317 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-317
§5–317.
Status: in_force

(a) The Commissioner may exempt a specific product form or product line of a domestic company that holds a certificate of authority issued by the Commissioner and is doing business only in the State from the requirements of § 5–313 of this subtitle if:

(1) the Commissioner has issued an exemption in writing to the company;

(2) the exemption has not been revoked in writing by the Commissioner; and

(3) the company computes reserves:

(i) using assumptions and methods used before the operative date of the valuation manual; and

(ii) in accordance with any requirements established by the Commissioner by regulation.

(b) (1) A company that is granted an exemption under subsection (a) of this section is subject to § 5–201 of this title and §§ 5–302 through 5–312 of this subtitle.

(2) With respect to a company that is granted an exemption under subsection (a) of this section, any reference to § 5–313 of this subtitle found in § 5–201.1 of this title and §§ 5–302 through 5–312 of this subtitle is not applicable.

(c) The Commissioner may exempt a domestic company that holds a certificate of authority issued by the Commissioner and is doing business in the State from the requirements of §§ 5–314 and 5–315 of this subtitle if the company meets the life principle–based reserves exemption criteria in the valuation manual.

(d) For purposes of subsection (c) of this section, ordinary life premiums are measured as direct premium plus reinsurance assumed from an unaffiliated company, as reported in the annual statement for the prior calendar year.

(e) (1) A domestic company that meets the requirements of subsection (c) of this section shall:

(i) compute reserves:

1. using assumptions and methods used before the operative date of the valuation manual; and

2. in accordance with any requirements established by the Commissioner in regulation; and

(ii) file, before July 1 of each year, a statement with the Commissioner certifying that the domestic company meets the requirements of subsection (c) of this section for the current calendar year based on premiums and other values from the financial statements for the prior calendar year.

(2) Before September 1 of each year, the Commissioner may reject a statement filed under paragraph (1)(ii) of this subsection and require a domestic company to comply with the valuation manual requirements for life insurance reserves.