Md. Code, Corporations and Associations § 5-311 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-311
§5–311.
Status: in_force

(a) Members of a church may separate from the church, form a house of worship, and employ a minister if:

(1) They are of sufficient number to form a house of worship and maintain a minister; and

(2) All debts and contracts incurred by them as members of the original church are discharged.

(b) When incorporated, the new church is entitled to the benefits of this subtitle relating to religious corporations.
Md. Code, Courts and Judicial Proceedings § 5-120 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-120
§5–120.
Status: in_force

(a) This section applies to an action for injunctive relief or damages for:

(1) A violation of a collective bargaining agreement covering an employee of the State or a political subdivision of the State; or

(2) A breach by an exclusive representative of the duty of fair representation owed to an employee of the State or a political subdivision of the State.

(b) An action subject to this section shall be commenced within 6 months after the later of:

(1) The date on which the claim accrued; or

(2) The date on which the complainant knew or should reasonably have known of the breach.
Md. Code, Transportation § 5-209 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-209
§5–209.
Status: in_force

(a) The Executive Director or any officer or employee of the Administration designated by the Executive Director may conduct investigations, inquiries, and hearings as to:

(1) Any matter covered by this title or by a rule, regulation, or order of the Administration; or

(2) Any aeronautics accident in this State.

(b) Hearings shall be:

(1) Open to the public; and

(2) Except as provided in § 5–210 of this subtitle, held on such notice as the Executive Director considers advisable.

(c) The Executive Director or his designee may:

(1) Administer oaths;

(2) Certify to all official acts; and

(3) Issue subpoenas and orders for the attendance and testimony of witnesses and the production of papers, books, and documents.

(d) (1) If a person fails to comply with any subpoena or order issued under this section, the Executive Director or his designee may invoke the aid of a court of competent jurisdiction.

(2) The court may order that person to obey the subpoena or order or to give evidence about the matter in question.
Md. Code, Corporations and Associations § 5-303 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

The plan shall be:

(1) Entered in the record book required by § 5-307 of this subtitle; and

(2) Acknowledged by a majority of the trustees.
Md. Code, Economic Development § 5-316 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-316
§5–316.
Status: in_force

Financial assistance is deemed authorized under this subtitle if it was provided, or approved to be provided, from the following programs that have been incorporated into the Fund:

(1) the Brownfields Revitalization Incentive Fund;

(2) the Child Care Facilities Direct Loan Fund;

(3) the Child Care Special Loan Fund;

(4) the Maryland Industrial and Commercial Redevelopment Fund;

(5) the Maryland Industrial Land Act;

(6) the Maryland Seafood and Aquaculture Loan Fund; and

(7) the Smart Growth Economic Development Infrastructure Fund.
Md. Code, Environment § 5-511 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-511
§5–511.
Status: in_force

The Department shall review triennially every appropriation and use of water for which a required permit is granted, to ascertain if the appropriation and use of water is being made according to quantity limitations and other conditions established by permit. Unless a permit is for the periodic appropriation or use of water for agricultural purposes, the Department shall correct a permit where the total quantity of water permitted to be appropriated and used is not used or needed.
Md. Code, Environment § 5-1302 — MD Code / Article gen / Title 5 / Subtitle 13 / Section 5-1302
§5–1302.
Status: in_force

The Attorney General shall take charge of, prosecute, and defend on behalf of the State every case arising under the provisions of this title, including the recovery of penalties.
Md. Code, Economic Development § 5-306 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) The Authority consists of the individuals serving as members of the Maryland Industrial Development Financing Authority under § 5-406 of this title.

(b) The members of the Authority shall be appointed in accordance with § 5-407 of this title.
Md. Code, Education § 5-105 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

(a) All revenues received by a county board shall be spent by the board in accordance with the major categories of its annual budget as provided under § 5-101 of this subtitle.

(b) (1) (i) A transfer may be made within the major categories without recourse to the county commissioners or county council except that a report of the transfer shall be submitted to the county commissioners or county council within 15 days after the end of each month.

(ii) A report under subparagraph (i) of this paragraph shall include a narrative summary that clearly indicates each transfer.

(2) A transfer between major categories shall be made only with the approval of the county commissioners or county council.

(3) If the county commissioners or county council fail to take action on a request for transfer between major categories within 30 days after the receipt of a written request substantiating the transfer, the failure to take action constitutes approval.

(4) A county board shall submit to the county governing body a report within 15 days after the end of each month if during that month the county board takes any action that would commit the county board to spend more for the current fiscal year in any major category than the amount approved in the annual budget for that category.

(5) A report under paragraph (4) of this subsection shall include a narrative explanation of the action taken, indicating any request for transfer between categories that may become necessary for the fiscal year as a result of the action.

(c) Except as provided in subsection (d) of this section, nonlocal funds received by a county board after the adoption of the annual budget by the county fiscal authority may be spent by the county board if the county fiscal authority is notified and approves of:

(1) The source and amount of the funds; and

(2) The manner of spending the funds.

(d) (1) Funds received by the county board under § 2–608(a)(1) of the Tax – General Article after the adoption of the annual budget by the county fiscal authority may be spent by the county board after approval by the county fiscal authority under paragraph (2) of this subsection.

(2) The county fiscal authority shall approve the amount of funds received by the county board under § 2–608(a)(1) of the Tax – General Article within 30 days after the Comptroller makes the distribution to the county board.

(3) If the county fiscal authority fails to take action within 30 days after the distribution by the Comptroller, the failure to take action constitutes approval.
Md. Code, Natural Resources § 5-1610.1 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1610.1
§5–1610.
Status: in_force

§5–1610.1. IN EFFECT

(a) The Department shall develop standards and adopt regulations for the creation and use of forest mitigation banks, including criteria for tracking, crediting, maintaining, bonding, and reporting mitigation bank activities.

(b) A local jurisdiction may develop procedures for establishing forest mitigation banks as part of its forest conservation program.

(c) After December 31, 2020, mitigation banks may be allowed only:

(1) If the application was submitted before December 31, 2020; or

(2) When using:

(i) Qualified conservation located in priority retention areas as identified in § 5–1607(c) of this subtitle; or

(ii) Newly planted forest located in priority afforestation or reforestation areas as identified in § 5–1607(d) of this subtitle or as identified in a comprehensive plan adopted by a local jurisdiction.

(d) The establishment of mitigation banks and their use may not alter the sequence for retention, reforestation, or afforestation on a development site as outlined in § 5–1607 of this subtitle.

(e) Criteria established by local or State programs for the use and establishment of forest mitigation banks shall include protection and conservation in perpetuity of forest mitigation banks consistent with reasonable management plans, through methods that include easements, covenants, or similar mechanisms that shall be in place at the time credits are withdrawn.

(f) This section may not be construed to require the Department or a local jurisdiction to:

(1) Establish or fund State or local mitigation banks;

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

(3) Use State or local government land for forest mitigation banking.

(g) (1) Credits in a mitigation bank may not be approved for debiting until construction or qualified conservation of the mitigation bank is complete.

(2) A mitigation bank that requires construction shall maintain sufficient credits in reserve to cover anticipated expenses of completion of the mitigation bank.

§5–1610.1. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 **

(a) The Department shall develop standards and adopt regulations for the creation and use of forest mitigation banks, including criteria for tracking, crediting, maintaining, bonding, and reporting mitigation bank activities.

(b) A local jurisdiction may develop procedures for establishing forest mitigation banks as part of its forest conservation program.

(c) After December 31, 2020, mitigation banks may be allowed only:

(1) If the application was submitted before December 31, 2020; or

(2) When using:

(i) Qualified conservation located in priority retention areas as identified in § 5–1607(c) of this subtitle; or

(ii) Newly planted forest located in priority afforestation or reforestation areas as identified in § 5–1607(d) of this subtitle or as identified in a comprehensive plan adopted by a local jurisdiction.

(d) The establishment of mitigation banks and their use may not alter the sequence for retention, reforestation, or afforestation on a development site as outlined in § 5–1607 of this subtitle.

(e) Criteria established by local or State programs for the use and establishment of forest mitigation banks shall include protection and conservation in perpetuity of forest mitigation banks consistent with reasonable management plans, through methods that include easements, covenants, or similar mechanisms that shall be in place at the time credits are withdrawn.

(f) This section may not be construed to require the Department or a local jurisdiction to:

(1) Establish or fund State or local mitigation banks;

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

(3) Use State or local government land for forest mitigation banking.

(g) (1) Credits in a mitigation bank may not be approved for debiting until construction or qualified conservation of the mitigation bank is complete.

(2) A mitigation bank that requires construction shall maintain sufficient credits in reserve to cover anticipated expenses of completion of the mitigation bank.
Md. Code, Natural Resources § 5-1007 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1007
§5–1007.
Status: in_force

The Department may accept the use of land to be used for auxiliary State forest reserves and enter into agreements with the owners as necessary. The land is subject to all laws, rules, and regulations governing State forest reserves. However, no money appropriated to the Department may be used or expended on auxiliary State forests for permanent improvements or for any purpose other than supervision, opening of trails, the building of temporary structures to make the land available for campers and visitors, and protection of the land from fire and trespass.
Md. Code, Family Law § 5-1405 — MD Code / Article gfl / Title 5 / Subtitle 14 / Section 5-1405
§5–1405.
Status: in_force

(a) A parent in a proceeding under this subtitle is entitled to the assistance of counsel.

(b) (1) The court shall:

(i) refer an unrepresented parent to a qualified grantee of the Maryland Legal Services Corporation for assignment of counsel; or

(ii) appoint counsel for an unrepresented parent.

(2) A parent is not entitled to the assistance of counsel at the expense of the Maryland Legal Services Corporation or to appointed counsel unless the parent is indigent.
Md. Code, Health - General § 5-809 — MD Code / Article ghg / Title 5 / Subtitle 8 / Section 5-809
§5–809.
Status: in_force

(a) The Committee shall maintain records of its deliberations including any recommendations.

(b) (1) Except for the public report issued under § 5-808(a) of this subtitle, any records of deliberations, findings, or files of the Committee shall be confidential and are not discoverable under § 1-401 of the Health Occupations Article.

(2) This subsection does not prohibit the discovery of material, records, documents, or other information that was not prepared by the Committee or its subcommittee and was obtained independently of the Committee or subcommittee.

(c) (1) Members of the Committee or a subcommittee of the Committee, persons attending a Committee or subcommittee meeting, and persons who present information to the Committee or subcommittee may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting.

(2) This subsection does not prohibit a person from testifying to information obtained independently of the Committee or subcommittee or that is public information.

(d) (1) Except as necessary to carry out the Committee’s purpose and duties, members of the Committee or subcommittee and persons attending a Committee or subcommittee meeting may not disclose:

(i) What transpired at a meeting that is not public under this subtitle; or

(ii) Any information that is prohibited for disclosure by this section.

(2) This subsection does not prohibit the discovery of material, records, documents, or other information that was not prepared by the Committee or its subcommittee and was obtained independently of the Committee or subcommittee.
Md. Code, General Provisions § 5-703 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

(a) A regulated lobbyist engaged by an entity for the purpose of lobbying shall certify under oath or affirmation that the regulated lobbyist is authorized to engage in lobbying for the entity.

(b) The certification shall include:

(1) the full legal name and business address of the entity;

(2) the name, contact information, and official title of the representative of the entity who authorized the regulated lobbyist to engage in lobbying for the entity;

(3) the full legal name and business address of the regulated lobbyist;

(4) subject to subsequent modification, the period during which the regulated lobbyist is authorized to act; and

(5) the proposal or subject on which the regulated lobbyist represents the entity.
Md. Code, Corporations and Associations § 5-301 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

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

(b) “Church” means any church, religious society, or congregation of any sect, order, or denomination.

(c) “Plan” includes any plan, agreement, or regulation adopted under § 5-302 of this subtitle.

(d) “Record book” means the book in which the proceedings of the religious corporation are recorded.

(e) “Trustees” means:

(1) As to a religious corporation subject to Part II of this subtitle, the corporators appointed or elected as provided in that part; and

(2) As to a religious corporation subject to Part V, Part VI, or Part VII of this subtitle, the members of the vestry.
Md. Code, Transportation § 5-106 — MD Code / Article gtr / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

Notwithstanding any other provision of State or local law, the establishment of a commercial use airport in the sixth election district of Queen Anne’s County is prohibited.
Md. Code, Economic Development § 5-525 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-525
§5–525.
Status: in_force

(a) (1) The Authority may use the Fund to guarantee a loan made to an applicant only if:

(i) the applicant meets the requirements of this part;

(ii) the loan is to be used to perform a contract for which the majority of the funding is provided by the federal government, a state government, a local government, or a utility regulated by the Public Service Commission;

(iii) the maximum amount payable by the Authority under the guaranty does not exceed $2,000,000; and

(iv) the guaranteed loan is to be used for:

1. working capital; or

2. equipment needed to perform the contract, the cost of which can be repaid from contract proceeds, if the Authority has entered into an agreement with the applicant to secure the loan or guaranty.

(2) A guaranty made by the Authority may not exceed the term of the contract, unless the Authority determines that a longer term better serves the purposes of this subtitle.

(b) (1) The Authority may use the Fund to guarantee a person’s proposed equity investment in the applicant only if:

(i) the applicant meets the requirements of this part;

(ii) the amount of the equity investment to be guaranteed does not exceed the lesser of:

1. 10% of the person’s equity investment in the applicant; or

2. $250,000;

(iii) the equity investment to be guaranteed is to be used to perform a contract for which the majority of funding is provided by the federal government, a state government, a local government, or a utility regulated by the Public Service Commission; and

(iv) the equity investment to be guaranteed is to be used for:

1. working capital; or

2. equipment needed to perform the contract, the cost of which can be repaid from contract proceeds, if the Authority has entered into an agreement with the applicant to secure the guaranty.

(2) The Authority may not guarantee the equity investment of a person who:

(i) previously held an equity investment in the applicant;

(ii) previously participated in the management of the applicant; or

(iii) in any other manner is related to:

1. the applicant; or

2. any of the current stockholders, officers, or management personnel of the applicant.

(c) (1) The Authority may use the Fund to lend money to an applicant only if:

(i) the applicant meets the requirements of this part;

(ii) the applicant is unable to obtain money on reasonable terms through normal lending channels from another source;

(iii) the loan does not exceed $2,000,000;

(iv) the loan is to be used to perform a contract for which the majority of funding is provided by the federal government, a state government, a local government, or a utility regulated by the Public Service Commission; and

(v) the loan is to be used for:

1. working capital; or

2. equipment needed to perform the contract, if the contract proceeds can repay the cost of the equipment and if the Authority has entered into an agreement with the applicant to secure the loan.

(2) A loan that the Authority makes shall mature not later than the term of the contract, unless the Authority finds that a longer term better serves the purposes of this part.

(d) In providing financial assistance under this section, the Authority shall recognize the need to serve applicants from all political subdivisions in the State.
Md. Code, Election Law § 5-704 — MD Code / Article gel / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

An individual who seeks election as a write-in candidate shall file a certificate of candidacy as required under § 5-303 of this title.
Md. Code, Economic Development § 5-903 — MD Code / Article gec / Title 5 / Subtitle 9 / Section 5-903
§5–903.
Status: in_force

(a) The purposes of the Program are to:

(1) designate innovative reuses of dredged material as a sustainable alternative in the management of dredged material disposal; and

(2) provide financial assistance for the production and marketing of technologies that dewater, analyze for contaminants, dry, and process dredged material for reuse in an economically beneficial manner.

(b) The goals of the Program are to:

(1) implement the beneficial reuse of dredged materials as a sustainable dredged material management method;

(2) foster markets for end-use products that use dredged material as a resource;

(3) increase public awareness of the many valuable commercial and industrial uses of dredged material and products made using dredged material; and

(4) facilitate the reuse of at least 500,000 cubic yards of dredged material each year.
Md. Code, Education § 5-317 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-317
§5–317.
Status: in_force

(a) In this section, “Program” means the School Safety Grant Program.

(b) (1) There is a School Safety Grant Program.

(2) The purpose of the Program is to provide grants to county boards for school security improvements, including:

(i) Secure and lockable classroom doors for each classroom in the school;

(ii) An area of safe refuge in each classroom in the school; and

(iii) Surveillance and other security technology for school monitoring purposes.

(c) The Program shall be implemented and administered by the Interagency Commission, in consultation with the Maryland Center for School Safety.

(d) The Interagency Commission shall:

(1) Provide grants to county boards for public school security improvements;

(2) Develop a procedure for a county board to apply for a grant under the Program; and

(3) Develop eligibility requirements for a county board to receive a grant under the Program.

(e) In addition to the annual amount otherwise provided in the capital improvement program of the Public School Construction Program, the Governor shall provide an additional $10,000,000 in the annual operating or capital budget bill that may be used only to award grants under the Program.

(f) The State funding provided under the Program is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for public school construction purposes to a county board from any other source.

(g) The Interagency Commission shall adopt regulations necessary to implement this section.
Md. Code, Public Safety § 5-108 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-108
§5–108.
Status: in_force

(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a dealer’s license.

(c) As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:

(1) two complete sets of the applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(2) the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

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

(d) In accordance with §§ 10-201 through 10-234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant’s criminal history record information.

(e) Information obtained from the Central Repository under this section:

(1) is confidential and may not be disseminated; and

(2) shall be used only for the licensing purpose authorized by this section.

(f) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10-223 of the Criminal Procedure Article.
Md. Code, Corporations and Associations § 5-624 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-624
§5–624.
Status: in_force

(a) The directors shall elect annually from among the directors a chairman and one or more vice-chairmen.

(b) (1) The directors shall elect a secretary and a treasurer.

(2) The secretary and treasurer need not be directors or members.

(3) The directors may combine the offices of secretary and treasurer and designate the combined office as secretary-treasurer.

(c) (1) The board of directors may elect or appoint any other officers, agents, or employees it considers necessary or advisable.

(2) The board shall establish the powers and duties of each officer, agent, or employee it elects or appoints.

(d) An officer may be removed from office and a successor elected in the manner provided in the bylaws.
Md. Code, Economic Development § 5-565 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-565
§5–565.
Status: in_force

The Fund shall be used:

(1) for the purposes described in the Program; and

(2) to pay expenses of the Authority in administering the Program.
Md. Code, Economic Development § 5-338 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-338
§5–338.
Status: in_force

(a) The Department shall determine whether a brownfields site is a qualified brownfields site based on whether the property:

(1) is located in a densely populated urban center and is substantially underutilized; or

(2) is an existing or former industrial or commercial site that poses a threat to public health or the environment.

(b) When reviewing qualified brownfields sites for financial assistance under this part, the Department may consider:

(1) the feasibility of redevelopment;

(2) the public benefit to the community and the State through the redevelopment of the property;

(3) the extent of releases or threatened releases at the brownfields site and the degree to which the cleanup and redevelopment of the brownfields site will protect public health or the environment;

(4) the potential to attract or retain manufacturing or other economically significant employers;

(5) the absence of identifiable and financially solvent responsible persons; or

(6) any other factor relevant and appropriate to economic development.

(c) A person may submit a request to the Department to determine whether the person qualifies for financial assistance for the potential redevelopment of a brownfields site when the person:

(1) applies to participate in the Voluntary Cleanup Program under Title 7, Subtitle 5 of the Environment Article; or

(2) receives approval from the Department of the Environment to implement a corrective action plan under Title 4 of the Environment Article.

(d) (1) The Department shall notify the person whether the person qualifies for financial assistance for the redevelopment of a brownfields site within 30 days after the Department receives a request under subsection (c) of this section if:

(i) the Department of the Environment approves the participation in the Voluntary Cleanup Plan or a corrective action plan; and

(ii) the Department or Authority approves the financial assistance.

(2) The notice shall specify which of the criteria in subsection (b) of this section that the person meets.

(e) When evaluating potential qualified brownfields sites, the Department shall consult with:

(1) the Department of the Environment, the Department of Planning, and relevant local officials;

(2) the neighboring community and any citizens groups located in the community;

(3) representatives of State and local environmental organizations;

(4) public health experts; and

(5) any other person the Department considers appropriate.
Md. Code, Human Services § 5-404 — MD Code / Article ghu / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) An application for assistance under this part shall be made:

(1) to the local department of the county where the applicant resides; and

(2) in the form and manner that the Administration requires.

(b) Whenever a local department receives an application for assistance under this part, the local department shall make a record of:

(1) the circumstances of the applicant;

(2) the facts supporting the application; and

(3) any other information that the Administration requires by regulation.
Md. Code, State Personnel and Pensions § 5-304 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) The head of each principal unit shall provide the employees of the unit with written notice of the protections and remedies provided by this subtitle.

(b) In addition to the requirement specified in subsection (a) of this section, the Secretary of Juvenile Services shall:

(1) provide all employees of the Department of Juvenile Services with written notice of the protections and remedies provided by § 5–305(2) and (3) of this subtitle; and

(2) include information on the protections and remedies provided by § 5–305(2) and (3) of this subtitle in the Department’s employee handbook and in any new employee orientation or training.
Md. Code, Family Law § 5-1024 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1024
§5–1024.
Status: in_force

(a) If a defendant fails to appear after being summoned or after giving bond as required by § 5-1014 of this subtitle, the court, in the absence of the defendant, shall, unless there is good cause to the contrary:

(1) proceed with the hearing on the complaint; and

(2) (i) issue a default judgment adjudicating paternity if the court is satisfied by the evidence presented by the petitioner; or

(ii) pass any other order that is just and proper.

(b) Any order passed under subsection (a) of this section shall be binding on and enforceable against the defendant as if the defendant were present at the hearing.

(c) If a defendant fails to appear after being summoned or after giving bond as required by § 5-1014 of this subtitle, bond shall be forfeited and applied to the payment of any obligation imposed by an order passed in the proceeding.

(d) If a defendant fails to appear after being properly summoned or after giving bond as required by § 5-1014 of this subtitle, the defendant remains subject to arrest and whatever other disposition the court may order.
Md. Code, Corporations and Associations § 5-107 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-107
§5–107.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, this section does not apply to a professional corporation in which a majority of stockholders are individuals who are licensed, certified, or otherwise authorized to practice a health occupation under the Health Occupations Article.

(2) This section applies to a professional corporation that provides dental services.

(b) The name of a domestic professional corporation or a foreign professional corporation authorized to transact business in the State shall contain the surname of one or more stockholders of the corporation unless:

(1) Except as provided in § 5–108(f) of this subtitle, the name of the corporation is approved by the appropriate licensing unit;

(2) A certificate of authorization for use of the corporate name is issued to the corporation or to its incorporator by the appropriate licensing unit; and

(3) The certificate of authorization for use of the corporate name issued by the licensing unit is attached to the articles of incorporation document in which the name is adopted.
Md. Code, Natural Resources § 5-219 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-219
§5–219.
Status: in_force

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

(2) (i) “Reforestation” means the stocking or restocking of an area with forest tree species.

(ii) “Reforestation” includes:

1. Site preparation by mechanical operation, application of herbicides, or prescribed burning;

2. Tree planting;

3. Release of seedlings from competing vegetation;

4. Animal damage control of seedlings; and

5. Other activities that the Secretary requires.

(iii) “Reforestation” does not include the growing of Christmas or ornamental trees.

(3) (i) “Timber stand improvement” means any cultural operation made to improve the composition, constitution, condition, or increment of a timber stand that does not result in immediately salable forest products.

(ii) “Timber stand improvement” includes:

1. Tree removal, girdling, poisoning, and pruning activities; and

2. Activities that improve forest health, including:

A. Efforts to control invasive species;

B. Creation or maintenance of forested riparian buffers;

C. Installation of water quality protection devices;

D. Reduction, removal, or other management of the residual materials generated during timber harvest;

E. Restoration of forest habitat affected by logging access roads and trails; and

F. Other habitat improvement or best management practices as determined by the Department.

(b) A person who owns or leases 3 to 1,000 acres of land may apply for reforestation or timber stand improvement certification under this section if the land is:

(1) Capable of growing more than 20 cubic feet of wood per acre per year; and

(2) Available for the application of scientific forest management practices for the primary purpose of growing and harvesting forest tree species.

(c) The Department shall issue an initial certification of reforestation or timber stand improvement to an applicant who owns or leases 3 to 1,000 acres of land that is used as commercial forest land or that is being restored and is capable of growing a commercial forest, if there is:

(1) A successful planting of the required minimum number of seedlings with acceptable species; or

(2) Timber stand improvement activities in accordance with a forest management plan developed by a licensed forester.

(d) (1) Within 2 years after the date of initial certification, the Department shall issue a final certification of reforestation or timber stand improvement to an applicant who received an initial certification if:

(i) Seedlings are living without other vegetation growing around or over the seedling; or

(ii) Successful timber stand improvements have been made in accordance with regulations of the Secretary.

(2) If the reforestation or timber stand improvement activities do not meet the requirements for final certification when the application is made, the applicant may replant or conduct additional timber stand improvement activities.

(e) If an application for final certification is not filed within 2 years after the date of initial certification, the applicant shall submit a plan to continue the reforestation or timber stand improvement project to the Department.

(f) The Department shall decertify land if:

(1) Reforestation or timber stand improvement activity on the land is discontinued before issuance of a final certificate;

(2) A final certificate application or a plan of continuation is not filed within 2 years after the date on which the initial certificate is issued; or

(3) The land does not continue to be used as commercial forest land for 15 years after final certification is issued.

(g) The Secretary shall:

(1) Adopt regulations to carry out this section;

(2) Provide to a certified person notice of initial and final certification that the person may file with the Comptroller as evidence of the eligibility of the person for the income tax subtraction modification for reforestation and timberland expense allowed under §§ 10–208 and 10–308 of the Tax – General Article; and

(3) Send a copy of a decertification notice to the Comptroller for purposes of the income tax addition modification for reforestation and timberland expense required under §§ 10–205 and 10–306 of the Tax – General Article.
Md. Code, Economic Development § 5-521 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-521
§5–521.
Status: in_force

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

(b) The Treasurer shall:

(1) invest the money in the Fund in the same manner as other State money may be invested; and

(2) credit any investment earnings to the Fund.

(c) If the Authority determines by resolution that any money in the Fund is no longer needed to meet its obligations, the Authority may authorize the Comptroller to first employ that money to pay the principal of and interest on outstanding bonds issued under any Act authorizing the issue of State general obligation bonds issued to implement this subtitle.
Md. Code, Economic Development § 5-310 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

There is a Maryland Economic Development Assistance Fund in the Department.
Md. Code, Health - General § 5-808 — MD Code / Article ghg / Title 5 / Subtitle 8 / Section 5-808
§5–808.
Status: in_force

§5–808. IN EFFECT

(a) (1) At least once in a calendar year, the Committee shall prepare a report for public distribution.

(2) The report shall include aggregate information that sets forth the numbers of deaths reviewed, the ages of the deceased, causes and circumstances of death, a review of aggregate incident data, a summary of the Committee’s activities, and summary findings.

(3) Summary findings shall include patterns and trends, goals, problems, concerns, final recommendations, and preventative measures.

(4) Specific individuals and entities may not be identified in any public report.

(5) The Developmental Disabilities Administration shall provide the report to the facilities or programs that are operated or licensed by the Developmental Disabilities Administration or operating by waiver under § 7–903(b) of this article.

(b) (1) In addition to the public report issued under subsection (a) of this section, the Committee or its subcommittee may at any time issue preliminary findings or make preliminary recommendations to the Secretary, the Secretary of Disabilities, the Director of the Developmental Disabilities Administration, the Director of the Behavioral Health Administration, or to the Director of the Office of Health Care Quality.

(2) Preliminary findings or recommendations shall be confidential and not discoverable or admissible under § 1–401 of the Health Occupations Article.

§5–808. // EFFECTIVE DECEMBER 31, 2032 PER CHAPTER 221 OF 2022 //

(a) (1) At least once in a calendar year, the Committee shall prepare a report for public distribution.

(2) The report shall include aggregate information that sets forth the numbers of deaths reviewed, the ages of the deceased, causes and circumstances of death, a summary of the Committee’s activities, and summary findings.

(3) Summary findings shall include patterns and trends, goals, problems, concerns, final recommendations, and preventative measures.

(4) Specific individuals and entities may not be identified in any public report.

(b) (1) In addition to the public report issued under subsection (a) of this section, the Committee or its subcommittee may at any time issue preliminary findings or make preliminary recommendations to the Secretary or to the Director of the Office of Health Care Quality.

(2) Preliminary findings or recommendations shall be confidential and not discoverable or admissible under § 1–401 of the Health Occupations Article.
Md. Code, Courts and Judicial Proceedings § 5-634 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-634
§5–634.
Status: in_force

(a) In this section, “person” has the meaning stated in § 21-322 of the Health - General Article.

(b) The limitation on liability provided for in subsection (c) of this section does not apply to any person who:

(1) Donates food to a nonprofit corporation, organization, or association that sells or offers for sale any donated food;

(2) Prepares donated food for use or distribution by a nonprofit corporation, organization, or association that sells or offers for sale any donated food; or

(3) Serves donated food distributed by a nonprofit corporation, organization, or association that sells or offers for sale any donated food.

(c) Unless the act or omission amounts to gross negligence or willful and wanton misconduct, a person is not civilly liable for any act or omission that affects the nature, age, condition, or packaging of the donated food if the person in good faith:

(1) Donates food for use or distribution by a nonprofit corporation, organization, or association;

(2) Prepares donated food for use or distribution by a nonprofit corporation, organization, or association;

(3) Serves donated food distributed by a nonprofit corporation, organization, or association; or

(4) Dispenses donated food distributed by a nonprofit corporation, organization, or association.
Md. Code, Estates and Trusts § 5-506 — MD Code / Article get / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

If a foreign personal representative fails within a reasonable time to transfer the title to real or leasehold property located in the State to the person entitled to it, the court may by appropriate order direct the transfer of title to the person if:

(1) The will, if there is one, or a copy authenticated pursuant to 28 U.S.C. § 1738 is filed in the office of the register;

(2) Every death tax with interest and penalties has been paid as contemplated in § 5–504 of this subtitle;

(3) Notice in a form approved by the court has been published to the effect that the decedent died owning the real or leasehold property as defined in § 5–503(a) of this subtitle; and

(4) All claims of creditors have been satisfied.
Md. Code, Education § 5-222 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-222
§5–222.
Status: in_force

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

(2) (i) “Compensatory education enrollment” means:

1. Except as provided in subparagraph (iii) of this paragraph, for fiscal years 2017 through 2026, the greater of:

A. The number of students eligible for free or reduced price meals for the prior fiscal year;

B. For county boards that participate, in whole or in part, in the United States Department of Agriculture community eligibility provision, the number of students equal to the greater of:

I. The sum of the number of students in participating schools identified by direct certification for the prior fiscal year, plus the number of students identified by the income information provided by the family to the school system on an alternative form developed by the Department for the prior fiscal year, plus the number of students eligible for free and reduced price meals from any schools not participating in the community eligibility provision for the prior fiscal year; or

II. Subject to paragraph (3) of this subsection, the number of students eligible for free and reduced price meals at schools not participating in the community eligibility provision for the prior fiscal year, plus the product of the percentage of students eligible for free and reduced price meals at participating schools for the fiscal year prior to opting into the community eligibility provision multiplied by the prior fiscal year enrollment; or

C. The number of students directly certified and who are enrolled in a public school in the county in the prior fiscal year; and

2. For fiscal year 2027 and each fiscal year thereafter, the greater of:

A. The number of students eligible for free or reduced price meals using the United States Department of Agriculture count or the alternative State form for the prior fiscal year; or

B. The number of direct certification students who are enrolled in a public school in the county in the prior fiscal year.

(ii) For the purpose of the calculation under subparagraph (i)1BII of this paragraph, the schools participating in the community eligibility provision during the pilot year may use the percentage of students identified for free and reduced price meals during the pilot year.

(iii) For the purpose of the calculation under subparagraph (i)1 of this paragraph, direct certification multiplied by the multiplier may be used only for schools that did not exist prior to the year the school system opted into the United States Department of Agriculture community eligibility provision.

(3) (i) For fiscal years 2022 through 2025, “compensatory education per pupil amount” means the following proportions of the target per pupil foundation amount:

1. For fiscal year 2022, 91%;

2. For fiscal year 2023, 89%;

3. For fiscal year 2024, 87%; and

4. For fiscal year 2025, 86%.

(ii) Beginning in fiscal year 2026, “compensatory education per pupil amount” means:

1. For fiscal year 2026, $7,842;

2. For fiscal year 2027, $7,786;

3. For fiscal year 2028, $7,908;

4. For fiscal year 2029, $8,029;

5. For fiscal year 2030, $8,363;

6. For fiscal year 2031, $8,582;

7. For fiscal year 2032, $8,448;

8. For fiscal year 2033, $9,026; and

9. For subsequent fiscal years, the compensatory education per pupil amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar.

(4) “Direct certification” means the certification of the income eligibility of a child under the following programs:

(i) Supplemental Nutrition Assistance Program;

(ii) Temporary Assistance for Needy Families;

(iii) Foster care;

(iv) Head Start;

(v) Even Start;

(vi) Migrant students;

(vii) Homeless students; and

(viii) Medicaid and the Maryland Children’s Health Program, up to 189% of the federal poverty level.

(5) “Eligible for free or reduced price meals” means eligible for free or reduced price meals based on eligibility requirements established by the United States Department of Agriculture.

(b) (1) Each fiscal year, the State shall distribute the State share for compensatory education to each county board.

(2) Each fiscal year, the county board shall distribute to each school the minimum school funding amount for compensatory education calculated under § 5–234 of this subtitle.

(c) (1) Subject to paragraph (3) of this subsection, the State alternative income eligibility form shall be collected by each school that is participating in the United States Department of Agriculture community eligibility provision and may be collected by all other schools.

(2) The State alternative income eligibility form shall:

(i) Be developed by the Department;

(ii) Include a statement indicating that the income information requested on the form is used to determine local and State funding for education; and

(iii) Be available in an electronic format and allow a family to opt out of returning the form to the collecting school.

(3) A school under paragraph (1) of this subsection may not be required to collect the State alternative income eligibility form until the school year after the form has been adopted by the Department after a period of comment from local school systems.
Md. Code, Natural Resources § 5-420 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-420
§5–420.
Status: in_force

The Department shall prepare and conduct examinations as often as necessary, but at least once a year if there are any applicants. A candidate who failed a subject that is part of the examination given may be reexamined in that subject only at any subsequent examination held within 1 year of the date the candidate took the initial examination, and if the candidate passes that subject the candidate is considered to have passed the examination. The Department, however, may decide to reexamine an unsuccessful candidate in every subject.
Md. Code, Corporations and Associations § 5-5A-03 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-03
§5–5A–03.
Status: in_force

A consumer cooperative or a federated cooperative may be incorporated under this subtitle and engage in any lawful business to acquire, produce, manufacture, furnish, or distribute any goods or services on a cooperative basis for the mutual benefit of its members and patrons or the members and patrons of any member cooperative, or both.
Md. Code, Public Safety § 5-204 — MD Code / Article gps / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) In this section, “adjacent state” means Delaware, Pennsylvania, Virginia, or West Virginia.

(b) If a resident of this State is eligible to purchase a rifle or shotgun under the laws of an adjacent state, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in the adjacent state.

(c) If a resident of an adjacent state is eligible to purchase a rifle or shotgun under the laws of this State, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in this State.
Md. Code, Public Utilities § 5-201 — MD Code / Article gpu / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) A public service company may not exercise a franchise granted by law except to the extent authorized by the Commission.

(b) A public service company may not exercise a franchise unless it files with the Commission:

(1) a certified copy of its charter; and

(2) a statement by its president and secretary, signed under oath, that the appropriate local authorities have provided the required consent for the exercise of the franchise.
Md. Code, Education § 5-225 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-225
§5–225.
Status: in_force

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

(2) (i) “Special education enrollment” means the number of students enrolled in a public school in the prior fiscal year who required special education services as defined in the federal Individuals with Disabilities Education Act.

(ii) “Special education enrollment” includes special education students enrolled in a publicly funded prekindergarten program under Title 7, Subtitle 1A of this article.

(iii) “Special education enrollment” does not include students who are enrolled in or attend:

1. The Maryland School for the Blind;

2. The Maryland School for the Deaf; or

3. An educational program operated by the State.

(3) (i) For fiscal years 2022 through 2025, “special education per pupil amount” means the following proportions of the target per pupil foundation amount:

1. For fiscal year 2022, 86%;

2. For fiscal year 2023, 86%;

3. For fiscal year 2024, 92%; and

4. For fiscal year 2025, 99%.

(ii) Beginning in fiscal year 2026, “special education per pupil amount” means:

1. For fiscal year 2026, $9,503;

2. For fiscal year 2027, $10,900;

3. For fiscal year 2028, $12,368;

4. For fiscal year 2029, $14,367;

5. For fiscal year 2030, $16,836;

6. For fiscal year 2031, $17,277;

7. For fiscal year 2032, $17,609;

8. For fiscal year 2033, $18,053; and

9. For subsequent fiscal years, the special education per pupil amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar.

(b) Each school shall use the funds provided under this section to provide the services required by each student’s individualized education program or 504 plans.

(c) (1) Each fiscal year, the State shall distribute the State share for special education to each county board.

(2) Each fiscal year, the county board shall distribute to each school or publicly funded prekindergarten program the minimum school funding amount for special education calculated under § 5–234 of this subtitle.
Md. Code, Economic Development § 5-203 — MD Code / Article gec / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) There is a Maryland Economic Adjustment Fund in the Department.

(b) (1) The Department shall administer the Fund.

(2) The Secretary may:

(i) delegate to any unit in the Department the underwriting, closing, monitoring, and workout functions for Fund loans; or

(ii) contract with another entity to perform these functions.

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

(d) (1) The Fund consists of:

(i) federal money allocated or granted to the Fund, including adjustment implementation grant money designated for the Fund under the Defense Conversion and Defense Economic Adjustment Program of the Economic Development Administration of the United States Department of Commerce;

(ii) private money donated or granted to the Fund;

(iii) money appropriated by the State to the Fund;

(iv) premiums, fees, interest payments, and principal payments on loans made under this subtitle, including a loan financed by the Economic Development Opportunities Program Fund under § 7-314(f) of the State Finance and Procurement Article;

(v) proceeds from the sale, disposition, lease, or rental of collateral relating to loans under this subtitle; and

(vi) any other money made available to the Fund.

(2) This subtitle does not require an appropriation to the Fund from the General Fund of the State, regardless of the availability of other funding sources for the Fund.

(e) (1) The Fund shall be used to:

(i) make loans to new or existing companies with 50 or fewer employees;

(ii) make grants to local or regional governmental or nonprofit economic development revolving loan funds in the State; and

(iii) pay all expenses and disbursements authorized by the Department for administering the Fund.

(2) A loan to an eligible company under this subtitle may include:

(i) advances of loan proceeds for loans; and

(ii) to the extent allowed by the regulations of the federal Economic Development Administration of the United States Department of Commerce, money for expenses for administrative, legal, actuarial, technical, and other services.

(3) Subject to the restrictions of this subtitle, the Department may make a loan from the Fund to an applicant only if:

(i) the applicant meets the qualifications under this subtitle; and

(ii) the applicant meets any additional requirements imposed by the source of the money to be loaned.

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

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

(3) The Treasurer shall submit a report each year to the Department on:

(i) the status of the money invested under this subtitle;

(ii) the market value of the assets in the Fund on the date of the report; and

(iii) the interest received from investments for the Fund during the reporting period.
Md. Code, Natural Resources § 5-503 — MD Code / Article gnr / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

The Department may adopt rules and regulations to administer the provisions of this subtitle.
Md. Code, Corporations and Associations § 5-619 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-619
§5–619.
Status: in_force

(a) Each member of a cooperative is entitled to one vote on each matter submitted to a vote at a meeting of the members.

(b) (1) Voting may be:

(i) In person;

(ii) By proxy;

(iii) By mail;

(iv) By electronic transmission; or

(v) By any other method provided in the bylaws.

(2) Subject to subsection (c) of this section, if the bylaws provide for voting by a method other than in person, they also shall establish the conditions under which voting is allowed.

(c) A person may not vote by proxy for more than three members at any meeting of the members.
Md. Code, Transportation § 5-104 — MD Code / Article gtr / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

(a) Except where granted to and assumed by the federal government under a constitutional grant from the people of this State, sovereignty in the space above the lands and waters of this State rests in this State.

(b) The ownership of the space above the lands and waters of this State is vested in the owner of the surface beneath, subject to:

(1) The right of flight described in § 5-1001 of this title; and

(2) The zoning and related powers set forth in Subtitles 5 through 8 of this title.
Md. Code, Transportation § 5-4A-01 — MD Code / Article gtr / Title 5 / Subtitle 4A / Section 5-4A-01
§5–4A–01.
Status: in_force

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

(i) Designated land on which a privately owned commercial or public use airport is situated; and

(ii) Designated private land proximate to a commercial or public use airport.

(2) “Commercial use airport” means a publicly or privately owned airport at which:

(i) Landing or tie down fees are charged;

(ii) Aviation fuel or oil is sold;

(iii) Space is rented;

(iv) Goods or services are sold; or

(v) Other activities are carried out for remuneration.

(3) “Public use airport” means any publicly or privately owned airport that is open to flight operations by the public.

(b) It is the intent of the Maryland General Assembly to establish and preserve airport districts for the purpose of:

(1) Conserving land that is available for the future development of airports;

(2) Ensuring access to commercial and recreational aviation in the State; and

(3) Protecting airports and land proximate to airports as open space land.

(c) (1) A county or municipal corporation containing a commercial or public use airport may:

(i) Establish a policy for preserving land for airports;

(ii) Establish airport districts;

(iii) Acquire an easement for development rights in an airport district;

(iv) Alter or abolish an easement in an airport district; and

(v) Promote the preservation of airports in the county or municipal corporation by offering information and assistance to affected landowners with respect to the establishment of an airport district and the purchase of an easement.

(2) (i) A county or municipal corporation that establishes an airport district shall establish the airport district by ordinance.

(ii) The establishment of an airport district may not take effect until all landowners in the proposed airport district have executed and recorded along with land records an agreement with the county or municipal corporation stipulating that:

1. After the establishment of the airport district the landowner may agree to keep the landowner’s land compatible with airport use in accordance with this section; and

2. The landowner has the right to offer to sell to the county or municipal corporation under the provisions of this subtitle an easement for development rights in the landowner’s land.

(3) In designating land as an airport district or acquiring an easement in an airport district, a county or municipal corporation shall:

(i) Solicit from the county or municipal corporation planning and zoning body a study of the impact of an easement before acquiring an easement in an airport district;

(ii) Consider current local regulations;

(iii) Consider local patterns of land development; and

(iv) Consider local priorities for the preservation of airport land.

(4) (i) A county or municipal corporation shall hold a public hearing before acquiring an easement in an airport district.

(ii) A county or municipal corporation shall provide adequate notice to all landowners in the proposed airport district and all interested parties before holding a public hearing.

(d) A county or municipal corporation may coordinate its acquisition of an easement in an airport district with other programs and shall dedicate such funds to the acquisition as it considers appropriate.

(e) (1) Except as otherwise provided in this subsection, a landowner whose land is subject to an easement may not use the land for a commercial, industrial, or residential purpose.

(2) (i) A landowner may exclude from the easement restrictions 1 acre for each single dwelling that exists at the time of the sale of the easement, by a land survey and recordation provided at the expense of the owner.

(ii) 1. Before an exclusion is granted under subparagraph (i) of this paragraph, an owner shall agree with the county or municipal corporation not to subdivide further for residential purposes land allowed to be excluded.

2. This agreement shall be recorded among the land records where the land is located and shall bind all future owners.

(3) An easement in an airport district may not restrict a landowner from engaging in commercial or other activities involving agriculture, forestry, topographical enhancement, or other activities that are compatible with the future development of an airport.

(4) An easement in an airport district may not prevent a landowner from engaging in commercial or other activities on the land related to normal airport operations including, but not limited to, the sale of maintenance products and services, and training schools.

(f) Acquisition of an easement by a county or municipal corporation does not grant to the public a right of access or right of use of the airport district.

(g) A county or municipal corporation may adopt regulations and procedures for administering this section.

(h) Nothing in this section shall prohibit a landowner from selling the landowner’s property.

(i) (1) The county or municipal corporation may review the use of land in an airport district and alter or abolish an airport district.

(2) The county or municipal corporation shall distribute funds acquired from the sale of an easement in an airport district to the county’s or municipal corporation’s general fund.

(j) In the event of condemnation of land under an airport preservation easement, the condemning authority shall pay:

(1) To the landowner the full amount that the landowner would be entitled to if the land was not under easement, less any amount paid to the landowner by the county or municipal corporation for the easement; and

(2) To the county or municipal corporation, to be deposited into the county’s or municipal corporation’s general fund, the value of the easement.
Md. Code, Corporations and Associations § 5-329 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-329
§5–329.
Status: in_force

(a) Except as provided in subsection (b) of this section, this part applies to every religious corporation formed in this State by a Presbyterian Church that is subject to the jurisdiction of the United Presbyterian Church in the United States of America.

(b) This part does not apply to any Presbyterian Church incorporated by special act of the General Assembly.
Md. Code, Family Law § 5-705.3 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-705.3
§5–705.
Status: in_force

§5–705.3.

In addition to any other provision of law relating to child abuse and neglect, a local department that receives a report of suspected child abuse under § 5–704 or § 5–705 of this subtitle shall notify the State Superintendent of Schools’ designee within 48 hours if the report concerns:

(1) a family child care home or large family child care home; or

(2) a child care center.
Md. Code, Labor and Employment § 5-1102 — MD Code / Article gle / Title 5 / Subtitle 11 / Section 5-1102
§5–1102.
Status: in_force

(a) A health care facility shall establish a workplace safety committee to establish and administer a workplace safety program.

(b) The workplace safety committee established under subsection (a) of this section shall be composed of an equal number of employees who work in management and employees who do not work in management.
Md. Code, Financial Institutions § 5-512 — MD Code / Article gfi / Title 5 / Subtitle 5 / Section 5-512
§5–512.
Status: in_force

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

(2) “Commercial loan” means a loan that is made:

(i) Solely to acquire or carry on a business or commercial enterprise; or

(ii) To any business or commercial organization.

(3) “Consumer loan” means a loan that is made primarily for personal, family, or household purposes.

(4) “Executive officer” has the meaning stated in Title 12 of the Code of Federal Regulations, § 215.2.

(b) Unless the loan is approved or exempted from approval as provided in this section, the following persons may not borrow, directly or indirectly, any money from a banking institution:

(1) Any director, officer, or employee of the banking institution;

(2) Any partnership of which the director, officer, or employee is a member; or

(3) Any corporation in which the director, officer, or employee is an officer or owns the majority interest.

(c) This section does not require approval of:

(1) A commercial loan that is made to:

(i) A director of the banking institution, unless the director also is an officer or employee of the banking institution;

(ii) A partnership of which the director is a member, unless an officer or employee of the banking institution also is a member of that partnership; or

(iii) A corporation in which the director holds any interest, unless an officer or employee of the banking institution is an officer or owns the majority interest in that corporation; or

(2) A loan that is:

(i) A consumer loan; and

(ii) Is made to an employee of a banking institution who is not an executive officer or director of the banking institution.

(d) (1) A loan to a director, officer, or employee of a banking institution may be made only if the loan has been approved by a resolution adopted at and recorded in the minutes of a meeting of:

(i) The board of directors of the banking institution; or

(ii) The executive committee of the banking institution, if that committee is authorized to make loans.

(2) If a loan is approved by an executive committee, the loan approval shall be reported to the board of directors at its next meeting.

(e) (1) A loan made under this section shall be reviewed every 6 months by the board of directors.

(2) The loan may not be renewed or extended unless the renewal or extension has been approved by a resolution adopted at a meeting of the board of directors and recorded in the minutes of the meeting.

(f) All loans to a director, officer, or employee of a banking institution are subject to the limitations imposed by § 3-601 of this article.
Md. Code, Financial Institutions § 5-806 — MD Code / Article gfi / Title 5 / Subtitle 8 / Section 5-806
§5–806.
Status: in_force

(a) Except for a bank, trust company, savings bank, or savings and loan association that is authorized to do business in this State, a person may not use any name, title, or other words that represent that the person is authorized to do the business of banking in this State.

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

(ii) 1. “Bank” means any bank, trust company, savings bank, or savings and loan association that is authorized to do business in this State, and any subsidiary or affiliate of the entity.

2. “Bank” includes any Farm Credit System institution in this State.

(iii) “Name” means the name, trade name, trademark, service mark, logo, or tagline used by a bank to identify itself.

(2) Except with the consent of the bank, a person may not use the name of a bank or any term or design that is similar to the name of a bank in any marketing material provided to another person or in any solicitation of another person in a manner that may cause a reasonable person to be confused, mistaken, or deceived that the marketing material or solicitation:

(i) Originated from the bank;

(ii) Originated from someone affiliated, connected, or associated with the bank;

(iii) Is approved or sponsored by the bank; or

(iv) Is the responsibility of the bank.

(c) In addition to any other remedies a bank may have under any other provision of law, a bank that is affected by a violation of subsection (b) of this section may bring an action against the person that committed the violation to recover:

(1) Actual damages sustained as a result of the violation;

(2) Either:

(i) All profits attributable to the violation; or

(ii) $1,000 for each violation; and

(3) Court costs and reasonable attorney’s fees.

(d) Any person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $3,000 or imprisonment not exceeding 5 years or both.
Md. Code, Transportation § 5-304 — MD Code / Article gtr / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) (1) The Administration may adopt rules and regulations providing for:

(i) The licensing of commercial use airports and public use airports; and

(ii) The annual renewal of airport licenses.

(2) For an airport license, the Administration may charge a license fee of not more than:

(i) $25 for each original license; and

(ii) $10 for each renewal.

(b) If the Administration provides for the licensing of these airports, a person may not operate a commercial use airport or a public use airport unless the person has an airport license as required by the rules and regulations of the Administration.

(c) On receipt of an application for an original license under this section and payment of the required fee, the Administration shall issue the appropriate license, with reasonable promptness, if it is satisfied that:

(1) The site is adequate for the airport;

(2) The airport meets minimum standards of safety, which may not be more stringent than those standards, if any, recommended by the Federal Aviation Administration for similar airports;

(3) Safe air traffic patterns have been worked out for the airport and for all existing airports and approved airport sites in its vicinity; and

(4) The airport operator has complied with the requirements of this title on environmental noise control.

(d) (1) The Administration may issue an airport license or renewal subject to any reasonable condition that it considers necessary to fulfill any purpose of this subtitle.

(2) Before renewal of an airport license and at any other reasonable time, the Administration may require that the airport operator provide the Administration with a list, by serial number and description, of all aircraft, based at the airport for which renewal is sought and the names and addresses of their owners.

(e) (1) The Administration may suspend an airport license pending a hearing if it reasonably determines that:

(i) A condition exists that endangers the lives or property of persons using the airport or that endangers the occupants of the land near the airport; and

(ii) It is in the interest of public safety and the general welfare to stop use of the airport.

(2) After notice to the licensee and opportunity for hearing, the Administration may revoke or refuse to renew an airport license if it reasonably determines that:

(i) The site has been abandoned as an airport;

(ii) There has been a failure to comply with the conditions of the license or renewal;

(iii) Because of a change of physical or legal conditions or circumstances, the airport has become unsafe or unusable for the purposes for which the license or renewal was issued; or

(iv) The airport operator has failed to comply with the requirements of this title on environmental noise control.
Md. Code, Public Safety § 5-802 — MD Code / Article gps / Title 5 / Subtitle 8 / Section 5-802
§5–802.
Status: in_force

(a) The Center is established within the Department as a statewide firearms enforcement center for the tracking, screening, and vetting of all:

(1) firearm crimes committed in the State; and

(2) firearms surrendered under final protective orders in the State.

(b) This subtitle shall be liberally construed and applied to promote its underlying purposes and policies.
Md. Code, Transportation § 5-903 — MD Code / Article gtr / Title 5 / Subtitle 9 / Section 5-903
§5–903.
Status: in_force

(a) If the Administration provides for the licensing of air schools, a person may not operate an air school unless the person has an air school license as required by the rules and regulations of the Administration.

(b) A person may not give instruction in flying for compensation unless he is an authorized flight instructor under federal law.
Md. Code, Economic Development § 5-1305 — MD Code / Article gec / Title 5 / Subtitle 13 / Section 5-1305
§5–1305.
Status: in_force

(a) (1) A political subdivision may apply to the Secretary to expand an existing BRAC Revitalization and Incentive Zone in the same manner as the political subdivision would apply to designate a new BRAC Revitalization and Incentive Zone.

(2) The Secretary may grant an expansion of a BRAC Revitalization and Incentive Zone into an area that meets the requirements of § 5–1303 of this subtitle.

(3) For purposes of § 5–1304(a) of this subtitle, an expansion of a BRAC Revitalization and Incentive Zone that does not exceed 50% of the existing geographic area of the BRAC Revitalization and Incentive Zone does not count towards the limit on the number of BRAC Revitalization and Incentive Zones that:

(i) the Secretary may designate in a calendar year; or

(ii) a county may receive.

(b) (1) The Secretary may grant an extraordinary expansion of a BRAC Revitalization and Incentive Zone in the State each calendar year for an area that:

(i) meets the requirements of § 5–1303 of this subtitle; and

(ii) in the determination of the Secretary, is of strategic importance to the economic development interests of the county in which the BRAC Revitalization and Incentive Zone is located.

(2) For purposes of § 5–1304(a) of this subtitle, an extraordinary expansion of a BRAC Revitalization and Incentive Zone does not count towards the limit on the number of BRAC Revitalization and Incentive Zones that:

(i) the Secretary may designate in a calendar year; or

(ii) a county may receive.

(3) The Secretary may not grant more than two extraordinary expansions in the State during a single calendar year.
Md. Code, Financial Institutions § 5-708 — MD Code / Article gfi / Title 5 / Subtitle 7 / Section 5-708
§5–708.
Status: in_force

A banking institution shall be open for business or shall be closed on optional bank holidays, as the directors of the banking institution may specify by resolution.
Md. Code, State Finance and Procurement § 5-613 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-613
§5–613.
Status: in_force

The Plan shall contain recommendations concerning the need for and the proposed general location of major public works and private facilities, including utilities, flood control works, water reservoirs, pollution control facilities, and military or defense installations, that are of State, as opposed to purely local or regional, concern because of:

(1) their function, size, extent, or legal status;

(2) the fact that their authorization, location, or construction is legally under the jurisdiction of a unit of the State government; or

(3) any other reason that makes inclusion in the Plan appropriate.
Md. Code, State Personnel and Pensions § 5-202 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) There is an Equal Employment Opportunity Program, which is under the authority of the Secretary.

(b) The purpose of the Program is to ensure a system based on merit that provides equal opportunity in employment on the basis of merit and fitness.

(c) The following employees and applicants for employment are included in the Program:

(1) an employee in any unit of the Executive Branch of State government, including a unit with an independent personnel system; and

(2) an applicant for a position in the skilled service, professional service, or management service, of the State Personnel Management System or a comparable position in an independent personnel system in the Executive Branch of State government.
Md. Code, Transportation § 5-616 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-616
§5–616.
Status: in_force

(a) A political subdivision that owns, controls, or operates an airport may acquire, by purchase, grant, lease, or condemnation, any property, including any air right or interest, needed to eliminate an airport hazard, to protect the aerial approaches to the airport, or to effectuate the purpose of this subtitle, if:

(1) A nonconforming use, structure, or tree or other vegetation is an airport hazard, and it is necessary or desirable to remove, lower, or otherwise terminate it;

(2) Because of constitutional limitations, the aerial approaches to the airport cannot be made or kept safe by airport zoning regulations adopted under this subtitle;

(3) It is advantageous to make and keep aerial approaches to the airport safe by the acquisition of property rather than by airport zoning regulations; or

(4) Any zoning regulation or any action of a zoning authority interferes with the use or enjoyment of private property or otherwise infringes on private property rights so much that it would be taking of private property without the just compensation required by the Constitution of the United States or the Maryland Constitution.

(b) Any condemnation of property under this section shall be under the law by which the political subdivision may condemn property for public purposes other than street purposes or, if it has no such law, under Title 12 of the Real Property Article.
Md. Code, Natural Resources § 5-908.1 — MD Code / Article gnr / Title 5 / Subtitle 9 / Section 5-908.1
§5–908.
Status: in_force

§5–908.1.

(a) The Secretary:

(1) May:

(i) Execute leases of land, buildings, or facilities at Somers Cove Marina;

(ii) Procure and execute contracts for operations, maintenance, management, improvements, events, or concessions at Somers Cove Marina in accordance with Division II of the State Finance and Procurement Article;

(iii) Employ a marina manager who is responsible for the day–to–day operations of Somers Cove Marina;

(iv) Employ additional staff to operate and maintain Somers Cove Marina; and

(v) Assess slip and other fees and charges as necessary to operate, maintain, manage, and improve Somers Cove Marina; and

(2) Shall:

(i) If applicable, set the compensation for a manager and staff employed under item (1)(iii) and (iv) of this section;

(ii) On or before October 1, 2027, develop a master plan for the operations, maintenance, development, and improvement of Somers Cove Marina that improves services to the general boating public; and

(iii) On or before October 1, 2032, and October 1 every 5 years thereafter, update the master plan developed under item (ii) of this item.

(b) All revenue received by the Department from managing, operating, maintaining, improving, and developing Somers Cove Marina shall be deposited into the Natural Resources Property Maintenance Fund established under § 5–909 of this subtitle.
Md. Code, Family Law § 5-539.2 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-539.2
§5–539.
Status: in_force

§5–539.2.

(a) (1) A local government may establish a local citizens review panel to assist and advise the State Board and the State Council on Child Abuse and Neglect.

(2) Two or more counties may establish a multicounty local citizens review panel, in accordance with a memorandum of understanding executed by the governing bodies of each participating county.

(b) Except as provided in subsection (c)(2) of this section, the members and chair of a local citizens review panel shall be appointed by the local governing body.

(c) Membership on a local citizens review panel shall be representative of the local jurisdiction and include:

(1) individuals with expertise in the prevention and treatment of child abuse and neglect, such as child advocates, volunteers of the court–appointed special advocate program, attorneys who represent children, parent and consumer representatives, law enforcement representatives, and health, human, and educational services professionals; and

(2) one member from the local jurisdiction, who is appointed by the State Board and one who is appointed by the State Council on Child Abuse and Neglect.

(d) (1) The term of a member is 4 years.

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

(e) A local panel shall:

(1) evaluate the extent to which State and local agencies in that jurisdiction are effectively fulfilling their responsibilities in accordance with the child protection standards and the State plan under 42 U.S.C. § 5106a(b) and any other criteria that the panel considers important for the protection of children;

(2) issue reports on its findings to the State Board and the State Council on Child Abuse and Neglect; and

(3) carry out case reviews and other duties as requested to assist the State Board and the State Council on Child Abuse and Neglect.
Md. Code, General Provisions § 5-871 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-871
§5–871.
Status: in_force

If the County Council enacts a local law under § 5–870 of this subtitle, the Anne Arundel County Ethics Commission shall administer and implement the provisions of the local law.
Md. Code, Family Law § 5-301 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

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

(b) “Caregiver” means a person with whom a child resides and who exercises responsibility for the welfare of the child.

(c) “Child” means an individual who is the subject of a guardianship or adoption petition under this subtitle.

(d) “Developmental disability” has the meaning stated in § 3–801 of the Courts Article.

(e) “Guardianship” means an award, under this subtitle, of any power of a guardian.

(f) “Identifying information” means information that reveals the identity or location of an individual.

(g) (1) “Parent” means an individual who, at the time a petition for guardianship is filed under this subtitle or at any time before a court terminates the individual’s parental rights:

(i) meets a criterion in § 5–306(a) of this subtitle; or

(ii) is the mother.

(2) “Parent” does not include an individual whom a court has adjudicated not to be a father or mother of a child.

(h) “Party” means:

(1) in a guardianship case under this subtitle:

(i) the child;

(ii) except as provided in § 5–326(a)(3)(iii) of this subtitle, the child’s parent; and

(iii) the local department to which the child is committed;

(2) in an adoption case under Part III of this subtitle:

(i) the child;

(ii) the child’s parent; and

(iii) the individual seeking adoption;

(3) in an adoption case under Part IV of this subtitle:

(i) the child; and

(ii) the individual seeking adoption; and

(4) if express reference is made to a CINA case, a governmental unit or person defined as a party in § 3–801 of the Courts Article.
Md. Code, Natural Resources § 5-1105 — MD Code / Article gnr / Title 5 / Subtitle 11 / Section 5-1105
§5–1105.
Status: in_force

Unless otherwise agreed in writing, the provisions of §§ 5–1103 and 5–1104 of this subtitle are applicable to any duty and liability of an owner of land leased to the State or any of its political subdivisions for any recreational or educational purpose.
Md. Code, State Finance and Procurement § 5-501 — MD Code / Article gsf / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

(a) The Department is the central depository for all land use plans and all amendments and revisions to land use plans adopted by:

(1) a unit of the State government;

(2) a unit of a regional government;

(3) a unit of a local government; or

(4) an interstate agency.

(b) Each unit of government or agency listed in subsection (a) of this section shall submit to the Department a current version of all adopted land use plans and all adopted amendments and revisions to land use plans.

(c) The Department shall post on its website a copy of all adopted land use plans and all adopted amendments and revisions to land use plans that are submitted to the Department under this section in an electronic format.
Md. Code, Insurance § 5-313 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-313
§5–313.
Status: in_force

(a) Except as provided in subsection (e) or (g) of this section, for life insurance policies, accident and health insurance contracts, and deposit–type contracts issued on or after the operative date of the valuation manual, the standard prescribed in the valuation manual is the minimum standard of valuation.

(b) The operative date of the valuation manual is January 1 of the first calendar year following the first July 1 as of which all of the following have occurred:

(1) the valuation manual has been adopted by NAIC by an affirmative vote of at least 42 members or 75% of the members voting, whichever is greater;

(2) the Standard Valuation Law, as amended by NAIC in 2009, or legislation including substantially similar terms and provisions, has been enacted by states representing greater than 75% of the direct premiums written, as reported in the following annual statements submitted for 2008:

(i) life, accident, and health annual statements;

(ii) health annual statements; or

(iii) fraternal annual statements; and

(3) the Standard Valuation Law, as amended by NAIC in 2009, or legislation including substantially similar terms and provisions, has been enacted by at least 42 of the following 55 jurisdictions:

(i) the 50 states of the United States;

(ii) American Samoa;

(iii) the U.S. Virgin Islands;

(iv) the District of Columbia;

(v) Guam; and

(vi) Puerto Rico.

(c) Unless a change in the valuation manual specifies a later effective date, changes to the valuation manual shall be effective on January 1 following the date when the change to the valuation manual has been adopted by NAIC by an affirmative vote representing:

(1) at least 75% of the members of NAIC voting, but not less than a majority of the total membership; and

(2) members of NAIC representing jurisdictions totaling greater than 75% of the direct premiums written, as reported in the following annual statements most recently available before the vote under item (1) of this subsection:

(i) life, accident, and health annual statements;

(ii) health annual statements; or

(iii) fraternal annual statements.

(d) (1) The valuation manual shall specify the following:

(i) the minimum valuation standards for each type of life insurance policy, accident and health insurance contract, and deposit–type contract issued by a company on or after the operative date of the valuation manual;

(ii) the policies and contracts or types of policies and contracts that are subject to the requirements of a principle–based valuation under § 5–314 of this subtitle and the minimum valuation standards consistent with those requirements;

(iii) for policies and contracts subject to a principle–based valuation under § 5–314 of this subtitle:

1. requirements for the format of reports to the Commissioner required under § 5–314(b)(1)(iii) of this subtitle, including the information necessary to determine if the principle–based valuation is appropriate and in compliance with this subtitle;

2. required assumptions for risks over which a company does not have significant control or influence; and

3. procedures for corporate governance and oversight of the actuarial function and a process for appropriate waiver or modification of those procedures;

(iv) any other requirements, including requirements relating to reserve methods, models for measuring risk, generation of economic scenarios, assumptions, margins, use of company experience, risk measurement, disclosure, certifications, reports, actuarial opinions and memoranda, transition rules, and internal controls; and

(v) the data and the form of the data required under § 5–315 of this subtitle, the person to whom the data must be submitted, and any other requirements considered necessary, including requirements relating to data analysis and reporting of analyses.

(2) The minimum valuation standards required under paragraph (1)(i) of this subsection shall be known as:

(i) the Commissioners reserve valuation method for life insurance policies, other than annuity contracts;

(ii) the Commissioners annuity reserve valuation method for annuity contracts; and

(iii) minimum reserves for all other policies or contracts.

(3) For policies and contracts not subject to a principle–based valuation under § 5–314 of this subtitle, the minimum valuation standard shall:

(i) be consistent with the minimum standard of valuation before the operative date of the valuation manual; or

(ii) develop reserves that quantify the benefits and guarantees, and the funding, associated with the policies and contracts and their risks at a level of conservatism that reflects conditions that include unfavorable events that have a reasonable probability of occurring.

(e) In the absence of a specific valuation requirement, or if a specific valuation requirement in the valuation manual is not, in the opinion of the Commissioner, in compliance with this subtitle, a company, with respect to the requirement, shall comply with the minimum valuation standard prescribed by the Commissioner by regulation.

(f) (1) The Commissioner may engage a qualified actuary at the expense of the company to:

(i) perform an actuarial examination of a company and opine on the appropriateness of any reserve assumption or method used by the company; or

(ii) review and opine on a company’s compliance with any requirement under this subtitle.

(2) The Commissioner may rely on the opinion of a qualified actuary issued while the qualified actuary was employed by or under contract with the insurance supervisory official of another state.

(g) (1) The Commissioner may require a company to change any assumption or method used by the company if, in the opinion of the Commissioner, the change is necessary to comply with the requirements of the valuation manual or this subtitle.

(2) The company shall adjust the company’s reserves as required by the Commissioner.
Md. Code, Corporations and Associations § 5-308 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

(a) A religious corporation may amend its plan or charter as provided in this section.

(b) A majority of the trustees of a religious corporation proposing to amend its plan or charter shall:

(1) Adopt a resolution which declares that the amendment is advisable; and

(2) Call a meeting of the adult members of the religious corporation to vote on the amendment.

(c) Ten days written notice of the time, place, and purpose of the meeting shall be given to each adult member of the religious corporation by:

(1) Delivering it to him in person;

(2) Leaving it at his residence or usual place of business; or

(3) Mailing it to him at his address as it appears in the record book.

(d) The proposed amendment shall be approved by the affirmative vote of a majority of the adult members present at the meeting.
Md. Code, Human Services § 5-5B-04 — MD Code / Article ghu / Title 5 / Subtitle 5B / Section 5-5B-04
§5–5B–04.
Status: in_force

(a) If an applicant has an impairment that is expected to last at least 12 months, the applicant shall:

(1) pursue Supplemental Security Income; and

(2) sign an interim payment reimbursement authorization that:

(i) gives the Social Security Administration authority to mail the applicant’s payments to the Department or the local department; and

(ii) authorizes the Department or local department to deduct from the payments an amount equal to the assistance granted the applicant under this subtitle.

(b) A recipient who is otherwise eligible under this subtitle may not receive assistance for more than 9 months in a 36–month period, unless the recipient:

(1) has been certified as medically disabled by a licensed health care provider on the medical form required under § 5–5B–05 of this subtitle; and

(2) has a pending application for Supplemental Security Income that has not been withdrawn or finally denied.
Md. Code, Corporations and Associations § 5-6B-26.2 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-26.2
§5–6B–26.
Status: in_force

§5–6B–26.2.

A cooperative housing corporation in Prince George’s County shall register with the Community Association Registry and pay any fees as required under § 14–131 of the Real Property Article.
Md. Code, Business Regulation § 5-703 — MD Code / Article gbr / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

This subtitle applies only to preneed burial contracts made on or after October 1, 1984.
Md. Code, Business Regulation § 5-711 — MD Code / Article gbr / Title 5 / Subtitle 7 / Section 5-711
§5–711.
Status: in_force

(a) If the Director finds that a seller 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, Insurance § 5-904 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-904
§5–904.
Status: in_force

(a) Except as provided in §§ 3–124 and 3–125 of this article for bulk reinsurance, an insurer may reinsure all or part of a particular risk.

(b) (1) Credit shall be allowed under subsection (c), (d), or (e) of this section with respect to cessions of those kinds or classes of business that the assuming insurer is licensed or otherwise allowed to write or assume in its state of domicile or, in the case of a United States branch of an alien assuming insurer, in the state through which it is entered and licensed to transact insurance or reinsurance.

(2) Credit shall be allowed under subsection (e) or (f) of this section only if the applicable requirements of § 5–913 of this subtitle have been satisfied.

(c) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is licensed to transact insurance or reinsurance in this State.

(d) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is accredited by the Commissioner as a reinsurer in this State in accordance with § 5–906 of this subtitle.

(e) Subject to the requirements of § 5–913 of this subtitle, credit shall be allowed when the reinsurance is ceded to an assuming insurer that maintains a trust fund meeting the requirements of § 5–907 of this subtitle in a qualified United States financial institution for the payment of the valid claims of its United States ceding insurers and their assigns and successors in interest.

(f) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that has been certified by the Commissioner as a reinsurer in this State in accordance with §§ 5–908 and 5–909 of this subtitle and secures its obligations in accordance with the requirements of § 5–911 of this subtitle.

(g) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of subsection (c), (d), (e), or (f) of this section, but only as to the insurance of risks located in jurisdictions where the reinsurance is required by the applicable law or regulation of that jurisdiction.
Md. Code, Labor and Employment § 5-319 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-319
§5–319.
Status: in_force

An applicant for a temporary variance shall apply before the effective date of the regulation or part of a regulation from which the temporary variance is sought.
Md. Code, Criminal Procedure § 5-213.1 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-213.1
§5–213.
Status: in_force

§5–213.1.

(a) A person, including an incarcerated person, may not violate a condition of pretrial or posttrial release or other pretrial or posttrial condition prohibiting the person from contacting, harassing, or abusing an alleged victim or going in or near an alleged victim’s residence or place of employment if the person is charged with committing:

(1) a violation of Title 3, Subtitle 3 of the Criminal Law Article against a victim who is a minor;

(2) a crime of violence as defined in § 5–101 of the Public Safety Article;

(3) a crime against a victim who is a person eligible for relief as defined in § 4–501 of the Family Law Article; or

(4) a violation of § 3–802 of the Criminal Law Article.

(b) A person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days.
Md. Code, Economic Development § 5-1405 — MD Code / Article gec / Title 5 / Subtitle 14 / Section 5-1405
§5–1405.
Status: in_force

(a) The Secretary shall assign to a RISE zone a business and community development concierge who is an employee of the Department.

(b) A business and community development concierge shall assist entities locating in the RISE zone with:

(1) State, county, or municipal corporation permit and license applications;

(2) accessing existing programs at the Department, the Department of Housing and Community Development, the Maryland Department of Labor, the Maryland Technology Development Corporation, or the Department of Transportation; and

(3) any other activities the Secretary authorizes that relate to the development of the RISE zone.
Md. Code, Health - General § 5-507 — MD Code / Article ghg / Title 5 / Subtitle 5 / Section 5-507
§5–507.
Status: in_force

(a) A person who violates any provision of § 5-502, § 5-503, § 5-504, or § 5-505 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

(b) A person who violates any provision of § 5-506(b) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $200 or imprisonment not exceeding 6 months.
Md. Code, Environment § 5-102 — MD Code / Article gen / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

An appropriation or use permit under § 5-502 of this title may not be refused for domestic use of a well on a farm.
Md. Code, Economic Development § 5-507 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-507
§5–507.
Status: in_force

(a) The Authority shall elect a chair, vice chair, and treasurer from among its members.

(b) The Authority shall determine the manner of election of officers and their terms.
Md. Code, Corporations and Associations § 5-5A-25 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-25
§5–5A–25.
Status: reserved

(a) (1) A cooperative may divide itself into 2 or more cooperatives under this subtitle.

(2) A written plan of division shall be prepared by the board or by a committee selected by the board for that purpose.

(3) The plan shall set forth all the terms of the division and its proposed effect on all members and stockholders of the cooperative.

(4) The plan shall contain the articles of incorporation of each new cooperative being formed and any amendments to the articles of incorporation of the remaining cooperative.

(b) The members and stockholders entitled to vote shall approve the plan in the manner provided for amendments to the articles of incorporation. This provision is reserved for the members and may not be the prerogative of the delegates.

(c) (1) Articles of division shall set forth the approved plan and shall be filed and recorded as an amendment to the articles of incorporation.

(2) Each part of the plan that contains the articles of incorporation of a new cooperative shall be filed separately and recorded as articles of incorporation for the new cooperative.
Md. Code, Family Law § 5-544 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-544
§5–544.
Status: in_force

The goals of each local board are:

(1) as to minor children who reside in out–of–home care under the jurisdiction of a local department, to conduct case reviews and individual child advocacy activities in accordance with those case reviews under the protocols established by the State Board;

(2) in cooperation with other local boards, if any, in the county, to make recommendations regarding how the out–of–home care system may be improved;

(3) to coordinate its findings and recommendations under item (2) of this section with a local citizens review panel serving the county;

(4) to meet with the director of the local department and the judge in charge of the juvenile court in the county to discuss the board’s findings and recommendations; and

(5) to assist the State Board in holding community forums as required in § 5–539.1 of this subtitle.
Md. Code, State Personnel and Pensions § 5-301 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

(a) This subtitle applies to:

(1) all employees and State employees who are applicants for positions in the Executive Branch of State government, including a unit with an independent personnel system; and

(2) if both the Commonwealth of Virginia and the District of Columbia enact similar whistleblower protections or waive their sovereign immunity as applied to the Washington Metropolitan Area Transit Authority for the purpose of providing whistleblower protections, all employees of the Washington Metropolitan Area Transit Authority.

(b) For the purpose of subsection (a)(2) of this section, the General Assembly considers the following whistleblower protection laws to be similar to whistleblower protection laws established under Title 5, Subtitle 3 of the State Personnel and Pensions Article:

(1) the District of Columbia’s Employees of District Contractors and Instrumentality Whistleblower Protection Act, Title 2, Chapter 2, Subchapter XII of the Code of the District of Columbia; and

(2) the Commonwealth of Virginia’s Fraud and Abuse Whistleblower Protection Act, Title 2.2, Chapter 30.1 of the Code of Virginia.
Md. Code, Health - General § 5-202 — MD Code / Article ghg / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) An individual is dead if, based on ordinary standards of medical practice, the individual has sustained either:

(1) Irreversible cessation of circulatory and respiratory functions; or

(2) Irreversible cessation of all functions of the entire brain, including the brain stem.

(b) (1) This subsection does not apply to the removal of a vital organ while the individual is alive, if the individual gives informed consent to the removal.

(2) A pronouncement of death under this section shall be made before any vital organ is removed for transplantation.
Md. Code, Commercial Law § 5-101 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

This title may be cited as the Maryland Uniform Commercial Code - Letters of Credit.
Md. Code, Election Law § 5-903 — MD Code / Article gel / Title 5 / Subtitle 9 / Section 5-903
§5–903.
Status: in_force

(a) (1) If a candidate for Lieutenant Governor dies, withdraws the candidacy, or becomes disqualified for any reason after the deadline for filing a certificate of candidacy for a primary election under § 5–303 of this title, the remaining candidate for Governor of that unit may designate a successor candidate for Lieutenant Governor.

(2) Provided the successor candidate for Lieutenant Governor files a certificate of candidacy in accordance with subsection (b) of this section, the name of the successor candidate for Lieutenant Governor shall appear on the ballot.

(b) (1) The successor candidate for Lieutenant Governor designated by the candidate for Governor under subsection (a) of this section shall file a certificate of candidacy with the State Board.

(2) The certificate of candidacy shall be filed:

(i) by the fifth day following the withdrawal deadline specified under § 5–502 of this title, if the former Lieutenant Governor candidate files a certificate of withdrawal; or

(ii) by the fifth day following the death or disqualification of the former Lieutenant Governor candidate, if that former candidate dies or is disqualified less than 70 days before the day of the primary election.

(3) A certificate of candidacy for a successor candidate for Lieutenant Governor under subsection (b)(2)(ii) of this section may not be filed less than 65 days before the day of the primary election.

(c) If the death or disqualification of a former Lieutenant Governor candidate occurs less than 65 days before the day of the primary election, the existing Governor and Lieutenant Governor unit whose filing is complete:

(1) shall remain on the ballot; and

(2) if nominated, a vacancy in the nomination of the candidate for Lieutenant Governor shall be declared and be filled under § 5–1005(b) of this title as if the death or disqualification had occurred after the primary election.
Md. Code, State Finance and Procurement § 5A-336 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-336
§5A–336.
Status: in_force

(a) There is an Advisory Committee on Archaeology.

(b) (1) The Committee consists of seven members appointed by the Governor on recommendation of the Secretary and with the advice and consent of the Senate.

(2) The Committee shall include representatives of reputable museums, institutions of higher education, other recognized scientific or historical institutions or organizations, and qualified private firms that provide archaeological services.

(c) Each member of the Committee shall have skill and knowledge in archaeological matters.

(d) (1) The term of a member is 3 years and begins on July 1.

(2) The terms of members are staggered as required by the terms provided for members of the Committee on October 1, 2005.

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

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

(e) The Committee shall elect a chair from among its members.

(f) (1) The Committee shall meet at least four times a year at the times and places that the chair sets.

(2) At every meeting at least one of the following officers shall attend:

(i) the Chief Archaeologist;

(ii) the State Terrestrial Archaeologist; or

(iii) the State Underwater Archaeologist.

(g) A member of the Committee:

(1) may not receive compensation for duties performed as a member; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(h) The Committee shall:

(1) advise and assist the Archaeology Office on archaeological matters; and

(2) review policies, plans, and regulations relating to archaeological matters.
Md. Code, Transportation § 5-608 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

(a) (1) For purposes of this subtitle, the legislative body of the political subdivision shall appoint an airport zoning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced.

(2) A zoning board of appeals of the political subdivision may be designated as the airport zoning commission.

(b) The commission shall make a preliminary report and hold a public hearing on it before submitting its final report. The legislative body may not hold its public hearings or take any action until it receives the final report of the commission.
Md. Code, Natural Resources § 5-425 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-425
§5–425.
Status: in_force

The General Assembly finds and declares that forests and trees are an important and necessary part of the urban and community environment and that the retention, enhancement, and management of these forests and trees by local governments is in the best interest of the citizens of this State.
Md. Code, Public Safety § 5-610 — MD Code / Article gps / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

(a) A person who fails to comply with the provisions of an interim extreme risk protective order, a temporary extreme risk protective order, or a final extreme risk protective order under this subtitle is guilty of a misdemeanor and on conviction is subject to:

(1) for a first offense, a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both; and

(2) for a second or subsequent offense, a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.

(b) A law enforcement officer shall arrest with or without a warrant and take into custody a person who the officer has probable cause to believe is in violation of an interim, temporary, or final extreme risk protective order in effect at the time of the violation.
Md. Code, Economic Development § 5-562 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-562
§5–562.
Status: in_force

There is a Small Business Surety Bond Fund.
Md. Code, Economic Development § 5-564 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-564
§5–564.
Status: in_force

The Fund consists of:

(1) money the State appropriates to the Fund;

(2) premiums, fees, and any other amounts the Authority receives with respect to bonding assistance it provides;

(3) proceeds the Authority designates from the sale, lease, or other disposition of property or contracts the Authority holds or acquires; and

(4) any other money available under the Program.
Md. Code, Corporations and Associations § 5-602 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

(a) This subtitle shall be construed liberally.

(b) The listing of one thing may not be construed to exclude similar things.
Md. Code, Natural Resources § 5-2B-03 — MD Code / Article gnr / Title 5 / Subtitle 2B / Section 5-2B-03
§5–2B–03.
Status: in_force

§5–2B–03. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 568 OF 2024 //

(a) (1) There is a Maryland Recreation Communication Boards Pilot Program.

(2) The purpose of the pilot program is to, subject to the availability of funding, improve play area accessibility by covering the costs of purchasing and installing communication boards at State and local parks.

(3) The Department shall administer the pilot program.

(b) (1) A local governing body may apply to the Department for a grant from the pilot program.

(2) (i) Subject to subparagraph (ii) of this paragraph, and in awarding a grant to a local governing body under this section, the Department shall award a grant equal to the cost of purchasing and installing each communication board.

(ii) A grant may not exceed $3,000 for each communication board that is purchased and installed.

(3) The Department shall prioritize the award of grants to a local governing body that is installing a communication board in a newly constructed play area.

(c) (1) On or before July 1, 2025, and July 1, 2026, the Department shall submit an interim report to the General Assembly, in accordance with § 2–1257 of the State Government Article, that provides an evaluation of the pilot program.

(2) On or before July 1, 2027, the Department shall submit a final report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the pilot program, including a recommendation on whether the pilot program should be continued.
Md. Code, Insurance § 5-103 — MD Code / Article gin / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

In determining the financial condition of an insurer, capital stock and liabilities to be charged against the insurer’s assets include:

(1) the amount of any capital stock outstanding;

(2) the amount, estimated in accordance with this article, that is needed to pay:

(i) all of the insurer’s reported or unreported losses and claims incurred on or before the date of the annual statement required under this article; and

(ii) the expenses of adjustment or settlement of those losses and claims;

(3) any additional reserves that the Commissioner reasonably requires for a specific kind of insurance;

(4) taxes, expenses, and other obligations that are due or accrued at the date of the annual statement required under this article;

(5) as to life insurance and disability insurance and annuity contracts:

(i) reserves on life insurance policies and annuity contracts in force, valued according to the tables of mortality, rates of interest, and applicable methods adopted under this article;

(ii) reserves for disability benefits for active and disabled lives;

(iii) reserves for accidental death benefits;

(iv) reserves for additional benefits that provide long-term home health care and long-term care in a nursing home or other related institution; and

(v) any additional reserves that the Commissioner reasonably requires; and

(6) as to insurance other than as specified in item (5) of this section, the amount of reserves equal to the unearned parts of the gross premiums charged on policies in force, computed in accordance with this article.
Md. Code, Courts and Judicial Proceedings § 5-503 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

In Montgomery County, the following individuals are not liable to any person for advice or help given in the course of employment in connection with the preparation of a complaint:

(1) A clerk of any court or an employee of a clerk;

(2) The Sheriff or a deputy sheriff; or

(3) An employee of the register of wills.
Md. Code, Insurance § 5-804 — MD Code / Article gin / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

(a) (1) A deposit of trusteed assets shall be made under a written trust agreement between the alien insurer and the trustee in accordance with this subtitle.

(2) The deposit of trusteed assets shall be authenticated in the manner approved by the Commissioner.

(b) Whether or not then authorized to transact insurance business in Maryland, an alien insurer that uses or proposes to use Maryland as a state of entry to transact insurance business in the United States may make and execute the trust agreement required by this subtitle.

(c) (1) The trust agreement is not effective until filed with and approved in writing by the Commissioner.

(2) The Commissioner may not approve a trust agreement if the Commissioner finds that the trust agreement:

(i) does not comply with law; or

(ii) has terms that do not provide reasonably adequate protection for the alien insurer’s policyholders and creditors in the United States.

(d) (1) A trust agreement may be amended.

(2) The amendment is not effective until filed with and approved in writing by the Commissioner as complying with this subtitle.

(e) (1) The Commissioner may withdraw approval of a trust agreement or amendment to a trust agreement if the Commissioner finds, after a hearing, that the requirements under this subtitle for approval of the trust agreement or amendment are no longer met.

(2) The Commissioner shall give notice of the hearing required under paragraph (1) of this subsection to the alien insurer and the trustee of the trust agreement.
Md. Code, Public Safety § 5-123 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-123
§5–123.
Status: in_force

(a) A licensee may not sell, rent, or transfer 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 the prospective seller or transferor to the Secretary.

(b) A licensee 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.

(c) (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 licensee 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.

(d) (1) (i) A licensee 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 § 5-1702 — MD Code / Article gnr / Title 5 / Subtitle 17 / Section 5-1702
§5–1702.
Status: in_force

(a) Before the Board of Public Works may solicit bids for or award any lease for production of oil or natural gas from beneath lands or waters of the State, and after receiving the written recommendation of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays (if the leased area is located in the State’s critical areas) and the advisory comments of the Secretaries of Budget and Management, Natural Resources, the Environment, and Commerce and the Secretary of Planning, the Board of Public Works shall direct the Secretary of Natural Resources in consultation with the Secretaries of the Environment, Commerce, and Budget and Management and the Secretary of Planning to prepare a statement of environmental, fiscal, and economic impact of the proposed lease.

(b) (1) The statement of environmental, fiscal, and economic impact shall be prepared and filed within 6 months after the direction of the Board of Public Works. However, the Board of Public Works may extend this time limit for not more than an additional 12 months for good cause.

(2) The statement of environmental, fiscal, and economic impact and any written background and supporting material shall be available for public inspection.

(3) The Board of Public Works shall provide by regulation for recovery by the Department of Natural Resources from bidders or lessees, as appropriate, of the costs of preparing a statement of environmental, fiscal, and economic impact.

(c) The statement of environmental, fiscal, and economic impact shall include the following information:

(1) An assessment of the probable deleterious effects of the proposed drilling operation and production facilities, including the probabilities and consequences of accidental discharge of oil or gas to the environment during drilling, production, and transportation, on:

(i) Finfish, shellfish, and other marine or freshwater organisms;

(ii) Birds and other wildlife that use the air and water resources;

(iii) Air and water quality; and

(iv) Land and water resources;

(2) An areawide environmental impact statement, including, where applicable, the probable environmental effects of pollution on the Chesapeake Bay, its tributaries, and the areas surrounding the proposed lease site;

(3) An inventory of existing economic and environmental conditions at the proposed lease site and in the immediate area;

(4) A project description of what is to be constructed, the manner and construction schedule, and the method of construction;

(5) A complete description of any proposed production facility, including at least its anticipated size, effluent load, and production levels;

(6) Recommendations for minimizing any adverse economic, fiscal, or environmental impacts;

(7) An examination of the secondary environmental effects of induced economic development due to the drilling and production; and

(8) An evaluation of the need for the production facility and the relative merit of other possible sites.
Md. Code, State Personnel and Pensions § 5-308 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

(a) (1) A complainant may be represented during the complaint process by any person the complainant chooses.

(2) Either party may be represented at a hearing by counsel.

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

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

(c) Each party shall make every effort to resolve a complaint at the lowest level possible.
Md. Code, Insurance § 5-202 — MD Code / Article gin / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) If the Commissioner determines that an insurer’s unearned premium reserve is inadequate, the Commissioner may require the insurer to increase the unearned premium reserve and maintain it at an adequate level.

(b) If the Commissioner determines that an insurer’s loss reserves are inadequate as shown by the insurer’s loss experience, the Commissioner shall require the insurer to increase the reserves and maintain them at an adequate level.
Md. Code, Education § 5-107 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-107
§5–107.
Status: in_force

(a) If the county commissioners or county council does not appropriate the amount requested by the county board for capital projects, it shall indicate in writing which projects have been reduced, deferred, or eliminated and the reason for the reduction, deferral, or elimination.

(b) (1) The expenditure for school building construction shall be made in accordance with the cost approved by the county commissioners or county council for each project.

(2) A transfer between major categories or of unexpended project balances is subject to the approval of the county commissioners or county council.

(3) If the county commissioners or county council does not take action on a transfer within 30 days after the receipt of a written request substantiating the transfer, the failure to take action constitutes approval.
Md. Code, Economic Development § 5-101 — MD Code / Article gec / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

(a) The Department shall administer the State’s economic development and growth funds to facilitate the attraction, creation, expansion, and retention of businesses and jobs in the State.

(b) The Department shall encourage local governments to develop, and assist local governments in developing, strategic plans for economic development.

(c) (1) The Department may not deny a business entity conducting a trade or a business as a medical cannabis grower, processor, or dispensary or any other cannabis establishment licensed by the State a program benefit under this title solely because the business entity is a cannabis establishment, if the business entity otherwise satisfies the requirements of the program, including any industry sector specific requirements.

(2) If, before July 1, 2023, a business entity described under paragraph (1) of this subsection was denied a program benefit under this title solely because the business entity was a cannabis establishment, the business entity may reapply for the program.
Md. Code, Family Law § 5-410 — MD Code / Article gfl / Title 5 / Subtitle 4 / Section 5-410
§5–410.
Status: in_force

(a) (1) Before a final decree of adoption is passed, the local department and a prospective adoptive parent of an eligible child shall make a written agreement regarding the subsidy.

(2) In the case of an eligible child who has special circumstances that existed before the adoption but were not detected until after the adoption, the agreement shall be made promptly after the local department approves the application for a subsidy.

(b) A subsidy may commence either at the time of the placement for adoption or at an appropriate time after the passage of the adoption decree.

(c) (1) The nature, amount, and duration of the subsidy shall be determined by:

(i) the needs of the eligible child because of the eligible child’s special circumstances; and

(ii) the availability of other resources to meet the eligible child’s needs.

(2) The subsidy may be for a limited or a long period of time.

(3) The subsidy shall be in an amount that is not more than:

(i) the allowable amount for a child under foster family care in this State, or if placement is in another state, the allowable amount for a child under foster family care in that state, whichever is higher;

(ii) in the case of a medically fragile child living in a treatment foster care home, $2,000 per month; or

(iii) if the subsidy is for a special service, a reasonable fee for that service.

(d) (1) If, under a subsidy agreement, the subsidy does not terminate in the first year after the final decree of adoption is passed, the subsidy is subject to annual reapplication, reevaluation, and reapproval by the local department.

(2) A subsidy agreement shall include a notice of the annual reapplication requirement.
Md. Code, Family Law § 5-520 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-520
§5–520.
Status: in_force

(a) In placing a minor child for adoption or in giving the care, custody, or control of a minor child to any person, a licensee shall give preference to persons of the same religious belief as that of the child or the child’s parents unless the parents specifically indicate a different choice.

(b) A person authorized to place a minor child for adoption shall compile and make available to an adoptive parent a pertinent medical history of the child’s natural parents, if possible.

(c) A medical history compiled under this section may not disclose or permit disclosure of the names or identity of a child’s natural parents.
Md. Code, Environment § 5-509.1 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-509.1
§5–509.
Status: in_force

§5–509.1.

(a) In this section, “dam owner” means the owner or person having control of the normal operation or maintenance of a dam.

(b) (1) This section applies to a dam that is:

(i) Included in the Maryland Dam Inventory; and

(ii) Not owned by the federal government.

(2) This section does not apply to a reservoir, dam, waterway obstruction, or small pond that is exempt from permit requirements under § 5–503(b) of this subtitle.

(c) Except as otherwise provided in this subtitle, all dam owners shall register their dams annually with the Department.

(d) Beginning January 1, 2027, to register with the Department, a dam owner shall:

(1) Submit an application to the Department on the form provided by the Department; and

(2) Pay to the Department a registration fee.

(e) The registration fee shall be:

(1) For a low hazard class dam, $200;

(2) For a significant hazard class dam, $500; and

(3) For a high hazard class dam, $1,000.

(f) Registration fees collected under this section shall be paid into the Private Dam Repair Fund established under § 5–509.2 of this subtitle.

(g) (1) The Department shall establish criteria to fully or partially waive the registration fee under this section due to financial hardship.

(2) The waiver criteria established under paragraph (1) of this subsection shall prioritize individual homeowners.
Md. Code, Economic Development § 5-406 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

(a) There is a Maryland Industrial Development Financing Authority in the Department.

(b) The Authority is a body politic and corporate and is an instrumentality of the State.

(c) The exercise by the Authority of power under this subtitle is the performance of an essential governmental function.
Md. Code, Family Law § 5-3A-05 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-05
§5–3A–05.
Status: in_force

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

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

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

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

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

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

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

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

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

(2) the United States Citizenship and Immigration Services verifies the validity of that adoption by granting, under the federal Immigration and Nationality Act, an IR-3 visa for the adoptee.
Md. Code, Transportation § 5-609 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

(a) If an airport owned by a political subdivision is located wholly or partly outside of the political subdivision, the adoption of airport zoning regulations under this subtitle is subject to this section.

(b) Before any airport zoning regulation or amendment adopted under this section is effective, it shall be submitted to and approved by:

(1) The governing body of each other political subdivision in which any part of the airport is located; or

(2) If one is created under § 5-605 of this subtitle, a joint board of the political subdivisions in which any part of the airport is located.

(c) (1) Within 60 days after a regulation is submitted to it under this section, the joint board or governing body shall either:

(i) Approve the regulation; or

(ii) By written notice specifying its reasons, disapprove the regulation.

(2) If a joint board or governing body fails to disapprove a regulation as provided in paragraph (1) of this subsection, the regulation is deemed to be approved by it. The approval or disapproval of a joint board or governing body, as the case may be, is final and binding.

(3) A regulation is effective only if approved by the joint board or governing body of each political subdivision in which any part of the airport is located.

(d) If an airport zoning regulation adopted by a political subdivision under this section conflicts with any airport zoning or other regulation of any other political subdivision, the regulation adopted under this section governs.
Md. Code, Economic Development § 5-205 — MD Code / Article gec / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) An applicant for a loan under this subtitle shall submit to the Department an application on the form that the Department requires.

(b) The application shall include:

(1) a detailed strategic business plan;

(2) the amount of money required for the activities described in the strategic business plan;

(3) the money available to the applicant without financial assistance from the Department;

(4) the amount of financial assistance requested from the Department;

(5) information relating to the financial status of the applicant, including, if applicable:

(i) a current balance sheet;

(ii) a profit and loss statement; and

(iii) credit references; and

(6) any other relevant information that the Department requests.
Md. Code, Election Law § 5-1002 — MD Code / Article gel / Title 5 / Subtitle 10 / Section 5-1002
§5–1002.
Status: in_force

(a) This section applies only to a nominee for statewide office, except for a Governor and Lieutenant Governor unit.

(b) (1) (i) A vacancy in nomination that occurs because a nominee declines the nomination shall be filled by the State central committee of the political party to which the nominee belongs by the 88th day before the general election.

(ii) A vacancy in nomination that occurs because a nominee dies or is disqualified for any cause shall be filled by the State central committee of the political party to which the nominee belongs by the 81st day before the general election.

(2) (i) The State central committee shall file a certificate of designation for the nominee with the State Board.

(ii) The successor nominee designated by the State central committee under subparagraph (i) of this paragraph shall file a certificate of candidacy with the State Board.
Md. Code, Family Law § 5-333 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-333
§5–333.
Status: in_force

(a) Within 5 days after a petition for adoption of a child is filed under this Part III of this subtitle with a juvenile court, the clerk shall send a copy of the petition, with the notice of filing that was attached to the petition, to:

(1) the local department with custody of the child;

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

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

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

(b) Notice under this section shall be by first-class mail.

(c) Notice to a parent under this section shall be sent to the parent’s last address known to the juvenile court.
Md. Code, Family Law § 5-705 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, notwithstanding any other provision of law, including a law on privileged communications, a person in this State other than a health practitioner, police officer, or educator or human service worker who has reason to believe that a child has been subjected to abuse or neglect shall notify the local department or the appropriate law enforcement agency.

(2) A person is not required to provide notice under paragraph (1) of this subsection:

(i) in violation of the privilege described under § 9–108 of the Courts Article;

(ii) if the notice would disclose matter communicated in confidence by a client to the client’s attorney or other information relating to the representation of the client; or

(iii) in violation of any constitutional right to assistance of counsel.

(3) A minister of the gospel, clergyman, or priest of an established church of any denomination is not required to provide notice under paragraph (1) of this subsection if the notice would disclose matter in relation to any communication described in § 9–111 of the Courts Article and:

(i) the communication was made to the minister, clergyman, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergyman, or priest belongs; and

(ii) the minister, clergyman, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.

(b) (1) An agency to which a report of suspected abuse or neglect is made under subsection (a) of this section shall immediately notify the other agency.

(2) This subsection does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.

(c) A report made under subsection (a) of this section may be oral or in writing.

(d) (1) To the extent possible, a report made under subsection (a) of this section shall include the information required by § 5–704(c) of this subtitle.

(2) A report made under subsection (a) of this section shall be regarded as a report within the provisions of this subtitle, whether or not the report contains all of the information required by § 5–704(c) of this subtitle.
Md. Code, Financial Institutions § 5-1006 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1006
§5–1006.
Status: in_force

(a) Subject to subsection (b) of this section, in deciding whether to approve a branch of a banking institution, the Commissioner shall consider:

(1) If the branch is to be established in this State, whether the establishment of the branch will promote the public convenience;

(2) Whether the applicant has sufficient capital to support the branch; and

(3) Whether the applicant is generally operating in compliance with the provisions of this article.

(b) (1) Subject to paragraph (2) of this subsection, a well–capitalized banking institution with a composite CAMELS rating of one or two may open a branch in this State without the approval of the Commissioner 30 days after filing an expedited notice for the proposed branch under § 5–1005(b) of this subtitle.

(2) The Commissioner may:

(i) Require the submission of additional information regarding the proposed establishment of a branch during the 30–day period that the expedited notice is pending; and

(ii) Prohibit the establishment of the branch within the 30–day period if the Commissioner determines that establishment of the branch is not consistent with the standards set forth in subsection (a) of this section.
Md. Code, Insurance § 5-311 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-311
§5–311.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, if in any contract year the gross premium charged by an insurer on a policy or contract is less than the valuation net premium for the policy or contract, the minimum reserve required for the policy or contract is the greater of:

(i) the reserve calculated according to the mortality table, interest rate, and method actually used for the policy or contract; or

(ii) the reserve calculated by using the method actually used for the policy or contract, but:

1. using the minimum valuation standards of mortality and of interest in §§ 5-304 and 5-306 of this subtitle; and

2. in each contract year for which the valuation net premium exceeds the actual gross premium, using the actual gross premium instead of the valuation net premium.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, for purposes of paragraph (1) of this subsection, the valuation net premium for a policy or contract shall be calculated by the method used in calculating the reserve on the policy or contract using the minimum valuation standards of mortality and interest rate under §§ 5-304 and 5-306 of this subtitle.

(ii) For future renewals under a renewable term insurance policy, the modern CSO mortality table published in The Transactions of The Society of Actuaries, Vol. XXVII (1975), shall be used instead of the minimum valuation standard of mortality under § 5-304 of this subtitle.

(3) If the gross premium rates for a policy or contract are not based consistently on a suitable accepted or credible mortality basis or table, the Commissioner may require additional reserves in accordance with § 5-103(3) of this title.

(b) For a life insurance policy described in § 5-307(a)(3)(ii) of this subtitle:

(1) subsection (a) of this section shall be applied substituting the method described in § 5-307 of this subtitle, without regard to § 5-307(a)(4)(iii), for the method actually used in calculating the reserve for the policy; and

(2) the minimum reserve at each policy anniversary of the policy shall be the greater of:

(i) the minimum reserve calculated under § 5-307 of this subtitle, including § 5-307(a)(4)(iii); or

(ii) the minimum reserve calculated under this section.
Md. Code, Economic Development § 5-558 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-558
§5–558.
Status: in_force

The liability of the State and of the Authority in providing equity participation financing is limited to investments under the Program.
Md. Code, Transportation § 5-604 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) Subject to the provisions of this subtitle, each political subdivision of this State may adopt, under its police power, airport zoning regulations to protect the aerial approaches of:

(1) Any airport not owned by this State and located in the political subdivision; and

(2) Subject to § 5-609 of this subtitle, any airport owned by the political subdivision and located wholly or partly outside of the political subdivision.

(b) If a political subdivision has or adopts a general zoning ordinance regulating the height of buildings, any airport zoning regulations adopted under this subtitle for all or a part of the same area may be made a part of the general zoning regulations and administered and enforced with them. However, the general zoning regulations may not limit the effectiveness or scope of any regulation adopted under this subtitle.
Md. Code, Health Occupations § 5-203 — MD Code / Article gho / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) From among its members, the Board annually shall elect a chairman, a vice chairman, and a secretary.

(b) The Board shall determine:

(1) The manner of election of officers; and

(2) The duties of each officer.
Md. Code, Human Services § 5-610 — MD Code / Article ghu / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

(a) The Department may:

(1) restore benefits to any household that lost benefits due to theft that occurred between January 1, 2021, and October 1, 2022, both inclusive, provided that the Department confirms the household lost benefits due to theft during that time period; and

(2) support innovative practices required to support beneficiaries during the time period between the reporting of the loss of benefits due to theft and the restoration of benefits.

(b) On or before September 1, 2023, the Department shall issue benefits to households eligible to receive funds under subsection (a) of this section.
Md. Code, Courts and Judicial Proceedings § 5-1201 — MD Code / Article gcj / Title 5 / Subtitle 12 / Section 5-1201
§5–1201.
Status: in_force

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

(b) “Charge–off” means the act of a creditor that treats an account receivable or any other debt as a loss or an expense because payment is unlikely.

(c) “Charge–off balance” means the amount due on the account or debt at the time of charge–off.

(d) “Collector” means a person collecting or attempting to collect an alleged debt arising out of a consumer transaction.

(e) “Consumer debt” means a secured or an unsecured debt that:

(1) Is for money owed or alleged to be owed; and

(2) Arises from a consumer transaction.

(f) (1) “Consumer debt collection action” means any judicial action or arbitration proceeding in which a claim is asserted to collect a consumer debt.

(2) “Consumer debt collection action” does not include an action brought under § 8–401 of the Real Property Article by a landlord or an attorney, a property manager, or an agent on behalf of a landlord.

(g) “Consumer transaction” means any transaction involving a person seeking or acquiring real or personal property, services, money, or credit for personal, family, or household purposes.

(h) “Creditor” means a person to whom a consumer debt is owed or alleged to be owed.

(i) (1) “Debt buyer” means a person that purchases or otherwise acquires consumer debt from an original creditor or from a subsequent owner of the debt.

(2) “Debt buyer” does not include:

(i) A check services company that acquires the right to collect on a paper or an electronic check instrument, including an automated clearing house item that has been returned unpaid to a merchant;

(ii) A business entity that, in the business entity’s ordinary course of business, does not purchase or otherwise acquire consumer debt from an original creditor or from a subsequent owner of the debt and acquired the consumer debt:

1. As a direct result of the business entity being the successor in a merger with the original creditor of the debt; or

2. Because the business entity purchased or otherwise acquired the original creditor in whole;

(iii) A bank, credit union, or savings and loan association that acquired the consumer debt as a direct result of being the successor in a merger with another bank, credit union, or savings and loan association that had owned the consumer debt;

(iv) A mortgage servicer that is licensed under Title 11, Subtitle 5 of the Financial Institutions Article, unless the mortgage servicer or a collector acting on the mortgage servicer’s behalf collects or attempts to collect a deficiency balance or deficiency judgment in any way related to or arising from a foreclosure or short sale of real property that secured the mortgage loan;

(v) A sales finance company or any other person that acquires consumer debt arising from a retail installment sale agreement if:

1. The sales finance company or other person acquired the debt before the first installment payment was due from the consumer; and

2. The retail installment sale agreement expressly stated that the consumer would be required to make the consumer’s payments to that sales finance company or person;

(vi) A bank, credit union, or savings and loan association that acquired from another bank, credit union, or savings and loan association, in the ordinary course of business, all of a specific type of consumer debt owned by the other bank, credit union, or savings and loan association except for consumer debt that had been charged off; or

(vii) An attorney, a licensed debt collection agency, a property manager, or any other person that collects or attempts to collect consumer debt in an action under § 8–401 of the Real Property Article on behalf of an original creditor that is a residential rental property owner.

(j) “Debtor” means an individual who owes or is alleged to owe a consumer debt.

(k) (1) “Principal” means the unpaid balance of a debt or an obligation arising from a consumer transaction that is owed or alleged to be owed to the original creditor.

(2) “Principal” does not include interest, fees, or charges added to the debt or obligation by the original creditor or any subsequent owners of a consumer debt.
Md. Code, Transportation § 5-405 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

(a) With the approval of the Secretary, the Administration may acquire, by gift, purchase, lease, condemnation, or otherwise, any property, including any easement in airport hazards or in land outside the boundaries of an airport or airport site, for the purposes of establishing or operating an airport, airport facility, or air navigation facility, if the acquisition is necessary:

(1) To permit the safe and efficient operation of an airport;

(2) To permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards; or

(3) To prevent the establishment of airport hazards.

(b) The Administration may acquire, in like manner, any existing airport, airport facility, or air navigation facility. However, it may not acquire any airport, airport facility, or air navigation facility owned or controlled by a political subdivision of this or any other state without the consent of the political subdivision.

(c) Any condemnation proceedings under this section shall be instituted and maintained in the name of this State and conducted under Title 12 of the Real Property Article.
Md. Code, General Provisions § 5-904 — MD Code / Article ggp / Title 5 / Subtitle 9 / Section 5-904
§5–904.
Status: in_force

In addition to any other penalty under this title, a public official or employee found by the Ethics Commission or a court to have violated this title:

(1) may be removed or subjected to other disciplinary action; and

(2) if subject to an order of the Ethics Commission or a court directing compliance, may not receive salary or other compensation until the individual complies fully with the order.
Md. Code, Natural Resources § 5-306 — MD Code / Article gnr / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

An eligible landowner who receives cost-share assistance under this subtitle to implement an approved practice shall execute a written agreement with the Department, that specifies:

(1) The practice to be implemented;

(2) A description of the land on which the practice is to be implemented;

(3) The landowner’s commitment to use the cost-share assistance to implement the practice;

(4) The ability of the Secretary or the designee of the Secretary to inspect the land on which the practice is to be implemented in order to determine compliance; and

(5) The liability of the landowner for the full amount of cost-share assistance if the practice is not implemented because of the landowner’s failure to comply with the requirements of this subtitle.
Md. Code, Natural Resources § 5-433 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-433
§5–433.
Status: in_force

In this part, “Program” means the Pamela J. Kelly Tree–Mendous Maryland Program.
Md. Code, Family Law § 5-1402 — MD Code / Article gfl / Title 5 / Subtitle 14 / Section 5-1402
§5–1402.
Status: in_force

(a) Except as provided in subsection (b) of this section, after a trial, a court may terminate the parental rights of a respondent under this subtitle if the court:

(1) determines that the respondent has been served in accordance with the Maryland Rules;

(2) (i) finds that the respondent has been convicted of an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child at issue in an action under this subtitle; or

(ii) finds by clear and convincing evidence that the respondent committed an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child at issue in an action under this subtitle; and

(3) finds by clear and convincing evidence that it is in the best interest of the child to terminate the parental rights of the respondent.

(b) The court may not terminate parental rights under subsection (a) of this section if the parents were married at the time of the conception of the child at issue unless:

(1) the respondent has been convicted of an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child; or

(2) the parents were separated in accordance with a protective order during the time of the conception of the child and have remained separate and apart since the time of conception.

(c) A termination of parental rights under this section terminates completely:

(1) a parent’s right to custody of, guardianship of, access to, visitation with, and inheritance from the child; and

(2) a parent’s responsibility to support the child, including the responsibility to pay child support.
Md. Code, Agriculture § 5-309 — MD Code / Article gag / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

(a) (1) At least once each year the Secretary shall inspect each nursery in the State to determine if the nursery stock is infested or infected with dangerously injurious plant pests.

(2) Each nursery shall pay the Secretary an inspection fee based on the number of acres in production as follows:

(i) 1 acre or less, $20;

(ii) More than 1 acre to 5 acres, $30;

(iii) More than 5 acres to 10 acres, $40; and

(iv) More than 10 acres, $5 for each acre, or part of any acre, up to a maximum of $1,500.

(3) All fees collected under paragraph (2) of this subsection shall be deposited into the Plant Protection Fund and used to defray partially the cost of inspecting the nurseries.

(b) (1) Each nursery shall be certified annually by the Secretary if it meets standards established by the Department regarding freedom from plant pests and on payment of a fee of $150.

(2) All fees collected under paragraph (1) of this subsection shall be deposited into the Plant Protection Fund and used to defray partially the cost of inspecting and certifying the nurseries.

(c) (1) Each broker or dealer shall comply with the regulations established by the Department and shall pay an annual license fee of $150.

(2) The Secretary may inspect annually the nursery stock in a sales or holding yard of a broker or dealer.

(3) Each broker or dealer shall pay the Secretary an inspection fee as provided in subsection (a) of this section.

(4) All fees collected under paragraph (1) of this subsection shall be deposited into the Plant Protection Fund and used to defray partially the cost of inspecting and licensing the brokers and dealers.

(d) (1) The Secretary may certify plants:

(i) To be apparently free of injurious viruses or other diseases; or

(ii) That conform to established standards of strain purity.

(2) Each plant producer shall pay the Secretary a certification fee for each acre, or part of an acre, in plant production as follows:

(i) Strawberry plants, “Cape” American beachgrass, “Avalon” Saltmeadow cordgrass, $50; and

(ii) Grape vines, fruit trees, and bramble plants, $70.

(3) All fees collected under paragraph (2) of this subsection shall be deposited into the Plant Protection Fund and used to defray partially the cost of virus indexing, inspection, and analysis of plants certified or tagged.

(e) (1) If dangerously injurious plant pests are found in any nursery, orchard, or any premises where nursery stock is grown or held for sale, the Secretary shall order it treated or destroyed by the nursery or dealer.

(2) The Secretary shall release all other nursery stock grown on the premises, and issue a certificate of inspection to the owner.

(3) If the nursery or dealer fails to comply with the order, the Secretary shall seize, destroy, or treat the infested or infected nursery stock and the owner shall pay the costs.

(4) If an owner refuses to pay the costs required under paragraph (3) of this subsection, the costs shall be collected in accordance with § 5–307 of this subtitle.

(f) A federal, State, or local public agency is exempt from the license and inspection fees required by this section.
Md. Code, Corporations and Associations § 5-404 — MD Code / Article gca / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

The provisions of §§ 5-402 and 5-403 of this subtitle do not apply to any private foundation to the extent that a court of competent jurisdiction, under a judicial proceeding begun by the private foundation before January 1, 1972, determines that:

(1) The application of these sections is contrary to the terms of the charter or other instrument governing the private foundation or the administration of charitable funds held by it; and

(2) The charter or other governing instrument may not properly be changed to conform to these sections.
Md. Code, Criminal Law § 5-904 — MD Code / Article gcr / Title 5 / Subtitle 9 / Section 5-904
§5–904.
Status: in_force

(a) A registrant may not:

(1) distribute or dispense a controlled dangerous substance listed in Schedule I or Schedule II in violation of § 5-303(d) of this title; or

(2) distribute a controlled dangerous substance listed in Schedule I or Schedule II in the course of the registrant’s legitimate business, except in accordance with an order form under § 5-303(d) of this title.

(b) (1) If the trier of fact specifically finds that a person knowingly or intentionally violated subsection (a)(1) of 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 subsection (a)(1) of this section is subject to a civil penalty not exceeding $50,000.

(3) A person who willfully violates subsection (a)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $100,000 or both.
Md. Code, Business Regulation § 5-902 — MD Code / Article gbr / Title 5 / Subtitle 9 / Section 5-902
§5–902.
Status: in_force

Except for a registered cemeterian, registered crematory operator, registered reduction operator, or registered seller who operates a business as a sole proprietor or a registrant employed by a sole proprietor, a person may not engage in the operation of a cemetery, crematory, reduction facility, or burial goods business unless:

(1) the business is a corporation, limited liability company, or partnership; and

(2) the corporation, limited liability company, or partnership holds a permit issued under this title.
Md. Code, Courts and Judicial Proceedings § 5-102 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) An action on one of the following specialties shall be filed within 12 years after the cause of action accrues, or within 12 years from the date of the death of the last to die of the principal debtor or creditor, whichever is sooner:

(1) Promissory note or other instrument under seal;

(2) Bond except a public officer’s bond;

(3) Judgment;

(4) Recognizance;

(5) Contract under seal; or

(6) Any other specialty.

(b) A payment of principal or interest on a specialty suspends the operation of this section as to the specialty for three years after the date of payment.

(c) This section does not apply to:

(1) A specialty taken for the use of the State;

(2) A deed of trust, mortgage, or promissory note that has been signed under seal and secures or is secured by owner–occupied residential property, as defined in § 7–105.1 of the Real Property Article; or

(3) A contract, including a contract under seal, or a promissory note or other instrument under seal that is:

(i) Related to an obligation of a consumer to pay consumer debt, as defined in § 5–1201 of this title, that arises from hospital services, as defined in § 19–201 of the Health – General Article; and

(ii) Between a consumer and a hospital, as defined in § 19–301 of the Health – General Article.
Md. Code, Courts and Judicial Proceedings § 5-116 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-116
§5–116.
Status: in_force

(a) An action for damages for an injury or death caused by the effects of a breast implant or breast implant materials shall be filed within the later of:

(1) 180 days after the date of completion of any opt-out period in a class action in which the claimant is a member of the class, including an opt-out period provided for in a settlement agreement;

(2) 180 days after the completion of any nonbinding mediation in a class action in which the claimant is a member of the class; or

(3) A period of limitations that would otherwise apply.

(b) This section does not apply to an action for medical injuries subject to the provisions of Title 3, Subtitle 2A of this article.
Md. Code, Economic Development § 5-1802 — MD Code / Article gec / Title 5 / Subtitle 18 / Section 5-1802
§5–1802.
Status: in_force

There is a Capital Access Program in the Department.
Md. Code, Courts and Judicial Proceedings § 5-516 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-516
§5–516.
Status: in_force

A county that merely purchases insurance for a lessee or owner of an amusement ride or amusement attraction, under Title 3 of the Business Regulation Article, is immune from liability for personal injury to individuals arising out of the use of the amusement ride or attraction.
Md. Code, Natural Resources § 5-407 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

(a) The State Highway Administration may grant to any person the right to place any advertisement, sign, notice, or other writing along or upon the public highways of the State to be used only in conjunction with direction or danger signals, and subject to the limitations and restrictions imposed at the time the permit is granted. A permit may not be issued unless the need for the direction or danger signal to be erected is clearly demonstrated to the satisfaction of the State Highway Administration. Any person doing an act otherwise prohibited in this section, by virtue of a permit issued by the State Highway Administration, is immune from prosecution.

(b) In Kent and Queen Anne’s counties, the respective county boards of education may exhibit or display any advertisement, sign, notice, writing, or other device for the purpose of promulgating the safety of students, on or abutting any road or highway which passes near any school. However, these signs may not be displayed farther than 300 yards from any school and any designation of the donor may not comprise a space of more than 2 square feet on the sign.

(c) A person, without first obtaining the written consent of the owner, may not paint, put, or fix any advertisement, sign, notice, or other writing, other than a notice posted pursuant to law, on or to any stone, tree, fence, stump, pole, building, or other structure which is in or upon either the public highway or property of another, or procure, direct, or induce the painting, fixing, or placing of the advertisement or sign.

(d) For the purpose of enforcing this section, the presence of any advertisement, sign, notice, or other writing, other than a notice posted pursuant to law, upon the public highway or private property adjacent to it constitutes prima facie evidence that it was painted, placed, fixed, or erected at the direction of, or with the consent and approval of, the party or his agent or representative in the State whose name, business, location, or merchandise is advertised thereon.
Md. Code, State Finance and Procurement § 5A-326 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-326
§5A–326.
Status: reserved

(a) In cooperation with the Trust and subject to available resources, each State unit shall:

(1) establish a program to identify, document, and nominate to the Trust each property owned or controlled by the State unit that appears to qualify for the Historic Register;

(2) ensure that no property listed in or eligible to be listed in the Historic Register is inadvertently transferred, sold, demolished, destroyed, substantially altered, or allowed to deteriorate significantly; and

(3) use any available historic building under its control to the extent prudent and practicable before acquiring, constructing, or leasing a building to carry out its responsibilities.

(b) If it is prudent, practicable, and in the State’s best interest to do so, a State unit that transfers a surplus property listed in or eligible to be listed in the Historic Register shall ensure that the transfer provides for the preservation or enhancement of the property.

(c) If a historic property is to be altered substantially or destroyed by State action or with financial assistance from a State unit, the State unit shall cause timely steps to be taken to:

(1) make appropriate investigations and records;

(2) salvage appropriate objects and materials; and

(3) deposit with the Trust the results of the investigations, the records, and the recovered objects and materials.

(d) (1) A State unit that issues permits or licenses or provides financial assistance for any undertaking shall cooperate with the Trust by:

(i) giving notice to the Director, on request, of each application for a permit, a license, or financial assistance; and

(ii) requiring that, where appropriate, an applicant for a permit, a license, or financial assistance consult with the Director before the State unit takes final action on the application.

(2) After consulting with the Director, and to avoid, mitigate, or satisfactorily reduce any significant adverse effect on a property listed in or eligible to be listed in the Historic Register, a State unit may:

(i) put reasonable conditions on a license, permit, or award of financial assistance; and

(ii) seek guidance from the Council before imposing any conditions on a license, permit, or award of financial assistance.

(3) A person may appeal in accordance with the Administrative Procedure Act the reasonableness of a condition imposed by a State unit under this subsection on a license or permit.

(e) By regulation, the Trust shall establish professional standards, guidelines, and procedures to preserve historic properties owned, controlled, regulated, or assisted by State units, to minimize the need for Director review, and to avoid duplication and delays.

(f) This section may be applied to any undertaking that is subject to the National Historic Preservation Act, 54 U.S.C. § 306108.

(g) Failure by a State unit to comply with this section does not create a private cause of action under State law.
Md. Code, Family Law § 5-1307 — MD Code / Article gfl / Title 5 / Subtitle 13 / Section 5-1307
§5–1307.
Status: in_force

(a) The measures in §§ 5-1303 through 5-1306 of this subtitle shall be used by the local departments and the Administration, and may be used by an entity that enters into a memorandum of understanding with the Department, to measure the efficiency and the effectiveness of child welfare services.

(b) Information collected by the State or federal government regarding the State child welfare system may also be used by the entities in subsection (a) of this section to measure the effectiveness of the child welfare system, including:

(1) the Maryland child and family services review;

(2) the adoption and foster care analysis and reporting system criteria; and

(3) the L. J. V. Massinga consent decree criteria.
Md. Code, Corporations and Associations § 5-129 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-129
§5–129.
Status: in_force

This subtitle does not restrict the jurisdiction of a licensing unit over individuals rendering a professional service within the jurisdiction of the licensing unit and does not affect the interpretation or application of any law pertaining to standards of professional conduct.
Md. Code, Economic Development § 5-2112 — MD Code / Article gec / Title 5 / Subtitle 21 / Section 5-2112
§5–2112.
Status: in_force

The Secretary may adopt regulations to carry out this subtitle.
Md. Code, Natural Resources § 5-436 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-436
§5–436.
Status: in_force

(a) The Program shall be funded by donations and grants received by the Department to be used for the Program.

(b) The Department may seek, accept, and expend donations and grants for the implementation and administration of the Program.

(c) All money received for the Program under this section shall be used only for funding the implementation and administration of the Program.
Md. Code, Education § 5-236 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-236
§5–236.
Status: in_force

(a) (1) The State Board may accept for the State:

(i) Any appropriation of money for educational purposes and subsidized or free feeding programs for the public schools that is made out of the federal treasury by an act of Congress; and

(ii) Any additional funds directed to the State Board by an act of Congress or federal regulation.

(2) The State Board is the educational authority for the expenditure and administration of these funds.

(b) (1) All of these funds received by the State shall be received into the State Treasury.

(2) On warrant of the State Comptroller, the State Treasurer may:

(i) Receive and provide for the proper custody of these funds; and

(ii) Make disbursements on the order of the State Board according to the procedure established for the State Treasurer.
Md. Code, Agriculture § 5-108 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-108
§5–108.
Status: in_force

(a) The Secretary may issue and enforce a written stop–sale order to the registrant, owner, custodian, or distributor of any pesticide that the Secretary finds is in violation of any provision of this subtitle or regulation under this subtitle, or has been found by federal or State authorities to cause unreasonable adverse effects to humans, animals, or the environment, or is in violation of any provision of federal pesticide laws or regulations.

(b) The order prohibits sale or distribution of the pesticide until the Secretary has evidence that the pesticide is in compliance with the law and until the Secretary provides a written release from the stop–sale order.
Md. Code, Courts and Judicial Proceedings § 5-901 — MD Code / Article gcj / Title 5 / Subtitle 9 / Section 5-901
§5–901.
Status: in_force

Unless a contract or agreement upon which an action is brought, or some memorandum or note of it, is in writing and signed by the party to be charged or another person lawfully authorized by that party, an action may not be brought:

(1) To charge a defendant on any special promise to answer for the debt, default, or miscarriage of another person;

(2) To charge any person on any agreement made on consideration of marriage; or

(3) On any agreement that is not to be performed within 1 year from the making of the agreement.
Md. Code, Business Occupations and Professions § 5-522 — MD Code / Article gbo / Title 5 / Subtitle 5 / Section 5-522
§5–522.
Status: in_force

(a) (1) Subject to the hearing provisions of § 5–523 of this subtitle, the Board may deny a beauty salon permit to any applicant, reprimand any permit holder, or suspend or revoke a beauty salon permit:

(i) for any applicable ground under § 5–314 of this title;

(ii) if the applicant or holder fraudulently or deceptively obtains or attempts to obtain a beauty salon permit for the applicant or holder or for another;

(iii) if the applicant or holder fraudulently or deceptively uses a beauty salon permit; or

(iv) if the holder fails to pay a civil penalty imposed by the Board under § 5–610 of this title.

(2) (i) Instead of or in addition to reprimanding a permit holder or suspending or revoking a beauty salon permit, the Board may impose a penalty not exceeding $300 for all violations cited on a single date.

(ii) To determine the amount of penalty imposed under this subsection, the Board shall consider:

1. the seriousness of the violation;

2. the good faith of the violator;

3. the violator’s history of previous violations;

4. the deleterious effect of the violation on the complainant, the public, and the cosmetology industry; and

5. any other factors relevant to the determination of the financial penalty.

(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.

(b) (1) The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.

(2) A complaint shall:

(i) be in writing;

(ii) be signed by the complainant;

(iii) state specifically the facts on which the complaint is based;

(iv) be submitted to the Executive Director of the Board; and

(v) be served on the person to whom it is directed:

1. personally; or

2. by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records.

(3) If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

(c) (1) Except as provided in subsection (d) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5–523 of this subtitle to deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty.

(2) If the Board does not make the finding, the Board shall dismiss the complaint.

(d) (1) If the Board makes the finding under subsection (c)(1) of this section for a violation that relates to the sanitary condition of a beauty salon or the sanitary practice of cosmetology, the Board shall provide the owner of the salon an opportunity to correct the alleged violation.

(2) If the owner fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5–523 of this subtitle.

(3) If the owner corrects each alleged violation within 10 days of notice, the Board shall:

(i) dismiss the complaint; and

(ii) provide the owner written notification of the dismissal.
Md. Code, Economic Development § 5-537 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-537
§5–537.
Status: in_force

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

(b) The Treasurer shall:

(1) invest the money in the Fund in the same manner as other State money may be invested; and

(2) credit any investment earnings to the Fund.

(c) If the Authority determines by resolution that any money in the Fund is no longer needed to meet its obligations, the Authority may authorize the Comptroller to first apply that money to pay the principal of and interest on outstanding bonds issued under any Act authorizing the issue of State general obligation bonds issued to implement this subtitle.
Md. Code, Business Regulation § 5-709 — MD Code / Article gbr / Title 5 / Subtitle 7 / Section 5-709
§5–709.
Status: in_force

(a) (1) A buyer may cancel a preneed burial contract as to preneed goods not delivered or preneed services not performed if the buyer:

(i) permanently moves more than 75 miles from the cemetery specified in the preneed burial contract; and

(ii) gives to the seller written notice, under oath, of the move and includes the buyer’s new permanent address.

(2) In that event:

(i) the seller shall certify to the trustee:

1. the cancellation of the preneed burial contract;

2. the amount of the remaining specific funds applicable to the preneed burial contract; and

3. the name and address of the buyer; and

(ii) the trustee shall then pay to the buyer the remaining specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds.

(b) (1) Notwithstanding subsection (a) of this section, by written notice, a buyer may cancel the purchase of a casket or casket vault under a preneed burial contract at any time prior to the time the buyer needs the casket or casket vault for burial.

(2) In that event:

(i) the seller shall certify to the trustee:

1. the cancellation of the purchase of the casket or casket vault under the preneed burial contract;

2. the amount of the specific funds applicable to the casket or casket vault under the preneed burial contract; and

3. the name and address of the buyer;

(ii) the trustee shall pay to the buyer the specific funds, interest accrued on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds; and

(iii) in addition to the refund paid by the trustee, the seller shall pay to the buyer an amount of money necessary to provide the buyer with a refund of 100% of the money paid for the casket or casket vault under the preneed burial contract.

(c) If a buyer fails to provide written notice of cancellation and defaults on a preneed burial contract and, as a result, the seller terminates the preneed burial contract:

(1) the seller shall certify to the trustee:

(i) the default and termination of the preneed burial contract;

(ii) the amount of the specific funds; and

(iii) the reasonable expenses of the seller; and

(2) the trustee shall then pay:

(i) to the buyer, those specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds, less the reasonable expenses of the seller; and

(ii) to the seller, the reasonable expenses of the seller.

(d) If specific funds on deposit in a trust account have been dormant for at least 50 years since the date of the last deposit or disbursement and the seller cannot locate the buyer:

(1) the seller shall certify to the trustee:

(i) that the trust account is dormant and the buyer cannot be located; and

(ii) the amount of the specific funds; and

(2) the trustee shall then pay to the seller those specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds.
Md. Code, Economic Development § 5-1306 — MD Code / Article gec / Title 5 / Subtitle 13 / Section 5-1306
§5–1306.
Status: in_force

(a) Benefits are available to political subdivisions with BRAC Revitalization and Incentive Zones as provided in this section.

(b) (1) A political subdivision that receives designation of an area as a BRAC Revitalization and Incentive Zone may receive amounts as provided in § 2–222 of the Tax – Property Article.

(2) Amounts received by a political subdivision as provided in § 2–222 of the Tax – Property Article:

(i) shall be used to pay for infrastructure improvements in the BRAC Revitalization and Incentive Zone; and

(ii) may be used for the repayment of bonds, including tax increment financing bonds, issued by the political subdivision for infrastructure improvements in the BRAC Revitalization and Incentive Zone.

(c) Political subdivisions and business entities may receive priority consideration for financial assistance for projects or operations in a BRAC Revitalization and Incentive Zone from:

(1) programs in:

(i) the Department;

(ii) the Department of Housing and Community Development; or

(iii) the Department of Planning; or

(2) any other appropriate State programs.

(d) The benefits set forth in this section are available for 10 years after the date that the first property in the BRAC Revitalization and Incentive Zone becomes a qualified property, as defined in § 2–222 of the Tax – Property Article.

(e) The Department shall adopt regulations to carry out the provisions of this subtitle and to specify criteria and procedures for the application, approval, and monitoring the eligibility for the benefits under this subtitle.
Md. Code, Family Law § 5-1032 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1032
§5–1032.
Status: in_force

(a) If the court finds that the alleged father is the father, the court shall pass an order that:

(1) declares the alleged father to be the father of the child; and

(2) provides for the support of the child.

(b) (1) The father shall pay the sum to be specified in the order until the first to occur of the following events:

(i) the child becomes an adult;

(ii) the child dies;

(iii) the child marries; or

(iv) the child becomes self-supporting.

(2) If the child is an adult but is destitute and cannot be self-supporting because of a physical or mental infirmity, the court may require the father to continue to pay support during the period of the infirmity.

(c) Any money that is due for child support under this subtitle and is unpaid at the time the child becomes an adult, dies, marries, or becomes self-supporting is a continuing obligation of any party bound by the order of court until the money is paid.

(d) The court shall pass an immediate and continuing withholding order on earnings of the father in accordance with Title 10, Subtitle 1, Part III of this article.
Md. Code, Economic Development § 5-2202 — MD Code / Article gec / Title 5 / Subtitle 22 / Section 5-2202
§5–2202.
Status: in_force

§5–2202. IN EFFECT

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

(a) There is a Maryland New Start Microloan Program.

(b) The purpose of the Program is to provide loans to covered individuals participating in eligible entrepreneurship development programs.

(c) The Department, in consultation with the Governor’s Office of Small, Minority, and Women Business Affairs, shall administer the Program.
Md. Code, Insurance § 5-602 — MD Code / Article gin / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

(a) For the purposes of this section, the domicile in the United States of an alien insurer, other than an insurer formed under the laws of Canada, is deemed to be the state where the alien insurer maintains its largest deposit of trusteed assets.

(b) The investment portfolio of a foreign insurer or alien insurer, other than a life insurer, shall be:

(1) as allowed by the laws of its domicile; and

(2) of a quality substantially as high as that required under this subtitle for similar funds of like domestic insurers.

(c) The Commissioner may deny or refuse to renew a certificate of authority to a foreign insurer or alien insurer if:

(1) the foreign insurer or alien insurer has investments in one person in excess of the limit provided in § 5-606 of this subtitle; or

(2) the Commissioner finds that its investments do not comply in substance with the investment requirements and limitations of this subtitle for domestic insurers transacting the same kind of insurance business.
Md. Code, State Personnel and Pensions § 5-214 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-214
§5–214.
Status: in_force

Information obtained as part of an investigation conducted under this subtitle is confidential within the meaning of Title 4 of the General Provisions Article.
Md. Code, Health - General § 5-903 — MD Code / Article ghg / Title 5 / Subtitle 9 / Section 5-903
§5–903.
Status: in_force

(a) The purpose of each local team is to prevent drug overdose deaths by:

(1) Promoting cooperation and coordination among agencies involved in investigations of drug overdose deaths or in providing services to surviving family members;

(2) Developing an understanding of the causes and incidence of drug overdose deaths in the county;

(3) Developing plans for and recommending changes within the agencies represented on the local team to prevent drug overdose deaths; and

(4) Advising the Department on changes to law, policy, or practice, including the use of devices that are programmed to dispense medications on a schedule or similar technology, to prevent drug overdose deaths.

(b) To achieve its purpose, each local team shall:

(1) In consultation with the Department, establish and implement a protocol for the local team;

(2) Set as its goal the investigation of drug overdose deaths in accordance with national standards;

(3) Meet at least quarterly to review the status of drug overdose death cases and information on nonfatal overdoses, recommend actions to improve coordination of services and investigations among member agencies, and recommend actions within the member agencies to prevent drug overdose deaths;

(4) Collect and maintain data as required by the Department; and

(5) Provide requested reports to the Department, including:

(i) Discussion of individual cases;

(ii) Steps taken to improve coordination of services and investigations;

(iii) Steps taken to implement changes recommended by the local team within member agencies; and

(iv) Recommendations on needed changes to State and local laws, policies, or practices to prevent drug overdose deaths.

(c) In addition to the duties specified in subsection (b) of this section, a local team may investigate the information and records of an individual convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality described in § 5–904 of this subtitle.
Md. Code, Family Law § 5-1302 — MD Code / Article gfl / Title 5 / Subtitle 13 / Section 5-1302
§5–1302.
Status: in_force

(a) The Secretary and the Secretary of Budget and Management shall develop and implement an outcome-based system of accountability for measuring the efficiency and effectiveness of child welfare services for children and families in the State.

(b) The outcome measurement system shall:

(1) address areas of safety, permanence, and well-being for all children in the State child welfare system;

(2) measure performance at the State and local levels;

(3) expand on federal outcome measures;

(4) use the indicators in §§ 5-1303 through 5-1306 of this subtitle to measure outcomes; and

(5) be used in whole or in part in the Department’s annual managing for results submission.

(c) The Secretary shall adopt regulations that establish guidelines for the collection of information at the State and local levels under this subtitle.
Md. Code, Courts and Judicial Proceedings § 5-413 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-413
§5–413.
Status: in_force

(a) Except for the payment of assessments as provided under Title 9, Subtitle 4 of the Insurance Article, there shall be no liability on the part of and no cause of action of any nature shall arise against a member insurer or its agents or employees, the Life and Health Insurance Guaranty Corporation or its agents or employees, members of the Board of Directors, or the Insurance Commissioner or representatives of the Commissioner for any action or omission taken by them in the performance of their powers and duties under Title 9, Subtitle 4 of the Insurance Article.

(b) The immunity provided under this section shall apply to the participation in any organization that consists of one or more other State associations or corporations that have purposes similar to the Life and Health Insurance Guaranty Corporation, and to any such organization and its agents or employees.
Md. Code, Economic Development § 5-1607 — MD Code / Article gec / Title 5 / Subtitle 16 / Section 5-1607
§5–1607.
Status: in_force

The Secretary may adopt regulations to carry out this subtitle.
Md. Code, Family Law § 5-4C-03 — MD Code / Article gfl / Title 5 / Subtitle 4C / Section 5-4C-03
§5–4C–03.
Status: in_force

(a) The Director shall:

(1) establish and maintain a Mutual Consent Voluntary Adoption Registry;

(2) adopt rules and regulations to carry out the provisions of this subtitle; and

(3) set and assess a reasonable fee for registrants, except that an individual may not be denied registration solely because of an inability to pay the fee.

(b) The Director may contract with child placement agencies in this State to perform specific duties under this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 5-302 — MD Code / Article gab / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

A person may not be prohibited from selling or delivering to wholesalers or retail dealers within the State beer in the following container sizes:

(1) 6.33, 7, 8, 10, 11, 11.39, 11.5, 12, 16, 24, 25, 32, or 40 ounces;

(2) 740 milliliters;

(3) 1, 2.25, 3.875, 5.167, 7.75, 13.209, 13.5, 15, or 15.5 gallons; and

(4) 5, 50, or 51 liters.
Md. Code, Real Property § 5-105 — MD Code / Article grp / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

Except as provided in § 5-107 of this title, every declaration of trust, or amendment to it, respecting land shall be manifested and proved by a writing signed by the party who by law is enabled to declare the trust, or by his last will in writing, or else it is void.
Md. Code, Human Services § 5-607 — MD Code / Article ghu / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

(a) The Administration shall make every effort to recoup overpayments made to recipients that the State is authorized to recoup under federal law.

(b) The Administration shall establish an administrative procedure, in accordance with federal law, to be followed when the Administration has reason to believe that an overpayment has been made.
Md. Code, General Provisions § 5-901 — MD Code / Article ggp / Title 5 / Subtitle 9 / Section 5-901
§5–901.
Status: in_force

To compel compliance with an order, or to seek other relief authorized by this subtitle, the Ethics Commission may file a petition in a circuit court with venue over the proceeding.
Md. Code, Health - General § 5-810 — MD Code / Article ghg / Title 5 / Subtitle 8 / Section 5-810
§5–810.
Status: in_force

Meetings of the Committee and subcommittees shall be closed to the public and not subject to Title 10, Subtitle 5 of the State Government Article.
Md. Code, Family Law § 5-4B-07 — MD Code / Article gfl / Title 5 / Subtitle 4B / Section 5-4B-07
§5–4B–07.
Status: in_force

(a) Within 90 days after executing a search, contact, and reunion services agreement under § 5-4B-05 or § 5-4B-11 of this subtitle, a confidential intermediary shall file a report with the Director stating that:

(1) the individual contacted by the confidential intermediary consents to the disclosure of specified information;

(2) the individual contacted by the confidential intermediary does not consent to the disclosure of any information;

(3) the individual sought by the confidential intermediary has not been located; or

(4) the individual sought by the confidential intermediary is deceased.

(b) If the individual sought by the confidential intermediary is deceased, the confidential intermediary shall indicate in the report whether any relatives or members of the adoptive family were contacted, as provided in § 5-4B-11 of this subtitle, and whether those individuals consent to the disclosure of information.

(c) The report and any documents filed in accordance with this section are confidential.
Md. Code, State Finance and Procurement § 5A-320 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-320
§5A–320.
Status: in_force

(a) In this section, “general repair and maintenance” means work to correct damage from deterioration or wear and tear of a property, including maintenance, reconstruction, repair, repainting, and refinishing.

(b) If an application for the change or alteration to a property subject to a historic preservation easement held by the Trust is for general repair or maintenance of the property, the Trust shall notify the applicant of the Director’s decision on the application on or before the earlier of:

(1) the expiration of the period of time specified in the easement documentation in which the Trust is required to notify the applicant of the Director’s decision; or

(2) 90 days after the date the application or any supplement to an application is submitted to the Trust.
Md. Code, Family Law § 5-7A-03 — MD Code / Article gfl / Title 5 / Subtitle 7A / Section 5-7A-03
§5–7A–03.
Status: in_force

The Governor shall select a chairperson from among the members of the Council.
Md. Code, Family Law § 5-302 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) This subtitle applies only to:

(1) guardianship of an individual who is committed to a local department as a child in need of assistance;

(2) adoption of an individual who is committed to a local department as a child in need of assistance, without prior termination of parental rights as to the individual; and

(3) adoption of an individual under guardianship under this subtitle.

(b) This subtitle:

(1) does not apply to a guardianship case filed on or before December 31, 2005, until guardianship is granted; and

(2) unless otherwise specified, does not apply to an adoption case filed on or before December 31, 2005.
Md. Code, State Finance and Procurement § 5-7A-02 — MD Code / Article gsf / Title 5 / Subtitle 7A / Section 5-7A-02
§5–7A–02.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, with respect to a State public works, transportation, or major capital improvement project funded through State or federal funds, the State may not provide State funding for the project if the project is not consistent with:

(i) the State Economic Growth, Resource Protection, and Planning Policy established in § 5–7A–01 of this subtitle; or

(ii) the local plan of the jurisdiction in which the project is located.

(2) The State may provide State funding for a State public works, transportation, or major capital improvement project funded through State or federal funds which is not consistent with the policy or plan under paragraph (1) of this subsection if the State determines that extraordinary circumstances exist that warrant proceeding with the project and that no reasonably feasible alternative exists.

(b) (1) Except as provided in paragraph (2) of this subsection with respect to a local construction project involving the use of State funds, grants, loans, loan guaranties, or insurance, a local jurisdiction may not approve or construct the project unless the project is consistent with the local plan.

(2) A local jurisdiction may approve and construct a local construction project which is inconsistent with the local plan under paragraph (1) of this subsection if the local jurisdiction determines that extraordinary circumstances exist that warrant proceeding with the project and that no reasonably feasible alternative exists.

(c) By December 1, 1992 the Governor shall establish procedures for review of State projects under subsection (a) of this section, and each local jurisdiction shall establish procedures for the review of local projects under subsection (b) of this section, to:

(1) ensure that the projects are consistent with their respective policy and plans; and

(2) evaluate extraordinary circumstances under subsections (a)(2) and (b)(2) of this section, respectively.
Md. Code, Family Law § 5-3A-29 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-29
§5–3A–29.
Status: in_force

(a) Any adult may petition a court for an adoption under this subtitle.

(b) A petitioner may petition for adoption of a child 180 days or more after a child placement agency places the child with the petitioner.

(c) (1) If a petitioner under this section is married, the petitioner’s spouse shall join in the petition unless the spouse:

(i) is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; or

(ii) is not competent to join in the petition.

(2) If the marital status of a petitioner changes before entry of a final order, the petitioner shall amend the petition accordingly.
Md. Code, Health Occupations § 5-312 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-312
§5–312.
Status: in_force

(a) Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any action under § 5-311 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.

(d) If, without lawful excuse, a person disobeys a subpoena from the Board, an order by the Board to take any oath or to testify, or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person for contempt of court.

(e) If after due notice the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.

(f) The hearing notice to be given to the individual shall be sent by certified mail to the last known address of the individual at least 14 days before the hearing.

(g) The individual may be represented at the hearing by counsel.
Md. Code, Environment § 5-807 — MD Code / Article gen / Title 5 / Subtitle 8 / Section 5-807
§5–807.
Status: in_force

The provisions of this subtitle concerning the authorities of the Department and the subdivisions of the State with respect to flood hazard management are in addition to any other provision of law.
Md. Code, Financial Institutions § 5-804 — MD Code / Article gfi / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

(a) An officer or employee of a banking institution may not accept a deposit knowing that the institution is insolvent.

(b) An officer or employee who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to imprisonment in the State Penitentiary for a period not exceeding 3 years.
Md. Code, Natural Resources § 5-9D-05 — MD Code / Article gnr / Title 5 / Subtitle 9D / Section 5-9D-05
§5–9D–05.
Status: in_force

(a) There is a Greenspace Equity Advisory Board in the Department.

(b) The purpose of the Board is to serve as a consultant to the Department in the implementation and administration of the Program.

(c) The Board consists of the following members:

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

(2) One member of the House of Delegates, appointed by the Speaker of the House; and

(3) The following members, appointed by the Governor:

(i) One representative of a county department of parks and recreation;

(ii) One representative of a municipal department of parks and recreation;

(iii) One representative of the Maryland Environmental Trust;

(iv) One representative of a land trust working in an overburdened community or an underserved community; and

(v) Five representatives who:

1. Are residents of an overburdened community or an underserved community; and

2. Reflect the diversity of the State.

(d) The Board members specified in subsection (c)(3) of this section:

(1) Shall serve a term of 4 years; and

(2) May not serve more than two 4–year terms.

(e) The Governor shall designate the chair of the Board.

(f) The Department shall provide staff for the Board.

(g) The Department shall consult with the Board in the implementation and administration of the Program, including:

(1) Developing a grant application;

(2) Establishing opportunities for members of the Board to use their respective networks and publications to publicize and educate the public about the Program; and

(3) The review of and comment on grant applications and comments received under § 5–9D–03 of this subtitle.