Md. Code, Business Occupations and Professions § 5-407 — MD Code / Article gbo / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

(a) (1) Subject to the hearing provisions of § 5–408 of this subtitle, the Board may deny registration as an apprentice to any applicant, reprimand any individual registered as an apprentice, or suspend or revoke the registration of an individual registered as an apprentice:

(i) for any applicable ground under § 5–314 of this title;

(ii) if the applicant or individual fraudulently or deceptively obtains or attempts to obtain registration for the applicant or individual or for another; or

(iii) if the applicant or individual fraudulently or deceptively uses a certificate of registration.

(2) (i) Instead of or in addition to reprimanding an individual registered as an apprentice or suspending or revoking a registration, 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 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 § 5–408 of this subtitle to deny, suspend, or revoke a certificate of registration, reprimand an apprentice, 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 practice of cosmetology, the Board shall provide the apprentice an opportunity to correct the alleged violation.

(2) If the apprentice 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 § 5–408 of this subtitle.

(3) If the apprentice corrects each alleged violation within 10 days of notice, the Board shall:

(i) dismiss the complaint; and

(ii) provide the apprentice written notification of the dismissal.
Md. Code, Economic Development § 5-1803 — MD Code / Article gec / Title 5 / Subtitle 18 / Section 5-1803
§5–1803.
Status: in_force

The purpose of the Program is to stimulate opportunities for small businesses that may have difficulty in obtaining business financing to have access to credit by establishing a loan loss reserve program.
Md. Code, Natural Resources § 5-1603 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1603
§5–1603.
Status: reserved

§5–1603. IN EFFECT

(a) (1) A unit of local government having planning and zoning authority shall develop a local forest conservation program, consistent with the intent, requirements, and standards of this subtitle.

(2) By April 30, 1992, all units of government with planning and zoning authority shall submit a proposed forest conservation program, which meets or is more stringent than the requirements and standards of this subtitle, to the Department for its review and approval.

(3) A unit of local government which has an existing program of forest conservation, or subsequently adopts such a program prior to December 31, 1992, may continue to administer its program prior to approval by the Department of the local forest conservation program.

(4) A municipality which has planning and zoning authority may, with the concurrence of the county and the Department, assign its obligations under this subtitle to the county.

(b) (1) By July 1, 1992, the Department shall either approve a proposed local forest conservation program as submitted by the local authority or provide a written notice of program elements needing revision.

(2) Local forest conservation programs requiring revisions shall be resubmitted to the Department within 2 months of the date the Department notified the local authority of the need for revisions.

(c) (1) All units of local government with planning and zoning authority shall submit to the Department, by December 31, 1992, their adopted forest conservation program which meets or is more stringent than the requirements and standards of this subtitle.

(2) A local forest conservation program, which has been approved by the Department, shall include:

(i) A policy document and all applicable new and amended local ordinances relating to implementation of the regulated activities, exemptions, the review, approval and appeal processes, incentives, legal instruments for protection, enforcement program, and penalties; and

(ii) A technical manual which outlines submittal requirements for forest stand delineations, required information for the approval of a forest conservation plan, specific forest conservation criteria and protection techniques.

(3) (i) A local authority shall review and amend, as appropriate, all current local ordinances, policies and procedures that are inconsistent with the intent and requirements of this subtitle such as parking, road width, setback, curb and gutter, grading, and sidewalk requirements.

(ii) A local forest conservation program, when approved by the Department, may:

1. Allow clustering and other innovative land use techniques that protect and establish forests where open space is preserved, sensitive areas are protected, and development is physically concentrated; and

2. Waive the requirements of this subtitle for previously developed areas covered by impervious surface and located in priority funding areas at the time of the application for subdivision plan, grading, or sediment control permit approval.

(d) Failure to submit a proposed local forest conservation program under subsection (a) of this section or failure to adopt a program approved by the Department prior to December 31, 1992, under subsection (b) of this section shall result in the Department’s assumption of review and approval of all forest conservation plans within the jurisdiction of that local authority.

(e) (1) (i) The Department shall conduct a review of each local authority’s program at least once every 2 years from the date of initial departmental approval.

(ii) In its biennial review, the Department shall evaluate the level of compliance with the performance standards and required forest conservation.

(2) (i) If a local authority’s program is found to be deficient by the Department, then the Department shall give notice and allow the local authority 90 days for compliance.

(ii) If, after 90 days, a local authority has failed to comply with the terms of a notice given by the Department, the Department may do one or more of the following:

1. Assume review and approval of all forest conservation plans within the jurisdiction of the local authority until the deficiencies are corrected;

2. On a finding by an auditor made in consultation with the Office of the Attorney General that a local authority has misappropriated local forest conservation funds, the Department may require the local authority to submit payment to the State Conservation Fund for the amount of any misappropriated local conservation funds; and

3. Request that the Attorney General investigate payments and expenditures of funds collected by the local authority under this subtitle.

(f) After December 31, 1992, the Public Service Commission shall give due consideration to the need to minimize the loss of forest and the provisions for afforestation and reforestation set forth in this subtitle together with all applicable electrical safety codes, when reviewing applications for a certificate of public convenience and necessity issued pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of the Public Utilities Article.

(g) A local authority or the Department in its administration of a State forest conservation program in jurisdictions which do not have an approved local program in effect may establish reasonable and appropriate procedures for the recovery of all costs incurred in the development, implementation, administration, and enforcement of the local forest conservation program or the State forest conservation program for jurisdictions without an approved forest conservation program.

§5–1603. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 **

(a) (1) A unit of local government having planning and zoning authority shall develop a local forest conservation program:

(i) Consistent with the intent, requirements, and standards of this subtitle; and

(ii) Affording due consideration to the policy goals established under:

1. Title 5, Subtitle 7A of the State Finance and Procurement Article; and

2. The plans adopted under Title 1, Subtitle 4 and Title 3 of the Land Use Article.

(2) By April 30, 1992, all units of government with planning and zoning authority shall submit a proposed forest conservation program, which meets or is more stringent than the requirements and standards of this subtitle, to the Department for its review and approval.

(3) A unit of local government which has an existing program of forest conservation, or subsequently adopts such a program prior to December 31, 1992, may continue to administer its program prior to approval by the Department of the local forest conservation program.

(4) A municipality which has planning and zoning authority may, with the concurrence of the county and the Department, assign its obligations under this subtitle to the county.

(b) (1) By July 1, 1992, the Department shall either approve a proposed local forest conservation program as submitted by the local authority or provide a written notice of program elements needing revision.

(2) Local forest conservation programs requiring revisions shall be resubmitted to the Department within 2 months of the date the Department notified the local authority of the need for revisions.

(c) (1) All units of local government with planning and zoning authority shall submit to the Department, by December 31, 1992, their adopted forest conservation program which meets or is more stringent than the requirements and standards of this subtitle.

(2) A local forest conservation program, which has been approved by the Department, shall include:

(i) A policy document and all applicable new and amended local ordinances relating to implementation of the regulated activities, exemptions, the review, approval and appeal processes, incentives, legal instruments for protection, enforcement program, and penalties; and

(ii) A technical manual which outlines submittal requirements for forest stand delineations, required information for the approval of a forest conservation plan, specific forest conservation criteria and protection techniques.

(3) (i) A local authority shall review and amend, as appropriate, all current local ordinances, policies and procedures that are inconsistent with the intent and requirements of this subtitle such as parking, road width, setback, curb and gutter, grading, and sidewalk requirements.

(ii) A local forest conservation program, when approved by the Department, may:

1. Allow clustering and other innovative land use techniques that protect and establish forests where open space is preserved, sensitive areas are protected, and development is physically concentrated; and

2. Provide for the waiver or modification of the requirements of this subtitle for previously developed areas covered by impervious surface and located in priority funding areas at the time of the application for subdivision plan, grading, or sediment control permit approval.

(d) Failure to submit a proposed local forest conservation program under subsection (a) of this section or failure to adopt a program approved by the Department prior to December 31, 1992, under subsection (b) of this section shall result in the Department’s assumption of review and approval of all forest conservation plans within the jurisdiction of that local authority.

(e) (1) (i) The Department shall conduct a review of each local authority’s program at least once every 2 years from the date of initial departmental approval.

(ii) In its biennial review, the Department shall evaluate the level of compliance with the performance standards and required forest conservation.

(2) (i) If a local authority’s program is found to be deficient by the Department, then the Department shall give notice and allow the local authority 90 days for compliance.

(ii) If, after 90 days, a local authority has failed to comply with the terms of a notice given by the Department, the Department may do one or more of the following:

1. Assume review and approval of all forest conservation plans within the jurisdiction of the local authority until the deficiencies are corrected;

2. On a finding by an auditor made in consultation with the Office of the Attorney General that a local authority has misappropriated local forest conservation funds, the Department may require the local authority to submit payment to the State Conservation Fund for the amount of any misappropriated local conservation funds; and

3. Request that the Attorney General investigate payments and expenditures of funds collected by the local authority under this subtitle.

(f) After December 31, 1992, the Public Service Commission shall give due consideration to the need to minimize the loss of forest and the provisions for afforestation and reforestation set forth in this subtitle together with all applicable electrical safety codes, when reviewing applications for a certificate of public convenience and necessity issued pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of the Public Utilities Article.

(g) A local authority or the Department in its administration of a State forest conservation program in jurisdictions which do not have an approved local program in effect may establish reasonable and appropriate procedures for the recovery of all costs incurred in the development, implementation, administration, and enforcement of the local forest conservation program or the State forest conservation program for jurisdictions without an approved forest conservation program.
Md. Code, Corporations and Associations § 5-530 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-530
§5–530.
Status: in_force

(a) A cooperative is not a combination in restraint of trade, an illegal monopoly, or an attempt to lessen competition or fix prices arbitrarily.

(b) A marketing agreement authorized by this subtitle is not illegal or in restraint of trade.
Md. Code, Economic Development § 5-528 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-528
§5–528.
Status: in_force

(a) The Authority may set the terms and conditions for a loan guaranty made under § 5-525(a) of this subtitle.

(b) (1) If the Authority decides to lend money from the Fund to an applicant under § 5-525(c) of this subtitle, the Authority shall prepare loan documents that include:

(i) the interest rate on the loan that equals the market rate for a conventional loan of comparable risk unless the Authority determines that a lower rate better serves the purposes of this subtitle;

(ii) a disbursement schedule that provides enough money to the applicant when the applicant needs it to perform the contract;

(iii) a requirement that the applicant and the Authority co-sign each request for an advance of money before release of the money; and

(iv) provisions for repayment of the loan.

(2) The loan documents may include any other provision that the Authority determines is necessary to secure the loan, including an assignment of or a lien on payment under the contract.
Md. Code, Natural Resources § 5-1003 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1003
§5–1003.
Status: in_force

The lands between the mud flats at Brooklyn and the Liberty Reservoir on either side of the Patapsco River, in Anne Arundel, Carroll, Howard, and Baltimore counties, within a distance of 1 mile on either side from the medial line of the river, or either of its branches, having been purchased by the State, shall be held by the State as a State park under the protection and administration of the Department which shall exercise the same power of making rules and regulations and managing the land as any other State park. The territory acquired is subject to all the general laws passed by the legislature not inconsistent with this section.
Md. Code, Economic Development § 5-401 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

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

(b) “Authority” means the Maryland Industrial Development Financing Authority.

(c) (1) “Authorized purpose obligation” means an evidence of obligation issued, offered for sale, or delivered by any person or public body for any purpose that the Authority determines will accomplish the purposes of this subtitle.

(2) “Authorized purpose obligation” includes:

(i) a bond;

(ii) a note;

(iii) a certificate; and

(iv) any other evidence of obligation.

(d) (1) “Bond” means a bond or note that is issued and sold by a public body, unit, or instrumentality of the State to finance a facility or refund an outstanding bond.

(2) “Bond” includes:

(i) a bond anticipation note;

(ii) a note in the nature of commercial paper or other instrument;

(iii) a certificate;

(iv) a bond issued under this subtitle or Title 12, Subtitle 1 of this article (Maryland Economic Development Revenue Bond Act); and

(v) any other evidence of obligation.

(e) “Cogeneration” means the combined generation by a facility of:

(1) electrical or mechanical power; and

(2) energy used for industrial, commercial, heating or cooling purposes, including:

(i) steam;

(ii) heat; and

(iii) other forms of energy.

(f) “Commercial building” means a building that:

(1) is used primarily to carry on a for–profit or nonprofit business;

(2) is not residential; and

(3) is not used primarily to manufacture or produce raw materials, products, or agricultural commodities.

(g) “Energy audit” means:

(1) an energy audit performed for the purposes of Title VII of the Energy Policy and Conservation Act, 42 U.S.C. §§ 6201 through 6422; or

(2) an onsite inspection of a commercial building, an industrial building, or an industrial process to determine and provide information on:

(i) the type, quantity, and rate of energy consumption of the building or process;

(ii) maintenance and operation procedures that might reduce the energy consumption of the building or process; and

(iii) the cost of implementing an appropriate energy conservation project, a solar energy project, or both, and the savings in energy costs likely to result from the project.

(h) “Energy conservation project” means a project that qualifies under § 5-447 of this subtitle.

(i) (1) “Energy project” means a project that qualifies under § 5-445 of this subtitle.

(2) “Energy project” includes:

(i) an energy conservation project; and

(ii) a solar energy project.

(j) “Export-related financing transaction” means financing provided to a manufacturer of goods in the State, or a seller of goods or services in the State, if the goods or services are intended for sale to a foreign entity.

(k) (1) “Facility” has the meaning stated in § 12-101 of this article.

(2) “Facility” includes an energy project.

(l) “Facility applicant” has the meaning stated in § 12-101 of this article.

(m) “Facility user” has the meaning stated in § 12-101 of this article.

(n) “Finance” includes refinance.

(o) “Foreign entity” means:

(1) a person located outside the United States; or

(2) a governmental unit of a country other than the United States.

(p) “Fund” means the Industrial Development Fund established under § 5-423 of this subtitle.

(q) “Improve” means to construct, reconstruct, equip, expand, extend, improve, install, rehabilitate, or remodel.

(r) “Improvement” means construction, addition, alteration, equipping, expansion, extension, improvement, installation, reconstruction, rehabilitation, remodeling, or repair.

(s) (1) “Industrial building” means a building that:

(i) is used primarily to carry on a for–profit or nonprofit business;

(ii) is used primarily for an industrial process; and

(iii) controls energy usage within its exterior envelope but does not have a peak design rate of energy usage of less than:

1. 3.5 B.T.U. per hour per square foot; or

2. 1 watt per square foot of floor area.

(2) “Industrial building” does not include a commercial building or a residential building.

(t) “Industrial process” means:

(1) a process used to produce or manufacture goods or products; or

(2) the storage or shipment of materials, goods, or products.

(u) “Public body” has the meaning stated in § 12-101 of this article.

(v) “Public port” has the meaning stated in § 12-101 of this article.

(w) “Retail establishment” means an establishment that sells goods or services to the ultimate user or consumer for personal use rather than business use.

(x) “Solar energy project” means a project that qualifies under § 5-448 of this subtitle.
Md. Code, Family Law § 5-513 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-513
§5–513.
Status: in_force

Within 60 days after it receives the application, the Administration shall issue or deny a license under this subtitle and give notice of the action to the applicant.
Md. Code, Environment § 5-1106 — MD Code / Article gen / Title 5 / Subtitle 11 / Section 5-1106
§5–1106.
Status: in_force

The Attorney General of Maryland or the State’s Attorney of any county of the State that borders on a portion of the Chesapeake Bay or on a tidewater portion of any of the Chesapeake Bay’s tributaries may enforce this subtitle and may seek criminal penalties against any person who violates or is alleged to be violating § 5-1102 of this subtitle anywhere in the area of the Chesapeake Bay and the tidewater portions of the Chesapeake Bay’s tributaries.
Md. Code, Family Law § 5-319 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-319
§5–319.
Status: in_force

(a) Subject to subsection (b) of this section, a juvenile court shall rule on a guardianship petition:

(1) within 180 days after the petition is filed; and

(2) within 45 days after the earlier of:

(i) receipt of all of the consents required under this Part II of this subtitle; or

(ii) trial on the merits.

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

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

(2) expiration of the time set for revocation of consent, and not waived, under § 5–321(c) of this subtitle; or

(3) expiration of the time to respond to the show–cause order issued under § 5–316 of this subtitle.
Md. Code, Corporations and Associations § 5-130 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-130
§5–130.
Status: reserved

(a) Except as provided in subsection (b) of this section, the repeal of a statute by enactment of this subtitle does not affect:

(1) The operation of the statute or any action taken under it before the statute’s repeal;

(2) A ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred after the statute’s repeal;

(3) Any violation of the statute, or any penalty, forfeiture, or punishment incurred because of the violation, before its repeal; or

(4) Any proceeding, reorganization, or dissolution commenced under the statute before its repeal.

(b) If a penalty or punishment imposed for a violation of a statute repealed by this subtitle is reduced by this subtitle, the penalty or punishment, if not already imposed, shall be imposed in accordance with this subtitle.
Md. Code, Public Safety § 5-109 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-109
§5–109.
Status: in_force

The Secretary shall conduct an investigation to determine the truth or falsity of the information supplied and the statements made in an application for a dealer’s license.
Md. Code, Insurance § 5-915 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-915
§5–915.
Status: in_force

(a) (1) A ceding insurer shall take steps to manage its reinsurance recoverables proportionate to its own book of business.

(2) (i) A domestic ceding insurer shall notify the Commissioner within 30 days after reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, exceeds or is likely to exceed 50% of the domestic ceding insurer’s last reported surplus to policyholders.

(ii) The notification required by subparagraph (i) of this paragraph shall demonstrate that the domestic ceding insurer is safely managing the exposure.

(b) (1) A ceding insurer shall take steps to diversify its reinsurance program.

(2) (i) A domestic ceding insurer shall notify the Commissioner within 30 days after ceding or being likely to cede to any single assuming insurer, or group of affiliated assuming insurers, more than 20% of the ceding insurer’s gross written premium in the prior calendar year.

(ii) The notification required by subparagraph (i) of this paragraph shall demonstrate that the domestic ceding insurer is safely managing the exposure.
Md. Code, Economic Development § 5-439 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-439
§5–439.
Status: in_force

(a) The Authority may set premiums and fees for financial assistance under this subtitle in its sole discretion.

(b) The premiums and fees shall be payable in the amounts, at the time, and in the manner that the Authority requires in its sole discretion.

(c) The premiums and fees may vary in amount among approvals for financial assistance under this subtitle and at different stages of the financial assistance.
Md. Code, State Finance and Procurement § 5A-355 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-355
§5A–355.
Status: in_force

(a) The Trust shall administer the Program and coordinate the Program with federal, State, and private programs that complement or facilitate carrying out the Program.

(b) The Trust shall:

(1) survey the locations, resources, and needs of museums in the State;

(2) provide technical and general advisory assistance to museums that qualify or seek to qualify for grants under the Program; and

(3) encourage museums to develop long-range plans and to achieve accreditation by the American Association of Museums or another appropriate entity that accredits museums and helps them to meet professional standards.
Md. Code, Courts and Judicial Proceedings § 5-1108 — MD Code / Article gcj / Title 5 / Subtitle 11 / Section 5-1108
§5–1108.
Status: in_force

(a) (1) To apply for registration as a structured settlement transferee, an applicant shall:

(i) Submit to the Attorney General under oath an application on the form provided by the Attorney General; and

(ii) Pay a registration fee of $2,000, of which $1,500 shall be refundable in the event that the Attorney General denies the application for registration.

(2) All fees collected under this subsection shall be used to administer the registration program.

(3) In the case of an applicant that, at the time of its application, is not registered with the Attorney General as a structured settlement transferee, the Attorney General shall grant or deny an application for registration within 90 days of submission of the complete application and all applicable fees.

(b) (1) The Attorney General may require a structured settlement transferee to reapply for registration on an annual basis or less frequently, as the Attorney General determines.

(2) In the case of a registrant applying for renewal of its registration, the Attorney General shall grant or deny an application for registration within 30 days of submission of the complete application and all applicable fees.

(c) If the Attorney General determines that additional information from an applicant is needed, the Attorney General may extend unilaterally the deadline for granting or denying the application for registration by an additional 60 days.

(d) The application for registration as a structured settlement transferee shall require an applicant to provide:

(1) The applicant’s full name;

(2) The address of the applicant’s principal office or place of business;

(3) In the case of an applicant who is an individual, the applicant’s Social Security number;

(4) In the case of an applicant other than an individual:

(i) The applicant’s federal employer identification number; and

(ii) The name and business address of:

1. Each officer, director, general partner, member, and manager, if a limited liability company, of the applicant;

2. If the applicant is not subject to reporting requirements under the Securities Exchange Act of 1934, each person who owns 5% or more of the applicant; and

3. Each officer, director, member, and principal of the applicant;

(5) Any trade name through which the applicant intends to do business as a transferee in the State, provided that a transferee may maintain registration of no more than four trade names; and

(6) Any other information that the Attorney General requires.

(e) If the Attorney General denies an application for registration, the Attorney General shall specify in writing the reason for the denial.
Md. Code, Family Law § 5-362 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-362
§5–362.
Status: in_force

(a) Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:

(1) placement of an individual to live with a preadoptive parent, as defined in § 3-823(i)(1) of the Courts Article; or

(2) an agreement for custody in contemplation of adoption.

(b) (1) In this subsection, “Administration” means the Social Services Administration of the Department.

(2) This section does not:

(i) prohibit payment, by an interested person, of a customary and reasonable charge or fee for hospital, legal, or medical services; or

(ii) prevent the Administration, or a person that the Administration licenses or supervises, from receiving and accepting reasonable reimbursement for costs of an adoptive service in connection with adoption, if:

1. the reimbursement is in accordance with standards set by regulation of the Administration; and

2. the ability to provide this reimbursement does not affect:

A. the acceptability of any individual for adoptive services; or

B. the choice of the most suitable prospective adoptive parent.

(c) Each State’s Attorney shall enforce this section.

(d) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 months or both, for each offense.
Md. Code, Agriculture § 5-114 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-114
§5–114.
Status: in_force

This subtitle may be cited as the Maryland Pesticide Registration and Labeling Law.
Md. Code, Local Government § 5-301 — MD Code / Article glg / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

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

(b) “Private community” means:

(1) a community governed by a homeowners association, as defined under the Maryland Homeowners Association Act;

(2) a condominium, as defined under the Maryland Condominium Act; or

(3) a cooperative housing corporation, as defined under the Maryland Cooperative Housing Corporation Act.

(c) “Residential street service” means:

(1) removing snow, ice, or other obstructions from roadways;

(2) lighting roadways and maintaining the lighting equipment;

(3) collecting leaves, recyclable materials, or garbage along roadways; or

(4) maintaining roadways.

(d) “Roadway” means a paved surface that provides vehicular access or is designated for parking.
Md. Code, Transportation § 5-1004 — MD Code / Article gtr / Title 5 / Subtitle 10 / Section 5-1004
§5–1004.
Status: in_force

The liability of the owner of one aircraft to the owner of another aircraft or to any person in either aircraft for damages caused by collision on land or in the air is governed by the rules of law applicable to torts on land.
Md. Code, Courts and Judicial Proceedings § 5-602 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

(a) In this section, “emergency management and civil defense” and “emergency” have the meanings stated in the State Emergency Management and Civil Defense Act.

(b) No action for damages may be brought against a person, firm, or corporation who allows premises which he owns, controls, or occupies to be used, free of charge, for one of the following purposes:

(1) Sheltering persons during an attack or raid by an enemy;

(2) Stocking of food, water, medical supplies, equipment, or other materials to be used in the event of an attack upon the United States; or

(3) Sheltering persons during an emergency.

(c) This section applies only to injuries to person or property incurred on or adjacent to the premises:

(1) During an actual or practice attack or raid;

(2) While supplies and materials are being moved or stored;

(3) During an emergency; or

(4) During inspections or visits connected with emergency management and civil defense.
Md. Code, Health Occupations § 5-402 — MD Code / Article gho / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

(a) Except as otherwise provided under this title, a person may not represent or imply to the public by use of the title “licensed dietitian-nutritionist”, by other title, by description of services, methods, or procedures that the person is authorized to practice dietetics in the State.

(b) Unless authorized to practice dietetics under this title, a person may not use the words or terms “dietitian-nutritionist”, “licensed dietitian-nutritionist”, “LDN”, “dietitian”, “licensed dietitian”, “D”, “LD”, “nutritionist”, “licensed nutritionist”, or “LN”.
Md. Code, Family Law § 5-304 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

This subtitle is related to and should be read in relation to Subtitle 5 of this title.
Md. Code, Financial Institutions § 5-513 — MD Code / Article gfi / Title 5 / Subtitle 5 / Section 5-513
§5–513.
Status: in_force

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

(2) “Check” means a draft that is drawn on a banking institution and payable on demand.

(3) “Check facsimile” means a copy of an original check reproduced through photographic, photostatic, microfilm, microcard, miniature photographic, optical imaging, electronic, digital, magnetic, wireless, electromagnetic, or other process that accurately reproduces or forms a durable medium for reproducing the original check.

(4) “Draft” has the meaning stated in § 3-104 of the Commercial Law Article.

(5) “Truncated account” means a checking, negotiable order of withdrawal, or similar deposit account for which the original checks drawn on the account are not returned to the customer on a regular basis.

(b) (1) (i) On request of a customer with a truncated account, a banking institution shall return any check the customer requires for tax audits or litigation or in connection with campaign finance reporting requirements under the Election Law Article, at no cost to the customer.

(ii) If a banking institution returns check facsimiles instead of original checks to a customer under subparagraph (i) of this paragraph, on request of the customer, the banking institution shall return to the customer, at no additional cost to the customer, check facsimiles of the front and the back of the customer’s original checks that are at least the same size as the customer’s original checks.

(2) Subject to the requirements of subsection (c)(1) and (2) of this section, in all other instances, on request of a customer with a truncated account, the banking institution shall return a maximum of 2 checks per month, at no cost to the customer.

(3) A banking institution required to return a check to a customer under this subsection may return a check facsimile instead of the original check.

(c) (1) On request of a customer with a truncated account under which the customer does not receive check facsimiles on a regular basis, a banking institution shall return to the customer on a regular basis, at the banking institution’s option, either the customer’s original checks or check facsimiles of the front of the customer’s original checks.

(2) On request of a customer with a truncated account under which the banking institution returns check facsimiles on a regular basis, a banking institution shall return to the customer on a regular basis, at no additional cost to the customer, check facsimiles of the front of the customer’s original checks that are at least the same size as the customer’s original checks.
Md. Code, Economic Development § 5-436 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-436
§5–436.
Status: in_force

(a) The Authority may issue and sell bonds in accordance with Title 12, Subtitle 1 of this article (Maryland Economic Development Revenue Bond Act) and this subtitle to accomplish the purposes of this subtitle.

(b) (1) The Authority may issue its bonds without the consent of any other unit of State government, any proceedings, or the occurrence of any conditions, other than those expressly required by this subtitle.

(2) (i) Before the Authority issues bonds, the Authority shall notify the Board of Public Works of its intention to issue the bonds up to a stated amount.

(ii) The Board of Public Works may coordinate the issuance of the bonds with any issuance of bonds of the State or its units or instrumentalities.

(3) The failure of the Authority to notify the Board of Public Works under paragraph (2)(i) of this subsection does not affect the validity or enforceability of bonds, findings or determinations, or agreements of the Authority.

(c) (1) When the Authority issues bonds, it is in the public interest that the Authority try to achieve a goal that 10% of the facility users are minority business enterprises as defined in § 14-301 of the State Finance and Procurement Article.

(2) The failure of the Authority to achieve the goal set out under paragraph (1) of this subsection does not affect in any way the validity or enforceability of bonds, findings or determinations, or agreements of the Authority.

(d) (1) This subsection does not apply to insurance that the Authority provides.

(2) A bond the Authority issues and the interest on the bond are limited obligations of the Authority.

(3) Except for bond anticipation notes and notes in the nature of commercial paper, the principal of, premium, and interest on a bond are payable solely from:

(i) money from the financing of a facility; and

(ii) other money made available to the Authority.

(4) Bonds and the interest on them:

(i) are not debts or charges against the general credit or taxing powers of the State, the Department, the Authority, or any other public body within the meaning of any constitutional or charter provision or statutory limitation; and

(ii) may not give rise to any pecuniary liability of the State, the Department, the Authority, or any other public body.

(5) A bond may state on its face that the bond:

(i) is issued under Title 12, Subtitle 1 of this article (Maryland Economic Development Revenue Bond Act) and this subtitle; and

(ii) is not a debt to which the faith and credit of the State, the Department, the Authority, or any other public body is pledged.

(e) Bonds that the Authority issues are exempt from State and local taxes as provided in § 12-116 of this article.

(f) Facilities financed with the proceeds of bonds that the Authority issues are not subject to the requirements of any law regarding competitive bidding.
Md. Code, Environment § 5-1104.2 — MD Code / Article gen / Title 5 / Subtitle 11 / Section 5-1104.2
§5–1104.
Status: in_force

§5–1104.2.

(a) There is an Executive Committee created to provide oversight in the development of the State of Maryland’s plans for dredged material management.

(b) (1) The Executive Committee shall consist of:

(i) The Secretary of Transportation, or the Secretary’s designee;

(ii) The Secretary of Natural Resources, or the Secretary’s designee;

(iii) The Secretary of the Environment, or the Secretary’s designee;

(iv) A representative of the Chesapeake Bay Foundation, designated by the Chesapeake Bay Foundation;

(v) A representative of the Management Committee of the Dredged Material Placement Program; and

(vi) A citizen representative, appointed by the Governor.

(2) The Governor shall invite the following people to serve as members of the Executive Committee:

(i) A representative of the Army Corps of Engineers, Philadelphia District; and

(ii) A representative of the Army Corps of Engineers, Baltimore District.

(c) The Executive Committee shall meet as needed, but not less than semiannually.

(d) The Executive Committee shall:

(1) Review and recommend to the Governor dredged material placement options, including, but not limited to, the placement sites identified in the October 1, 2000 Report to the Maryland General Assembly regarding the Governor’s Strategic Plan for Dredged Material Management, to fill short–term capacity needs as specified in § 5–1102(d)(2)(ii) of this subtitle;

(2) Review and recommend to the Governor elements, as part of a continuous and long–term strategic plan for dredged material management, including changes to the plan; and

(3) Review and recommend to the Governor dredged material disposal sites for long–term dredged material placement capacity based on the following hierarchy:

(i) Beneficial use and innovative reuse of dredged material;

(ii) Upland sites and other environmentally sound confined capacity;

(iii) Expansion of existing dredged material disposal capacity other than the Hart–Miller Island Dredged Material Containment Facility and areas collectively known as Pooles Island, including G–West and Site 92; and

(iv) Other dredged material placement options to meet long–term placement needs, except for redepositing dredged material in an unconfined manner.
Md. Code, Business Occupations and Professions § 5-311 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-311
§5–311.
Status: in_force

(a) The initial term of a license is 2 years.

(b) A license expires on the date set by the Board unless the license is renewed for an additional term as provided in this section.

(c) (1) At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:

(i) a renewal application form; and

(ii) a notice that states:

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

2. the amount of the renewal fee.

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

(d) Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:

(1) otherwise is entitled to be licensed;

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

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

(4) submits to the Board satisfactory evidence of completion of the continuing education requirements under § 5–205 of this title.

(e) The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.

(f) (1) If an individual who, on or before September 30, 1999, holds a limited license to provide esthetic services files an application to renew the license, the Board shall grant a waiver of the requirement for completion of hours of instruction under § 5–305(b)(3)(ii) of this subtitle that are in addition to the hours of instruction required on or before that date.

(2) If an individual who, on or before September 30, 1999, holds a limited license to provide manicuring services files an application to renew the license, the Board shall grant a waiver of the requirement for completion of hours of instruction under § 5–305(b)(3)(ii) of this subtitle that are in addition to the hours of instruction required on or before that date.
Md. Code, Family Law § 5-4A-07 — MD Code / Article gfl / Title 5 / Subtitle 4A / Section 5-4A-07
§5–4A–07.
Status: in_force

The Administration may adopt regulations necessary to carry out this subtitle.
Md. Code, Natural Resources § 5-209 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-209
§5–209.
Status: in_force

(a) The Department may make rules and regulations for the maintenance of order, safety, sanitation, traffic control, or for the protection of trees and other property and the preservation of the natural beauty within the State parks and forests, State reserves, scenic preserves, parkways, historical monuments, recreational areas, and any other lands under its control. The rules and regulations shall be posted in conspicuous places upon the lands and enforced by the forest and park officers.

(b) (1) The Secretary shall promulgate rules and regulations regarding equipment standards and the operation of off–road vehicles by type, as defined in § 10–410(d) of this article, on property owned or controlled by the Department.

(2) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, the Secretary shall conduct appropriate studies and, by January 1, 1975, designate and identify areas for use by the general public for operation of motorcycles, snowmobiles and other off–road vehicles on that property exclusive of wildlife management areas or State fisheries management areas to the extent such use is compatible with the character and established uses of property controlled by the Department.

(ii) An off–road vehicle may not be used:

1. Where its operation will damage the wildland character of the property; or

2. Where the noise from its operation will be audible at or interfere with the use of a picnic or camping area open to public use.

(iii) The Department may not establish an off–road vehicle trail on State–owned property located in Sideling Hill in Washington County, including:

1. The Sideling Hill Wildlife Management Area; and

2. The areas of Sideling Hill that are located to the north and south of Interstate 68.

(3) (i) Prior to March 31, 1976, every off–road vehicle to be used on Department lands shall be registered and provided suitable identification by the Department, which shall charge an annual uniform fee for all registrants, revenues derived from which shall be used to acquire and maintain areas for off–road vehicle use by the general public.

(ii) Any investment earnings derived from the revenues shall be credited to the General Fund of the State. Revenues from the fee are not subject to § 7–302 of the State Finance and Procurement Article.

(iii) Revenues may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.

(4) Any property to be acquired or designated for off–road vehicle use shall be subject to a public hearing held in the county or counties wherein the property is situated.

(c) The Department shall, with the endorsement of the Secretary of Natural Resources and the Secretary of Health, after a public hearing following 60 days’ notice, adopt and publish maximum sound level limits under specified measurement conditions governing the operation of motor–driven off–highway vehicles in State parks and forests and other lands under its control not later than January 1, 1976. Such limits shall be established at the most restrictive level consistent with the attainment of the environmental noise standards adopted by the Maryland Department of Health which is achievable through the application of the best available technology and at a reasonable cost. The Department shall adopt and enforce regulations for the administration and enforcement of this section, taking into account accepted scientific and professional methods for measurement of sound levels.

(d) (1) No person may sell, offer for sale, distribute, or lease any new motor–driven off–highway recreational vehicle that is of a type not subject to registration under the Maryland Vehicle Law and that has a maximum sound level potential exceeding the sound level limits established by the Department for the maximum allowable noise emissions from such vehicles.

(2) The Department shall, after consultation with the Department of Transportation, and with the endorsement of the Secretary of Natural Resources and Secretary of Health, after a public hearing following 60 days’ notice, adopt and publish maximum sound level limits for the various classes of such vehicles not later than January 1, 1976. Such limits shall be established at the most restrictive level consistent with the environmental noise standards adopted by the Maryland Department of Health which is achievable through the application of the best available technology and at a reasonable cost.

(3) The Department shall establish test procedures to establish compliance with the limits adopted, taking into consideration accepted scientific and professional standards for the measurement of sound. Such test procedures shall be in substantial conformity with test procedures contained in applicable standards and recommended practices established by the Society of Automotive Engineers, Inc., or its successor bodies, or the American National Standards Institute or its successor bodies, for the measurement of sound levels.

(4) The manufacturer, distributor, importer, or designated agent shall file a written certificate under oath with the Department that the makes and models described thereon comply with the requirements established pursuant to this section. Such certificates shall be filed for each make and model sold in this State.

(e) The Department shall adopt regulations that prescribe the type and color of paint to be used for posting private property under § 6–402 of the Criminal Law Article.
Md. Code, State Personnel and Pensions § 5-305 — MD Code / Article gsp / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

Subject to the limitations of § 5–306 of this subtitle, a supervisor, appointing authority, or the head of a principal unit may not take or refuse to take any personnel action as a reprisal against:

(1) an employee who discloses information that the employee reasonably believes evidences:

(i) an abuse of authority, gross mismanagement, or gross waste of money;

(ii) a substantial and specific danger to public health or safety; or

(iii) a violation of law;

(2) an employee of the Department of Juvenile Services who discloses information to the Director of Juvenile Justice Monitoring or staff of the Office of the Correctional Ombudsman, including the Juvenile Justice Monitoring Unit relating to the Unit’s duties under § 9–4014 of the State Government Article;

(3) an employee of the Department of Public Safety and Correctional Services who discloses information to the Correctional Ombudsman or staff of the Office of the Correctional Ombudsman relating to the Office’s duties under § 9–4004 of the State Government Article; or

(4) an employee who, following a disclosure under item (1), (2), or (3) of this section, seeks a remedy provided under this subtitle or any other law or policy governing the employee’s unit.
Md. Code, Public Safety § 5-305 — MD Code / Article gps / Title 5 / Subtitle 3 / Section 5-305
§5–305.
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) Except as provided in subsection (g) of this section, the Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a permit.

(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.

(g) For an employee of an armored car company who is an applicant for a permit, the Secretary may accept a criminal background investigation performed on behalf of the armored car company in place of the criminal history records check required by this section if:

(1) the criminal background investigation meets the minimum requirements established by the Department of State Police; and

(2) the Secretary performs a cursory check to verify the facts listed in the criminal background investigation.
Md. Code, Corporations and Associations § 5-5A-13 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-13
§5–5A–13.
Status: in_force

(a) Until the first annual meeting of members and until successors are elected and qualified, the board of directors shall consist of:

(1) Individuals named as directors in the articles; or

(2) If no directors are named, the incorporators.

(b) (1) The directors shall be elected by the members or by delegates of the members.

(2) Unless the bylaws provide otherwise, the directors shall be elected at the first annual membership meeting and at each subsequent annual membership meeting, and shall hold office until the next annual membership meeting and until their successors are elected and qualified.

(3) The bylaws may provide for staggered terms of directors and delegates.
Md. Code, Economic Development § 5-2503 — MD Code / Article gec / Title 5 / Subtitle 25 / Section 5-2503
§5–2503.
Status: in_force

§5–2503. IN EFFECT

// EFFECTIVE UNTIL SEPTEMBER 30, 2026 PER CHAPTER 409 OF 2024 //

(a) The Commission consists of the following members:

(1) the Secretary, or the Secretary’s designee;

(2) the Secretary of State, or the Secretary of State’s designee;

(3) two members of the Senate of Maryland, appointed by the President of the Senate, who have knowledge of organizations that promote Irish affairs, or current or past involvement in organizations that promote Irish affairs, or have an interest in the well–being of trade relations between Maryland and Ireland;

(4) two members of the House of Delegates, appointed by the Speaker of the House, who have knowledge of organizations that promote Irish affairs, or current or past involvement in organizations that promote Irish affairs, or have an interest in the well–being of trade relations between Maryland and Ireland; and

(5) the following members, appointed by the Governor, with the advice and consent of the Senate:

(i) one representative of a public institution of higher education;

(ii) one representative of the Maryland Chamber of Commerce or its successor organization; and

(iii) two representatives of the Irish–American community, who may not be of the same political party.

(b) The chair and vice chair of the Commission shall be elected from among the members of the Commission.

(c) A member of the Commission:

(1) may not receive compensation as a member of the Commission; but

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

(d) The Governor may remove an appointed member for incompetence, misconduct, or failure to perform the duties of the position.
Md. Code, Criminal Law § 5-302 — MD Code / Article gcr / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) A registration expires on the date set by the Department unless it is renewed for an additional term as provided in this section.

(b) A registration may not be renewed for more than 3 years.
Md. Code, Family Law § 5-525.1 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-525.1
§5–525.
Status: in_force

§5–525.1.

(a) If a child placement agency to which a child is committed under § 5-525 of this subtitle determines that adoption of the child is in the best interest of the child, the child placement agency shall refer the case to the agency attorney within 60 days of the determination and the agency attorney shall file a petition for termination of the natural parent’s rights with the court within 60 days of receipt of the referral.

(b) (1) Except as provided in paragraph (3) of this subsection, a local department to which a child is committed under § 5-525 of this subtitle shall file a petition for termination of parental rights or join a termination of parental rights action that has been filed if:

(i) the child has been in an out-of-home placement for 15 of the most recent 22 months;

(ii) a court finds that the child is an abandoned infant; or

(iii) a court finds that the parent has been convicted, in any state or any court of the United States, of:

1. a crime of violence against:

A. a minor offspring of the parent;

B. the child; or

C. another parent of the child; or

2. aiding or abetting, conspiring, or soliciting to commit a crime described in item 1 of this item.

(2) For purposes of this subsection, a child shall be considered to have entered an out-of-home placement 30 days after the child is placed into an out-of-home placement.

(3) A local department is not required to file a petition or join an action if:

(i) the child is being cared for by a relative;

(ii) the local department has documented in the case plan, which shall be available for court review, a compelling reason why termination of parental rights would not be in the child’s best interests; or

(iii) the local department has not provided services to the family consistent with the time period in the local department’s case plan that the local department considers necessary for the safe return of the child to the child’s home.

(c) If a petition is filed under subsection (b) of this section, the local department shall identify, recruit, process, and seek to approve a qualified family for adoption, guardianship, or other permanent placement.

(d) This section may not be construed to:

(1) prohibit the filing of a petition at an earlier date or under other appropriate circumstances; or

(2) require a local department to file a petition or, except as otherwise provided by law, require expedited termination of parental rights for a child in kinship care.
Md. Code, Courts and Judicial Proceedings § 5-625 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-625
§5–625.
Status: in_force

(a) A person who acts in good faith is not civilly liable for:

(1) Making a report under § 7-1005 of the Health - General Article;

(2) Participating in an investigation arising out of a report under § 7-1005 of the Health - General Article; or

(3) Participating in a judicial proceeding arising out of a report under § 7-1005 of the Health - General Article.

(b) This section does not grant any immunity for an abuser who makes a report or participates in the investigation or proceeding.
Md. Code, Public Safety § 5-107 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-107
§5–107.
Status: in_force

(a) (1) An applicant for a dealer’s license shall:

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

(ii) pay to the Secretary an application fee of $50, payable to the Comptroller.

(2) A refund or proration of the application fee is prohibited.

(b) An application for a dealer’s license shall contain:

(1) the applicant’s name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, and signature;

(2) a clear and recognizable photograph of the applicant, unless the photograph has been submitted with a prior year’s application;

(3) a set of the applicant’s fingerprints, unless the fingerprints have been submitted with a prior year’s application; and

(4) a statement by the applicant that the applicant:

(i) is a citizen of the United States;

(ii) is at least 21 years old;

(iii) has never been convicted of a disqualifying crime;

(iv) has never been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

(v) is not a fugitive from justice;

(vi) is not a habitual drunkard;

(vii) is not addicted to a controlled dangerous substance or is not a habitual user; and

(viii) has never spent more than 30 consecutive days in a medical institution for treatment of a mental disorder, unless a physician’s certificate issued within 30 days before the date of application is attached to the application, certifying that the applicant is capable of possessing a regulated firearm without undue danger to the applicant or to another.

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

(d) If an applicant is a corporation, a corporate officer who is a resident of the State shall complete and execute the application.
Md. Code, Agriculture § 5-2A-03 — MD Code / Article gag / Title 5 / Subtitle 2A / Section 5-2A-03
§5–2A–03.
Status: in_force

The Department shall incorporate pollinator habitat expansion and enhancement practices into the State’s Managed Pollinator Protection Plan developed in coordination with the U.S. Environmental Protection Agency.
Md. Code, Economic Development § 5-904 — MD Code / Article gec / Title 5 / Subtitle 9 / Section 5-904
§5–904.
Status: in_force

The Department shall adopt regulations to carry out this subtitle.
Md. Code, State Finance and Procurement § 5A-311 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-311
§5A–311.
Status: in_force

(a) The purposes of the Trust are to:

(1) preserve, protect, and enhance districts, sites, buildings, structures, and objects of significance in the prehistory, history, upland and underwater archaeology, architecture, engineering, and culture of the State;

(2) encourage others to do the same; and

(3) promote interest in and study of those things listed in item (1) of this subsection.

(b) The Trust is charitable and is intended to benefit the residents of the State.

(c) The General Assembly may modify the Trust to carry out the purposes of the Trust.
Md. Code, Economic Development § 5-2101 — MD Code / Article gec / Title 5 / Subtitle 21 / Section 5-2101
§5–2101.
Status: in_force

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

(b) “Advisory Commission” means the Advisory Commission on Maryland Alcohol Manufacturing.

(c) “Beer” has the meaning stated in § 1–101 of the Alcoholic Beverages and Cannabis Article.

(d) “Brewery” means an establishment operated under a Class 5 brewery license, Class 6 pub–brewery license, Class 7 micro–brewery license, or Class 8 farm brewery license.

(e) “Distilled spirits” has the meaning stated in § 5–101 of the Tax – General Article.

(f) “Distillery” means an establishment operated under a Class�1 distillery license or Class 9 limited distillery license.

(g) “Fund” means the Maryland Alcohol Manufacturing Promotion Fund.

(h) “Grower” means a person who:

(1) grows grapes, hops, fruit, honey, or grain to be included in manufactured alcohol in the State; and

(2) produces at least $10,000 worth of these products each year.

(i) “Viticulture” means the cultivation and study of grapes and grape vines.

(j) “Wine” has the meaning stated in § 1–101 of the Alcoholic Beverages and Cannabis Article.

(k) “Winery” means an establishment operated under a Class 3 winery license or Class 4 limited winery license.
Md. Code, Family Law § 5-3A-21 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-21
§5–3A–21.
Status: in_force

In an order entered under this subtitle, a court shall document:

(1) the response by each party to the guardianship petition; and

(2) the waiver, if any, of a parent to notice of further proceedings.
Md. Code, Education § 5-208 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-208
§5–208.
Status: in_force

Any employer Social Security contributions required by federal law for any employee of a county board or local school system shall remain the obligation of the employer.
Md. Code, State Finance and Procurement § 5-404 — MD Code / Article gsf / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) The Department may collect reimbursement, in accordance with an agreement, for technical services the Department provides under § 5-402 or § 5-403(a) of this subtitle.

(b) Except as otherwise provided in subsection (a) of this section, the Department may require a contribution in any amount from a local government or regional planning agency that requests assistance under § 5-403 of this subtitle.

(c) If federal law requires a contribution in any amount as a condition before a local government or a regional planning agency may receive financial or other planning assistance, the Department may supply all or part of the contribution as provided in the State budget, unless the federal law specifies that the local government or regional planning agency shall make the contribution.
Md. Code, Estates and Trusts § 5-709 — MD Code / Article get / Title 5 / Subtitle 7 / Section 5-709
§5–709.
Status: in_force

An estate under modified administration shall close not later than 13 months from the date of appointment, if a verified final report under modified administration is filed and all probate fees and inheritance taxes are paid.
Md. Code, State Finance and Procurement § 5-601 — MD Code / Article gsf / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

In this subtitle, “Plan” means the State Development Plan.
Md. Code, Health - General § 5-409 — MD Code / Article ghg / Title 5 / Subtitle 4 / Section 5-409
§5–409.
Status: in_force

(a) A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year or both.

(b) A public officer or an officer or employee of any institution who neglects or refuses to comply with the provisions of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each offense.
Md. Code, Education § 5-414 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-414
§5–414.
Status: in_force

(a) On or after July 1, 2026, the Board, in consultation with the Maryland Longitudinal Data System Center, shall perform an evaluation that measures the effectiveness of efforts to increase diversity in:

(1) Enrollment in teacher preparation programs;

(2) Teacher candidates who successfully graduate from teacher preparation programs and subsequently enter the teaching profession; and

(3) Teachers and school leaders in primary and secondary schools in the State.

(b) The evaluation required under subsection (a) of this section shall be conducted in consultation with at least one institution of higher education in the State.

(c) On or before December 31, 2026, the Board shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the results of the evaluation performed under subsection (a) of this section, including any recommendations for alterations in State programs and policies as needed to ensure diversity in the areas described under subsection (a) of this section.
Md. Code, Environment § 5-509 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-509
§5–509.
Status: in_force

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

(2) “Asset owner” means the owner or person having control of a water infrastructure asset.

(3) “Association” means:

(i) A homeowners association, as defined in § 11B–101 of the Real Property Article;

(ii) A council of unit owners, as defined in § 11–101 of the Real Property Article; or

(iii) Any other entity owning or controlling a water infrastructure asset, the owners or members of which are owners of property adjacent to or benefited by the water infrastructure asset.

(4) “Association member” means an owner or a member of an association.

(5) “Water infrastructure asset” means a reservoir, a dam, or any other waterway construction.

(b) (1) On complaint or the Department’s own initiative, the Department may investigate or examine any water infrastructure asset.

(2) If the Department determines that the water infrastructure asset is unsafe, needs repair, or should be removed because the water infrastructure asset is unsafe and not repairable, the Department shall notify the asset owner in writing to repair or remove the water infrastructure asset, as the situation warrants.

(3) The repair or removal work shall be completed within a reasonable time, which time shall be prescribed in the Department’s notice.

(4) (i) This paragraph applies to a water infrastructure asset that the Department determines meets the criteria specified in paragraph (2) of this subsection.

(ii) If the Department determines that changes to the water infrastructure asset, including removal of the asset, are a priority for improving fish passage or for other environmental benefits, the Department:

1. May partner with the asset owner and an organization that provides resources and expertise to plan, design, or finance changes to water infrastructure assets for the purpose of repairing, removing, or retrofitting the asset in a manner consistent with the Department’s objectives; or

2. Shall prioritize the use of environmental outcomes, as defined in § 9–1601 of this article, arising from the repair, removal, or retrofit of the water infrastructure asset in any environmental mitigation program identified by the Department.

(iii) For the purpose of seeking financial assistance under Title 5, Subtitle 4 of the Economic Development Article, if the Department determines that the water infrastructure asset is not a priority under subparagraph (ii) of this paragraph but is a priority for installation of less than 30 megawatts of small hydroelectric power plant capacity, the Department shall provide notice to the Maryland Industrial Development Financing Authority of:

1. Any water infrastructure asset identified as a priority for installation of less than 30 megawatts of small hydroelectric power plant capacity under this paragraph; and

2. The repair, retrofit, or removal measures identified for the water infrastructure asset in the notice provided under paragraph (2) of this subsection.

(c) If the work is not completed in the time prescribed in the notice:

(1) The Department may have the work completed at the expense of the asset owner;

(2) The Department shall charge the asset owner for the costs to complete the work; and

(3) If repayment is not made within 30 days after written demand, the Department may bring an action in the proper court to recover the costs to complete the work.

(d) (1) The Department may take emergency actions necessary to protect life, property, or the environment if:

(i) 1. The Department determines that a water infrastructure asset is in imminent danger of failure; and

2. The asset owner has been issued a notice by the Department under subsection (b) of this section and has not completed the work in accordance with the time prescribed in the notice; or

(ii) The Department determines that:

1. A water infrastructure asset is failing; and

2. The asset owner is not taking adequate actions to protect life, property, or the environment.

(2) Emergency actions taken by the Department under this subsection may include:

(i) Taking control of the water infrastructure asset;

(ii) Lowering the level of water impounded by the water infrastructure asset by releasing the impounded water or by other means;

(iii) Completely releasing all water impounded by the water infrastructure asset;

(iv) Performing any necessary remedial or protective work at the site of the water infrastructure asset, including breaching the water infrastructure asset; and

(v) Taking any other steps the Department deems necessary to safeguard life, property, or the environment.

(3) The Department or its agents may enter any property, without prior notice to the owner of the property, if the entry is necessary to carry out emergency actions under this subsection.

(4) If the Department takes control of a water infrastructure asset under paragraph (2)(i) of this subsection, the Department shall remain in charge and control of the water infrastructure asset until the Department has determined that the water infrastructure asset has been rendered safe or the circumstances requiring the emergency actions have ceased.

(5) The Department may obtain equipment, personnel, and other resources for emergency actions taken under this subsection through any appropriate means, including emergency procurements under § 13–108 of the State Finance and Procurement Article.

(e) (1) Costs incurred by the Department under this section shall:

(i) Constitute a debt owed to the State; and

(ii) Be reimbursed to the Department by the asset owner.

(2) If any such cost remains unreimbursed 30 days after the Department makes a demand for reimbursement from the asset owner, the water infrastructure asset shall be subject to the establishment of a lien in accordance with this section for the payment of the unreimbursed amount.

(f) (1) With respect to costs incurred by the Department under this section relating to a water infrastructure asset for which an association is the asset owner, if any such cost remains unreimbursed 30 days after the Department makes a demand for reimbursement from the association, such costs shall be a debt to the State owed, and shall be reimbursed to the Department, by the association members, jointly and severally, notwithstanding any provision of law that would otherwise relieve the association members of such liability.

(2) If any such cost remains unreimbursed 30 days after the Department makes a demand for reimbursement from the association members, the lots, condominium units, or other property owned by the association members that is adjacent to or benefited by the water infrastructure asset shall be subject to the establishment of a lien in accordance with this section for the payment of the unreimbursed amount.

(g) (1) Any lien arising under subsections (e) and (f) of this section shall, to the extent not otherwise expressly prohibited by law, have priority over all other liens and encumbrances perfected after July 1, 2020, on the water infrastructure asset, or the lots, condominium units, or other property owned by the association members that is adjacent to or benefited by the water infrastructure asset.

(2) The establishment and enforcement of liens arising under subsections (e) and (f) of this section shall be governed by the rules set forth in Title 12, Chapter 300 of the Maryland Rules.

(h) No action may be brought against the State, the Department, or their respective agents or employees for the recovery of damages caused by the partial or total failure of any water infrastructure asset, or the control or operation of any water infrastructure asset, on the ground that the State, the Department, or their respective agents or employees are liable by virtue of any of the following:

(1) The approval or permitting of the water infrastructure asset;

(2) The issuance or enforcement of orders relative to maintenance or operation of the water infrastructure asset;

(3) Control or regulation of the water infrastructure asset;

(4) Actions taken to protect against failure during an emergency, including any actions taken under this subsection;

(5) The use of design and construction criteria prepared, approved, or promulgated by the Department; or

(6) The failure to issue or enforce orders, to control or regulate water infrastructure assets, to take measures to protect against any failure thereof, or to take any emergency actions contemplated by this subsection.

(i) Nothing in this section, and no act or omission of the Department under this section, shall be construed to relieve an asset owner of:

(1) The legal duties, obligations, or liabilities incident to the ownership or operation of a water infrastructure asset; or

(2) Any liability for acts or omissions of the asset owner that cause injury or death to any person, damage to any property or the environment, or violation of any law, regulation, or permit, even if acts or omissions of the Department under this section could be deemed an intervening cause of such injury, death, damage, or violation.

(j) This section does not apply to farm ponds used for agricultural purposes.
Md. Code, Human Services § 5-315 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-315
§5–315.
Status: in_force

(a) Subsections (b) and (c) of this section are not intended to create an incentive for individuals to seek temporary cash assistance benefits instead of employment.

(b) In determining a family’s eligibility for the FIP, the local department shall exclude Supplemental Security Income (SSI) benefits provided to an adult or child family member.

(c) Except as limited by federal requirements, the level of temporary cash assistance, as determined by a local department, shall:

(1) be determined with due regard to the available resources, necessary expenditures, and specific conditions of a family; and

(2) be sufficient, when added to all other income and support available to the child, to provide a child with a reasonable subsistence compatible with decency and health.

(d) A recipient who obtains employment remains eligible for medical assistance for up to 12 months after the date of employment.
Md. Code, Financial Institutions § 5-607 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

(a) All money received by the receiver shall be deposited to the receiver’s credit in any bank or trust company that the receiver chooses.

(b) (1) To safekeep and to secure payment of the money deposited with it, the depository bank or trust company shall deposit with the office of the Commissioner general obligations of or obligations guaranteed by the federal government, this State, or any of its political subdivisions.

(2) These obligations shall be valued at the lower of market value or par value, and their value always shall be at least equal to the deposits of the receiver in the bank or trust company.

(c) The receiver may waive this requirement for obligations for any money remaining more than 6 months after the dividend checks are mailed to the creditors and depositors.
Md. Code, Public Safety § 5-105 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

The Secretary shall adopt regulations to carry out this subtitle.
Md. Code, State Finance and Procurement § 5-7A-01 — MD Code / Article gsf / Title 5 / Subtitle 7A / Section 5-7A-01
§5–7A–01.
Status: in_force

The State Economic Growth, Resource Protection, and Planning Policy consists of the following planning principles for advancing sustainable growth in the State:

(1) land: optimize productivity of working landscapes, including farms and forests, and fisheries, and prioritize development within population centers that are in proximity to existing infrastructure and facilities;

(2) transportation: prioritize transportation networks that create energy efficient, affordable, and reliable access to jobs, housing, and services;

(3) housing: enable a mix of quality housing types and affordability options to accommodate all who want to live in the State;

(4) economy: allow for adaptive reuse, mixed–use, and context appropriate new development that responds to changing markets and innovations;

(5) equity: engage all sectors of the community in plan development to ensure diverse voices are heard and the needs of underserved populations are prioritized;

(6) resilience: integrate resiliency measures that will minimize the impacts of rapid and unexpected natural– and human–caused threats on communities;

(7) place: provide for public spaces that encourage social interaction and value cultural, historical, and natural resources; and

(8) ecology: protect and restore sensitive ecological systems and conserve natural resources, including forests, agricultural areas, and waterways.
Md. Code, Economic Development § 5-1005 — MD Code / Article gec / Title 5 / Subtitle 10 / Section 5-1005
§5–1005.
Status: in_force

(a) The Department shall administer the loan program authorized under this subtitle.

(b) The Department of Veterans and Military Families shall establish eligibility criteria for loans under this subtitle.
Md. Code, Natural Resources § 5-9D-04 — MD Code / Article gnr / Title 5 / Subtitle 9D / Section 5-9D-04
§5–9D–04.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, land acquired by a grant awarded under the Program may not be converted from outdoor public recreation or open space to any other use without the prior written approval of:

(i) The Secretary;

(ii) The Secretary of Budget and Management; and

(iii) The Secretary of Planning.

(2) A conversion of land under paragraph (1) of this subsection may be approved only after the grant recipient replaces the land being converted with land that has:

(i) An area that is at least equivalent in size with the land being converted;

(ii) A recreation or open space value equivalent with that of the land being converted; and

(iii) An appraised value equivalent to or greater than that of the land being converted.

(b) Land developed or improved by a grant awarded under the Program must be operated and maintained for public use by the grant recipient for at least 15 years from the project completion date.
Md. Code, Environment § 5-906 — MD Code / Article gen / Title 5 / Subtitle 9 / Section 5-906
§5–906.
Status: in_force

(a) The following types of activities shall be exempt from the permit requirements of this section if notice is given to the Department and best management practices are implemented:

(1) Activities which normally occur in nontidal wetlands with minimal impact on nontidal wetlands, including the repair and maintenance of existing structures, utilities, including underground utilities, rights-of-way, and railroad beds; or

(2) Activities in isolated nontidal wetlands of less than 1 acre and having no significant plant or wildlife value.

(b) (1) After December 31, 1990 a person may not conduct a regulated activity without first obtaining a permit from the Department.

(2) In addition to obtaining a permit, a person shall comply with all other pollution control, flood hazard reduction, sediment control, stormwater management, local zoning, and other applicable federal, State, and local regulations.

(c) To apply for a permit, the applicant shall submit a delineation of the affected nontidal wetlands and all other information as required by the Department.

(d) Within 45 days from receipt of the application, the Department shall notify the applicant whether the application is complete and the delineation is correct. If the Department fails to notify the applicant about the application or delineation within 45 days, the delineation shall be treated by the Department as correct and the application shall be treated as complete. The Department may request further information or provide for an extension of this deadline when extenuating circumstances prevent consideration of the application.

(e) After receipt of a complete application, under the procedures of § 5-204(b) through (e) of this title the Department shall issue public notice of an opportunity to submit written comments or to request a hearing. A hearing shall be held within 45 days if requested, unless extenuating circumstances justify an extension of time. The hearing is not a contested case under the State Government Article.

(f) In granting a permit, the Department may impose conditions or limitations required to carry out the provisions of this subtitle.

(g) The Department may require a bond or other instrument to secure compliance with the conditions in the permit.

(h) The Department may issue a temporary emergency permit for a regulated activity if:

(1) An unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; and

(2) The anticipated threat or loss may occur before a permit can be issued or modified as provided under this subtitle.

(i) (1) By December 31, 1989 the Department shall designate by regulation nontidal wetlands for which the buffer is to be expanded beyond 25 feet, but the total buffer may not exceed 100 feet, to assure adequate protections from adjacent activities or conditions which may adversely affect the nontidal wetland and associated aquatic ecosystem.

(2) Activities or conditions where the buffer may be expanded beyond 25 feet include the presence of slopes, highly erodible soils or other soils with development constraints, or the presence of nontidal wetlands of special State concern.

(j) The Department shall grant, deny, or condition a permit within 45 days of a public hearing or within 60 days of the receipt of a completed application if no hearing is held. After notifying the applicant, the Department may extend its action beyond these time periods for an additional 30 days for extenuating circumstances.
Md. Code, Natural Resources § 5-905 — MD Code / Article gnr / Title 5 / Subtitle 9 / Section 5-905
§5–905.
Status: reserved

(a) (1) On or before May 1 of each year, the Department shall notify each local governing body of its allocation of local acquisition and development funds for the next fiscal year within the limits imposed by the formula developed for the apportionment of the annual appropriations for Program Open Space.

(2) (i) By the first of July each year, a participating local governing body shall submit an annual program of proposed acquisition and development projects, together with a list of projects submitted by any municipal corporation to the local governing body and not included in the local governing body’s annual program, to the Department of Planning for review and to the Department for approval.

(ii) A municipal corporation may submit an annual program through its local governing body.

(iii) A subdivision, for each proposed project under this subsection, shall consider whether it is feasible to provide public access to the proposed project.

(iv) When considering whether it is feasible to provide public access to a proposed project under this paragraph, a subdivision may consider:

1. The availability of funds available under this program or from other sources to provide public access to the proposed project;

2. Public safety and liability issues if public access were provided to the site;

3. Whether the site for the proposed project was acquired as a part of a larger recreational and open space project that is not yet completed and ready for public access; and

4. The existence of a contractual commitment on the site for a proposed project that would limit public access for a period of time, including a home, agricultural, or hunting lease.

(3) (i) Upon review by the Department of Planning and approval by the Department and the Board of Public Works, the allocated funds shall be encumbered for the purposes of §§ 7–305(d)(3) and 8–128(c) of the State Finance and Procurement Article, and the annual program shall become the basis for a grant agreement for the total allocation to each of the local governing bodies.

(ii) Prior to approval of a local annual program, or any revision thereof, the Department shall provide the legislators from the district within which any part of the local jurisdiction is located the opportunity to review and comment on the annual program or its revisions.

(4) Any program may be revised by the local governing body and the revised program, after the Department of Planning reviews and the Department approves it, shall be substituted for the original program in the grant agreement.

(5) (i) In accordance with the Department’s regulations, upon receipt of evidence from the local governing body of a county or municipal corporation that funds have been spent on a project that is approved in the grant agreement, the Department shall cause the requested amount of funds from the local governing body’s allocation to be reimbursed to the local governing body.

(ii) Any municipal corporation may submit evidence of expenditures for approved projects through its local governing body to the Department.

(b) (1) Except as provided in subsection (c)(1) of this section and except in Baltimore City, at least one half of a local governing body’s annual apportionment shall be used for acquisition projects. Local matching funds are not required for acquisition projects. If the local governing body is unable to obtain federal funds pursuant to § 5–906 of this subtitle, for an approved local acquisition project, the total cost of the project shall be defrayed out of the local governing body’s annual apportionment of State funds for open space. In Baltimore City any portion of the annual apportionment may be used either for acquisition or development.

(2) A local governing body shall prepare a local land preservation and recreation plan with acquisition goals based upon the most current population data available from the Department of Planning and submit it to the Department and to the Department of Planning for joint approval according to the criteria and goals set forth in guidelines prepared by the Department and the Department of Planning. A local governing body shall revise its local land preservation and recreation plan at least every 5 years and submit the revised local plan to the Department and to the Department of Planning for joint approval 1 year prior to the revision of the Maryland Land Preservation and Recreation Plan. Prior to approval of a revised local plan, the Department shall provide the legislators from the district within which any part of the local jurisdiction is located the opportunity to review and comment on the revised local plan.

(3) Subject to the approval of the Department, a local governing body may use part of its acquisition funds for initial or periodic updating of local land preservation and recreation plans. The amount that may be used by a subdivision for planning purposes in the local land preservation and recreation plan shall not exceed $125,000 for any individual plan update within the 5–year update cycle. Local matching funds are not required for planning or updating the local land preservation and recreation plan.

(4) If federal funds are provided on any acquisition project, the State shall provide 100 percent of the difference between the total project cost and the federal contribution.

(5) (i) A local governing body shall use part of its funds reserved for acquisition for a local advance option and purchase fund. The funding level of the local advance option and purchase fund shall be determined on an annual basis and submitted as part of the annual program under subsection (a) of this section. The local advance option and purchase fund may be used to obtain an option on any parcel of land identified by the local governing body as facing intense development pressure within that county in advance of purchase or to purchase specific tracts of land.

(ii) Funds available in a local advance option and purchase fund shall be allocated in the following order of priority:

1. First to obtain an option on any parcel of land identified by the local governing body as facing intense or immediate development pressure within that county in advance of purchase, or to purchase a specific tract of land identified by the local governing body as facing intense development pressure within that county; and

2. Then to purchase property on which an option has been obtained or any other parcel of land.

(6) (i) A local governing body may use part of its funds reserved for acquisition for a local land trust grant fund.

(ii) A local land trust grant fund may be used to:

1. Make matching or reimbursable grants to land trusts for the acquisition of interests or rights in real property for recreational or open space purposes; or

2. Acquire, under an agreement with a land trust, title to or an interest or right in property owned by a land trust or property on which the land trust holds an option or a contract to purchase.

(iii) As a condition to any agreement under which a local government agrees to acquire title to or an interest or rights in property owned by a land trust or property on which the land trust holds an option or a contract to purchase, a perpetual conservation easement on the land shall be donated.

(iv) A project may not receive funds from a local land trust grant fund unless:

1. The project is approved in the local governing body’s grant agreement; or

2. The Department and the Board of Public Works approve the project as being in conformity with criteria governing land acquired under a local grant from Program Open Space.

(v) The Department may approve a grant from a local land trust grant fund conditional upon modifying its terms.

(7) (i) Except as provided in subparagraph (iii) of this paragraph, if any portion of an annual apportionment to a local governing body is not encumbered within 5 years of the allocation, the unencumbered funds shall revert to the Department, to be held by the Department in a special account until the beginning of the next fiscal year.

(ii) At the beginning of the next fiscal year, the funds held in the special account under subparagraph (i) of this paragraph shall be added to the funds appropriated under § 5–903(b) of this subtitle to assist local governing bodies in acquisition and development of land for recreation and open space purposes.

(iii) If a local governing body demonstrates to the Department that unencumbered funds have been designated for a specified purpose, subparagraph (i) of this paragraph does not apply to the funds.

(c) (1) (i) One half of any local governing body’s annual apportionment shall be used for acquisition or development projects.

(ii) 1. This subparagraph applies to a local governing body’s:

A. Apportionment not yet encumbered as of July 1, 2025;

B. Fiscal year 2026 apportionment; and

C. Future annual apportionment.

2. If the Department and the Department of Planning certify that acquisition goals set forth in the current, approved local land preservation and recreation plan have been met, a local governing body may use up to 100% of its apportionment for development projects.

(iii) If a county determines that it qualifies for the additional funds for development and capital renewal projects under subparagraph (ii) of this paragraph, before the due date for all local governing bodies to submit revised local land preservation and recreation plans, that county may submit an interim local land preservation and recreation plan:

1. Prior to the submission under subsection (b)(2) of this section; and

2. In addition to the submission required under subsection (b)(2) of this section.

(2) The State shall provide 100 percent of the total project cost of each approved local acquisition project or, if federal funds are provided, 100 percent of the difference between the total project cost and the federal contribution.

(3) (i) Except as provided in subparagraph (iii) of this paragraph, if the local governing body is unable to obtain State or federal funds other than the funds allocated under subsection (a) of this section and pursuant to § 5–906 of this subtitle, for each approved local development project the State shall provide:

1. 75 percent of the total project cost; or

2. If the Department has certified pursuant to paragraph (1) of this subsection that acquisition goals have been met, 90 percent of the total project cost.

(ii) Except as provided in subparagraph (iii) of this paragraph, if State funds, other than the funds allocated under subsection (a) of this section, or federal funds are provided on any development project cost, and provided that the total State funds when added to every other available fund does not exceed 100 percent of the total project cost, the local jurisdiction shall match:

1. 25 percent of the Program Open Space grant amount; or

2. If the Department has certified pursuant to paragraph (1) of this subsection that acquisition goals have been met, 10 percent of the Program Open Space grant amount.

(iii) 1. Subject to the requirement in subsubparagraph 3 of this subparagraph, if a local governing body uses its funds appropriated under § 5–903(b)(1) of this subtitle to build a recreational facility within a priority funding area, as defined in § 5–7B–02 of the State Finance and Procurement Article, the State shall provide 90 percent of the total project cost.

2. Subject to subsubparagraph 4 of this subparagraph, if a local governing body uses its funds appropriated under § 5–903(b)(1) of this subtitle to construct an indoor recreational facility that is not ancillary and necessary for outdoor recreation, and will be located outside of a priority funding area, as defined in § 5–7B–02 of the State Finance and Procurement Article, the State shall provide 50 percent of the total project cost.

3. The State shall provide 90 percent of the total project cost under subsubparagraph 1 of this subparagraph if the local governing body agrees to limit the amount of impervious surface on the land acquired within a priority funding area, as defined in § 5–7B–02 of the State Finance and Procurement Article, to no more than 10 percent of the land.

4. The 50% funding limit under subsubparagraph 2 of this subparagraph does not apply if the Department determines that:

A. The indoor recreational facility is designed to serve multiple priority funding areas, as defined in § 5–7B–02 of the State Finance and Procurement Article, or multiple census designated places within a priority funding area;

B. The indoor recreational facility contains equipment or facilities, including a swimming pool, that cannot be supported in multiple locations; and

C. The applicable local government planning and zoning agency has verified that the location of the indoor recreational facility is consistent with the local government’s comprehensive plan.

(d) If land is donated to local governing bodies during the fiscal year, 75 percent of the appraised value the Department approves may be applied as a portion of, or all of, the local governing body’s share of the project’s cost for the projects referred to in subsection (c) of this section.

(e) If federal funds are received for any approved local project after it was funded by the State in accordance with subsections (b) and (c) of this section, the applicant shall reimburse the State in an amount equal to the federal contribution. The reimbursement shall be reserved for other projects approved for the applicant up to the limit of the share allocated to the local governing body.
Md. Code, Land Use § 5-104 — MD Code / Article glu / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

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

(2) “Community sewerage system” means a publicly or privately owned sewerage system that serves at least two lots.

(3) “Major subdivision” has the meaning stated in § 9–206 of the Environment Article.

(4) “On–site sewage disposal system” has the meaning stated in § 9–206 of the Environment Article.

(5) (i) “Planning board” means a planning board established under this article.

(ii) “Planning board” includes a planning commission or board established under Division II of this article or Title 10 of the Local Government Article.

(6) “Shared facility” has the meaning stated in § 9–206 of the Environment Article.

(b) This section applies only to a residential major subdivision in a Tier III area served by:

(1) on–site sewage disposal systems;

(2) a shared facility; or

(3) a community sewerage system.

(c) If a local jurisdiction establishes the growth tiers under Title 1, Subtitle 5 of this article, a residential major subdivision in a Tier III area may not be approved unless the planning board has reviewed and recommended the approval of the major subdivision in the Tier III area.

(d) (1) Before recommending the approval of a proposed major subdivision in a Tier III area, the planning board shall hold at least one public hearing.

(2) The planning board shall conduct the public hearing in accordance with its rules and procedures.

(e) The review of a residential major subdivision by the planning board shall include:

(1) the cost of providing local governmental services to the residential major subdivision unless a local jurisdiction’s adequate public facilities law already requires a review of government services; and

(2) the potential environmental issues or a natural resources inventory related to the proposed residential major subdivision.

(f) The planning board shall recommend the proposed residential major subdivision by resolution of the planning board.
Md. Code, Family Law § 5-359 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-359
§5–359.
Status: in_force

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

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

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

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

(c) This section does not bar:

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

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

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

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

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

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

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

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

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

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

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

(3) Each applicant under this subsection shall:

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

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

(e) (1) A biological parent may:

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

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

(iii) refile a disclosure veto at any time.

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

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

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

(iii) refile a disclosure veto at any time.

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

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

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

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

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

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

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

(5) The Secretary shall give each applicant under this section notice of the adoption search, contact, and reunion services available under Subtitle 4B of this title.
Md. Code, State Government § 5-104 — MD Code / Article gsg / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

(a) The Treasurer shall devote full time to the duties of office.

(b) The Treasurer shall address the Legislative Policy Committee of the General Assembly on a semiannual basis and as necessary on issues of legislative importance, including the activities of the Board of Public Works, bond sales, and investment and procurement initiatives.

(c) The Treasurer’s annual salary shall be:

(1) $165,000 for the first year of appointment beginning January, 2023;

(2) $170,000 starting on the first anniversary after appointment;

(3) $173,000 starting on the second anniversary after appointment; and

(4) $175,000 starting on the third anniversary after appointment and thereafter.
Md. Code, Economic Development § 5-527 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-527
§5–527.
Status: in_force

(a) To apply for financial assistance from the Fund under § 5-525 of this subtitle, an applicant shall submit to the Authority an application on the form that the Authority provides.

(b) The application shall:

(1) describe the project in detail;

(2) itemize known and estimated costs;

(3) specify the total amount of investment required to perform the contract;

(4) specify the amount of funds available to the applicant without financial assistance from the Authority;

(5) specify the amount of financial assistance requested from the Authority;

(6) provide information that demonstrates the inability of the applicant to obtain adequate financing on reasonable terms through normal lending channels;

(7) provide information that demonstrates the financial status of the applicant, including:

(i) a current balance sheet;

(ii) a profit and loss statement; and

(iii) credit references; and

(8) contain any other relevant information that the Authority requires.

(c) The Authority may require an applicant to provide an audited balance sheet before the Authority approves or denies the application.

(d) The Authority may delegate the review and approval of the application information required under subsection (b)(1), (2), and (3) of this section to the Executive Director if an applicant meets all other requirements of this section.
Md. Code, Natural Resources § 5-1611 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1611
§5–1611.
Status: in_force

(a) In the preparation of the State or local forest conservation programs, the State and local authorities shall provide for the granting of variances to the requirements of this subtitle, where owing to special features of a site or other circumstances, implementation of this subtitle would result in unwarranted hardship to an applicant.

(b) Variance procedures adopted under this section shall:

(1) Be designed in a manner consistent with the spirit and intent of this subtitle; and

(2) Assure that the granting of a variance will not adversely affect water quality.
Md. Code, Agriculture § 5-208 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-208
§5–208.
Status: in_force

(a) When a pesticide is applied, or at the time a customer enters into a contract with a licensee for pest control, a licensee shall provide a customer with the following written information:

(1) Name of licensee;

(2) Maryland pesticide business license number;

(3) Telephone number of licensee;

(4) Common name of pesticide or active ingredient applied;

(5) Pertinent safety information, as determined by the Department, including health risks for humans and animals, about pesticide in the end-use dilution applied;

(6) Maryland Poison Center telephone number; and

(7) Any other information required by the Department.

(b) Upon the customer’s request, the licensee shall provide the customer with advance notice of a pesticide application.

(c) (1) A licensee or public agency permittee applying a pesticide to a lawn or to exterior landscape plants shall post at the time of application a sign.

(2) The sign shall remain 48 hours following the pesticide application, after which time the customer is responsible for the removal of the sign.

(3) (i) A person may not remove, alter, or deface the sign or agree or conspire with another to remove, alter, or deface the sign within 48 hours of its posting.

(ii) The customer or licensee may not be held liable for any penalty for sign removal under this subtitle if the sign is removed by another person or cause over which the customer or licensee has no control.

(4) The sign shall:

(i) Be clearly visible either from the principal place of access to the property; or

(ii) Be clearly visible on the portion of the property where the pesticide is applied.

(5) The sign shall contain a uniform statement approved by the Department.

(d) Before applying an experimental use pesticide, the holder of the required experimental use permit from the U.S. Environmental Protection Agency shall provide the Department with the following information:

(1) Name of cooperator;

(2) Location of planned application or treatment;

(3) Name of active ingredient of pesticide;

(4) Purpose of application or use;

(5) Total acreage being affected by application;

(6) Toxicological profile of pesticide; and

(7) Any other information required by the Department.
Md. Code, Natural Resources § 5-1013 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1013
§5–1013.
Status: in_force

§5–1013. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2026 PER CHAPTER 470 OF 2022 //

(a) There is a Maryland Park Explorers Grant Pilot Program in the Department.

(b) The purpose of the pilot program is to provide Anne Arundel County and Baltimore County with equal funds to establish local Park Explorers Pilot Programs.

(c) A local Park Explorers Pilot Program shall:

(1) Target youth populations with minimal access to green space in an effort to bridge socioeconomic and resource gaps through free, accessible, and conveniently located programming;

(2) Promote the positive impacts that spending time outdoors has on long–term developmental and social well–being;

(3) Provide conservation–related messaging, including sustainable practices, to further participant understanding of the benefits of green space and its direct impact on the environment and watersheds; and

(4) Incorporate local history and cultural impacts in its messaging to highlight the diverse cultural contributions to current social events and developed histories.

(d) (1) On or before October 1, 2023, and each October 1 thereafter, each participating county shall submit to the Department a report on the implementation of the local Park Explorer’s Pilot program, including:

(i) The number of participants;

(ii) The number of participants from populations with minimal access to green space; and

(iii) The results of participant surveys, including feedback on whether the participant had a positive or negative experience in the Park Explorer’s Pilot program.

(2) A county shall report the information required under paragraph (1) of this subsection in the aggregate and disaggregated by:

(i) Hispanic or Latino of any race;

(ii) For individuals who are non–Hispanic or non–Latino only:

1. American Indian or Alaska Native;

2. Asian;

3. Black or African American;

4. Native Hawaiian or other Pacific Islander;

5. White; or

6. Two or more races; and

(iii) Individuals who have limited English proficiency.

(e) (1) On or before December 1, 2024, and each December 1 thereafter, the Department, in collaboration with the Maryland Recreation and Parks Association, shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on the effectiveness of the Maryland Park Explorers Grant Pilot Program.

(2) The report shall include:

(i) A recommendation on whether the pilot program should:

1. Continue; and

2. Be expanded statewide; and

(ii) Information regarding whether any other county has expressed interest in participating in the pilot program.

(f) For fiscal years 2024, 2025, and 2026, the Governor shall include in the annual budget bill an appropriation of $100,000 for the Maryland Park Explorers Grant Pilot Program.
Md. Code, Correctional Services § 5-201 — MD Code / Article gcs / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) There is a Division of Pretrial Detention and Services in the Department.

(b) The Division consists of:

(1) a Pretrial Release Services Program;

(2) a centralized booking facility for Baltimore City;

(3) the Metropolitan Transition Center;

(4) the Chesapeake Detention Facility; and

(5) the Youth Detention Center.

(c) The Division has the same authority with regard to the custody of its incarcerated individuals and the operation of the facilities within the Division as:

(1) the Division of Correction has under this Code with regard to the custody of its incarcerated individuals and the operation of the Division of Correction; and

(2) the sheriffs have under this Code with regard to the detention of incarcerated individuals committed to their custody and the operation of local correctional facilities.

(d) This title does not limit or supersede the authority of a court to determine the conditions of pretrial release.
Md. Code, Family Law § 5-1312 — MD Code / Article gfl / Title 5 / Subtitle 13 / Section 5-1312
§5–1312.
Status: in_force

(a) In this section, “foster youth” has the meaning stated in § 5–304 of the Human Services Article.

(b) Subject to subsection (d) of this section, on or before December 1 of each year, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, the following information regarding children and foster youth in the State child welfare system:

(1) the number of child abuse and neglect reports, alternative responses, investigative responses, and findings for completed investigations;

(2) the number of children receiving in–home services;

(3) the number of new out–of–home placements by placement type;

(4) the number of exits from the child welfare system by exit type;

(5) the number of exits to reunification and reentries within 12 months after exit;

(6) the number of exits to reunification and reentries within 24 months after exit;

(7) the stability of out–of–home placements, including the number of placement changes;

(8) the stability of school placements;

(9) the number who graduate from high school;

(10) the number who qualify for a Maryland high school diploma by examination;

(11) the number who receive tuition waivers;

(12) the incidences of abuse or neglect of a child who, in the immediately preceding 24 months, was not removed from the child’s home following an investigation that found indicated or unsubstantiated abuse or neglect;

(13) the number of children in the custody of a local department or child placement agency who have a sibling who is not in the custody of the same local department or child placement agency;

(14) the health and mental health care provided, including the stability of health care providers, medications, and psychiatric diagnoses;

(15) the number of children who are not enrolled in school for more than 1 week immediately following a change in placement; and

(16) the number of children in an institution of postsecondary education, apprenticeship, or adult education program, disaggregated by program.

(c) Subject to subsection (d) of this section, on or before December 1 each year, the State Department of Education shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, and to the Department the following information regarding children and foster youth in the State child welfare system:

(1) the stability of school placements;

(2) the number of children with individualized education plans;

(3) the number of children with a plan under § 504 of the federal Rehabilitation Act;

(4) the number of children who have been retained a grade, disaggregated by grade;

(5) the number of children who graduate from high school;

(6) dropout rates;

(7) the number of children who are truant students, as defined in § 7–302.2 of the Education Article;

(8) the rates of absenteeism;

(9) the rates of suspension;

(10) the rates of expulsion; and

(11) the number of school–based arrests.

(d) In reporting the information required under subsections (b) and (c) of this section, the Department and the State Department of Education shall:

(1) maintain the confidentiality of information on children and foster youth in the State child welfare system;

(2) ensure that no personally identifiable information is disclosed; and

(3) disaggregate the information by county, age, gender, race, and ethnicity.

(e) (1) The Department shall publish each report required under subsection (b) of this section on the Department’s website within 30 days of submission of the report to the General Assembly.

(2) The State Department of Education shall publish each report required under subsection (c) of this section on the State Department of Education’s website within 30 days of submission of the report to the General Assembly.

(f) This section may not be construed to affect any other reporting requirements to which the Department or the State Department of Education is subject.
Md. Code, Financial Institutions § 5-503 — MD Code / Article gfi / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) A banking institution may buy and hold real property only as provided in this section.

(b) (1) Subject to the limitations in paragraph (3) of this subsection, a banking institution may buy or hold any real property that is necessary for the convenient transaction of its business.

(2) In addition to its offices, this property may include:

(i) A parking lot that the banking institution provides, with or without charge, primarily for the use of its customers; and

(ii) Any rental space that is located in the bank building or on adjoining land.

(3) Except as provided in paragraph (4) of this subsection, a banking institution may not invest in its bank building and furnishings more than an amount that equals 50 percent of its unimpaired capital and surplus or guaranty fund.

(4) If a banking institution is rated CAMELS 1 or 2 and remains well capitalized in accordance with the requirements of the Federal Deposit Insurance Act, it may invest in its bank building and furnishings an amount equivalent to 75 percent of its:

(i) Unimpaired capital, surplus, and undivided profits; or

(ii) Guaranty fund and undivided profits.

(c) (1) Subject to the limitations in paragraphs (2) and (3) of this subsection, a banking institution may hold any real property that the banking institution acquires:

(i) In satisfaction of a debt contracted in the course of its business; or

(ii) At sale on a judgment, decree, or mortgage foreclosure under a security that it holds.

(2) At a sale, a banking institution may not bid more than the amount of money that is necessary to satisfy the secured debts and costs.

(3) A banking institution:

(i) May not hold property acquired under this subsection for more than:

1. 8 years; and

2. Under conditions that the Commissioner sets, 2 additional years; and

(ii) Within 1 year after that period, shall:

1. Sell the property; or

2. Reduce the value of the property on its books to a value that the Commissioner approves.
Md. Code, Natural Resources § 5-1217 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1217
§5–1217.
Status: in_force

The Department may accept any gift of land or wetlands to the State, make other agreements as to these lands, purchase land or wetlands, or purchase scenic easements in the name of the State to be held, restored, and administered as State wildland areas. The Department may also designate and set aside areas in State forests and State parks as wildland areas.
Md. Code, Public Safety § 5-801 — MD Code / Article gps / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

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

(b) “Center” means the Maryland State Police Gun Center.

(c) “Crime firearm” means a firearm that is:

(1) used in the commission of a crime of violence, as defined in § 5–101 of this title; or

(2) recovered by a law enforcement agency in connection with illegal firearm possession, transportation, or transfer.

(d) “Department” means the Department of State Police.

(e) “Federally licensed firearms dealer” means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to deal in firearms.

(f) “Federally licensed firearms importer” means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to import firearms.

(g) “Final protective order” has the meaning stated in § 4–501 of the Family Law Article.

(h) “Law enforcement agency” has the meaning stated in § 3–201 of this article.
Md. Code, State Finance and Procurement § 5A-354 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-354
§5A–354.
Status: in_force

(a) There is a Museum Assistance Review Panel in the Program.

(b) (1) The Panel shall include as members:

(i) the President of the Senate or the President’s designee; and

(ii) the Speaker of the House of Delegates or the Speaker’s designee.

(2) The Secretary shall appoint the other members of the Panel.

(3) Of the members that the Secretary appoints:

(i) one shall be a representative of the Executive Branch with functions related to the purposes of the Program; and

(ii) the others shall fairly represent museums eligible for assistance under this part.

(c) (1) The Panel shall:

(i) advise the Secretary and the staff of the Trust regarding Program policies and activities;

(ii) review applications for grants under the Program and recommend approval or disapproval to the Secretary; and

(iii) seek the advice and recommendations of the State Archivist in reviewing grant applications that relate in any part to the care and preservation of, or access to, archival material.

(2) The Panel shall recommend approval of a grant only after a competitive selection process.
Md. Code, Environment § 5-704 — MD Code / Article gen / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

When the General Assembly determines that it is necessary to acquire interests or rights in real property for sound and proper land and watershed management or for any other purpose in the public interest, the State may acquire these interests or rights by purchase, gift, grant, or lease of any property interest. To achieve these purposes the Department may receive, expend, and otherwise administer any contribution, donation, or appropriation which is made available by the United States, the State, any political subdivision, or any person.
Md. Code, Corporations and Associations § 5-334 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-334
§5–334.
Status: in_force

(a) (1) Each religious corporation subject to this part may adopt bylaws to govern its corporate and temporal affairs, including the qualifications of voters at congregational meetings and the establishment of a minimum voting age of not less than 16.

(2) Bylaws may be adopted if approved by a majority of the qualified voters voting at a regular or special congregational meeting called for that purpose.

(b) Each religious corporation subject to this part is subject at all times to:

(1) The organization, government, and discipline of the Protestant Episcopal Church in the United States of America; and

(2) The constitution and canons of that church and of the convention of the Protestant Episcopal Church in the Diocese of Maryland.
Md. Code, Health - General § 5-708 — MD Code / Article ghg / Title 5 / Subtitle 7 / Section 5-708
§5–708.
Status: in_force

(a) Meetings of the State Team and of local teams shall be closed to the public and not subject to Title 3 of the General Provisions Article when the State Team or local teams are discussing individual cases of child deaths.

(b) Except as provided in subsection (c) of this section, meetings of the State Team and of local teams shall be open to the public and subject to Title 3 of the General Provisions Article when the State Team or local team is not discussing individual cases of child deaths.

(c) (1) During a public meeting, information may not be disclosed that identifies:

(i) A deceased child;

(ii) A family member, guardian, or caretaker of a deceased child;

(iii) An alleged or suspected perpetrator of abuse or neglect upon a child; or

(iv) A child convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality.

(2) During a public meeting, information may not be disclosed regarding the involvement of any agency with:

(i) A deceased child;

(ii) A family member, guardian, or caretaker of a deceased child;

(iii) An alleged or suspected perpetrator of abuse or neglect upon a child; or

(iv) A child convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality.

(d) This section does not prohibit the State Team or a local team from requesting the attendance at a team meeting of a person who has information relevant to the team’s exercise of its purpose and duties.

(e) Violation of this section is a misdemeanor and is punishable by a fine not exceeding $500 or imprisonment not exceeding 90 days or both.
Md. Code, Natural Resources § 5-507 — MD Code / Article gnr / Title 5 / Subtitle 5 / Section 5-507
§5–507.
Status: in_force

This subtitle does not apply to the cutting of timber for reservoirs, military installations, agriculture, communication and transmission lines, industrial sites, railroads, residential or recreational purposes, or residential or commercial construction. This subtitle does not apply to commercial cutting operations undertaken pursuant to a contract executed prior to January 1, 1978.
Md. Code, Corporations and Associations § 5-204 — MD Code / Article gca / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) For purposes of any law or rule relating to members of a nonstock corporation, the directors of a nonstock corporation, under either of the circumstances described in subsection (b) of this section:

(1) Also constitute the members of the corporation; and

(2) When meeting as directors, may exercise the rights and powers of members.

(b) This section applies if:

(1) Neither the charter nor the bylaws of the corporation provide for members; or

(2) The nonstock corporation in fact has no members.
Md. Code, Environment § 5-905 — MD Code / Article gen / Title 5 / Subtitle 9 / Section 5-905
§5–905.
Status: in_force

(a) The following agricultural and forestry activities are exempt from the approval and mitigation requirements of this section:

(1) Agricultural activities undertaken in accordance with public drainage regulations;

(2) Agricultural and forestry activities, including the repair and maintenance of farm ponds, drainage ditches, channels, subsurface drains, causeways, bridges, or water control structures, provided that they do not drain, dredge, fill, or convert nontidal wetlands on which agricultural and forestry activities are not presently conducted;

(3) Agricultural and forestry activities on areas that have laid fallow as part of a conventional rotational cycle or due to a civil action involving ownership of the property;

(4) Agricultural and forestry activities on areas that had been set aside or taken out of production under a formal State or federal program;

(5) Forestry activities not requiring an erosion and sediment control plan;

(6) Construction or maintenance of forest roads and skid trails in accordance with best management practices; and

(7) Other activities exempted by the Department by regulation to maintain consistency with federal law.

(b) (1) After December 31, 1990 agricultural activities conducted in nontidal wetlands that are not exempted under subsection (a) of this section require the soil conservation district to approve a soil conservation and water quality plan that contains best management practices to protect nontidal wetlands in compliance with regulations adopted by the Department in consultation with the Department of Agriculture.

(2) After December 31, 1990 forestry activities required to have an erosion and sediment control plan that are not exempted under subsection (a) of this section shall incorporate nontidal wetlands best management practices in compliance with regulations under this subtitle.

(c) After December 31, 1990 if an agricultural activity that is not exempted under subsection (a) of this section results in a loss of nontidal wetlands, the Department shall require that a soil conservation and water quality plan include mitigation for the loss within 3 years. Mitigation may include creation or restoration of nontidal wetlands or monetary compensation. In determining the extent of mitigation, the Department shall consider the benefits provided by best management practices. If the State Department of Agriculture determines in writing that mitigation will create an economic hardship that would jeopardize the continued operation of the farm, mitigation may be deferred until:

(1) The economic hardship no longer exists;

(2) The current owner or operator transfers the farm to a new owner or operator, however, the current owner or operator is responsible for mitigation; or

(3) Agricultural activities no longer take place on the nontidal wetland.

(d) The soil conservation district shall be responsible for delineating the extent of nontidal wetlands affected by agricultural or forestry activities.
Md. Code, Family Law § 5-547 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-547
§5–547.
Status: in_force

This Part IV of this subtitle:

(1) may not be construed to restrict or alter the authority of any public or private agency or institution that deals with out–of–home placement, adoption, or related matters; and

(2) is related to and should be read in relation to Subtitle 13 of this title and §§ 5–524, 5–525, 5–525.1, and 5–534 of this subtitle.
Md. Code, Economic Development § 5-508 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-508
§5–508.
Status: in_force

(a) (1) Four members of the Authority are a quorum.

(2) The Authority may not act on any matter unless at least four members in attendance concur.

(b) The Authority shall determine the times and places of its meetings.

(c) A member of the Authority is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(d) The Authority may employ a staff in accordance with the State budget.
Md. Code, Corporations and Associations § 5-124 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-124
§5–124.
Status: in_force

The Attorney General may commence a proceeding under § 3-513 of this article to dissolve a professional corporation if:

(1) The Department or a licensing unit with jurisdiction over a professional service described in the corporation’s articles of incorporation serves written notice on the corporation that it has violated or is violating a provision of this subtitle;

(2) The corporation does not, within 60 days after service of the notice, correct the alleged violation or demonstrate to the Department or licensing authority that the violation has not occurred; and

(3) The Department or licensing unit certifies to the Attorney General:

(i) A description of the violation;

(ii) That it notified the corporation of the violation; and

(iii) That within 60 days after service of notice, the corporation did not correct the violation or demonstrate that it did not occur.
Md. Code, Family Law § 5-1101 — MD Code / Article gfl / Title 5 / Subtitle 11 / Section 5-1101
§5–1101.
Status: in_force

(a) The Governor may provide funding in the State budget for the awarding of grants for the development of community programs designed to educate children, parents, and other interested persons on the prevention of:

(1) child physical or sexual abuse; and

(2) child alcohol and drug abuse.

(b) Subject to the provisions of this subtitle, grants shall be awarded on a competitive basis to private organizations or public agencies submitting proposed programs for the prevention of child physical or sexual abuse and child alcohol and drug abuse.
Md. Code, Transportation § 5-404 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) With the approval of the Secretary, the Administration may establish or operate on behalf of and in the name of this State any airport, airport facility, or air navigation facility within or without this State.

(b) These airports and facilities shall be established and operated out of funds available for that purpose under Titles 3 and 4 of this article.
Md. Code, State Finance and Procurement § 5-808 — MD Code / Article gsf / Title 5 / Subtitle 8 / Section 5-808
§5–808.
Status: in_force

The staff for the Patuxent River planning program described in this subtitle shall consist of or be supplemented by personnel from the local jurisdictions and State departments entitled to voting representation on the Commission.
Md. Code, Business Regulation § 5-608 — MD Code / Article gbr / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

A registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle may not sell or offer to sell to a member of the public a burial lot or burial right in a cemetery and represent to the public in any way, express or implied, that the cemetery or the burial lot or burial right in the cemetery will have perpetual care unless the sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle has provided adequately for that perpetual care.
Md. Code, Health - General § 5-703 — MD Code / Article ghg / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

(a) The State Team shall be a multidisciplinary and multiagency review team, composed of at least 25 members, including:

(1) The Attorney General or the Attorney General’s designee;

(2) The Chief Medical Examiner or the Chief Medical Examiner’s designee;

(3) The Secretary of Human Services or the Secretary’s designee;

(4) The Secretary of Health or the Secretary’s designee;

(5) The State Superintendent of Schools or the Superintendent’s designee;

(6) The Secretary of Juvenile Services or the Secretary’s designee;

(7) The Special Secretary of the Governor’s Office for Children or the Special Secretary’s designee;

(8) The Secretary of State Police or the Secretary’s designee;

(9) The president of the State’s Attorneys’ Association or the president’s designee;

(10) The chief of the Division of Vital Records of the Department or the chief’s designee;

(11) A representative of the Center for Infant and Child Loss;

(12) The Director of the Behavioral Health Administration of the Department or the Director’s designee;

(13) Two pediatricians with experience in diagnosing and treating injuries and child abuse and neglect, appointed by the Governor from a list submitted by the State Chapter of the American Academy of Pediatrics; and

(14) Eleven members of the general public with interest or expertise in child safety and welfare, appointed by the Governor, including child advocates, CASA volunteers, health and mental health professionals, and attorneys who represent children.

(b) The members described under subsection (a)(1) through (12) of this section may designate representatives from their departments or offices to represent them on the State Team.

(c) The State Team may employ a staff in accordance with the State budget. Each member of the Team under subsection (a)(1) through (12) of this section shall provide sufficient staff support to complete the State Team’s responsibilities.

(d) Members of the State Team shall serve without compensation, but may be reimbursed for reasonable expenses incurred in the performance of their duties in accordance with the Standard State Travel Regulations and as provided in the State budget.

(e) The State Team shall select a chairperson from among its members.

(f) The State Team shall meet not less than once every 3 months.
Md. Code, Labor and Employment § 5-1201 — MD Code / Article gle / Title 5 / Subtitle 12 / Section 5-1201
§5–1201.
Status: in_force

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

(2) “Heat–related illness” means a medical condition resulting from the inability of the body to rid itself of excess heat, including heat rash, heat cramps, heat exhaustion, heat syncope, and heat stroke.

(3) “Heat stress” means the net load to which a worker is exposed from the combined contributions of metabolic heat, environmental factors, and clothing worn that results in an increase in heat storage in the body, causing body temperature to rise to sometimes dangerous levels.

(b) (1) On or before October 1, 2022, the Commissioner, in consultation with the Maryland Occupational Safety and Health Advisory Board, shall develop and adopt regulations that require employers to protect employees from heat–related illness caused by heat stress.

(2) Before the Commissioner begins the process for developing and adopting the regulations required under paragraph (1) of this subsection, Maryland Occupational Safety and Health shall hold informational hearings in four different geographical areas of the State for the purpose of obtaining input from interested parties.

(3) In developing the regulations required under paragraph (1) of this subsection, the Commissioner shall consider standards created by the National Institute for Occupational Safety and Health, the American Conference of Governmental Industrial Hygienists, and the American National Standards Institute.
Md. Code, Family Law § 5-1025 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1025
§5–1025.
Status: in_force

(a) The trial may not be held until after the birth of the child who is the subject of the proceeding.

(b) If a complaint is filed before the birth of the child, then, until the trial is held, the court may:

(1) order the alleged father or the pregnant woman to give bond, as provided in § 5-1014 of this subtitle, conditioned on the party:

(i) appearing in the proceeding; and

(ii) complying with any further orders of the court;

(2) increase or decrease any bond previously given by the alleged father or the pregnant woman; and

(3) conduct any other preliminary proceeding that the court considers just and proper.
Md. Code, General Provisions § 5-839 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-839
§5–839.
Status: in_force

(a) (1) The Ethics Commission or any other aggrieved person may:

(i) file a petition for injunctive or other relief in the Circuit Court for Prince George’s County to require compliance with this part; and

(ii) assert as error any violation of this part in judicial review requested under § 22–407 of the Land Use Article.

(2) The Court shall issue an order voiding an official action taken by the County Council if:

(i) the action taken by the County Council was in violation of this part; and

(ii) the legal action was brought within 30 days after the occurrence of the official action.

(3) The Court, after hearing and considering all the circumstances in the case and voiding an action of the County Council, shall reverse, or reverse and remand, the case to the District Council for reconsideration.

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

(2) If the person is a business entity and not a natural person, each officer and partner of the business entity who knowingly authorized or participated in the violation is guilty of a misdemeanor and on conviction is subject to the same penalties as the business entity.

(3) A member is guilty of violating this part only if the member fails to abstain from voting or participating in a proceeding, based on information contained in an affidavit filed with the County Council by an applicant or agent, in violation of § 5–835(b) of this subtitle.

(4) An action taken in reliance on an opinion of the Ethics Commission may not be deemed a knowing and willful violation.

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

(2) The documents shall be available for inspection on request of the Ethics Commission after reasonable notice.
Md. Code, State Finance and Procurement § 5A-329 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-329
§5A–329.
Status: in_force

(a) In this section, “Fund” means the Historic Marker Program Fund.

(b) There is a Historic Marker Program Fund in the Trust.

(c) The purpose of the Fund is to produce and install historic markers at sites of statewide historical significance.

(d) The Trust shall administer the Fund.

(e) (1) The Fund is a continuing, nonlapsing special fund that is not subject to § 7-302 of this article.

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

(f) The Fund consists of:

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

(2) money recovered by the State to replace damaged or destroyed historic markers; and

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

(g) The Trust may use money from the Fund to produce and install a historic marker at a site that the Trust determines to have statewide historical significance:

(1) if the site is on State-owned land; or

(2) if the site is not on State-owned land and at least one-half of the cost of producing and installing the historic marker is provided from sources other than the State.

(h) Money in the Fund shall be invested in the same manner as other State money.

(i) (1) The Trust shall approve the form and text of historic markers produced and installed under this section.

(2) Except as provided in paragraph (3) of this subsection, the Trust shall approve the location of a historic marker.

(3) If a historic marker is to be placed within the right-of-way of a public highway or street, the unit of the State or the political subdivision that maintains the public highway or street shall approve the location and manner of installation of the historic marker.

(j) The State owns the historic markers produced and installed under this section.
Md. Code, Corporations and Associations § 5-6C-05 — MD Code / Article gca / Title 5 / Subtitle 6C / Section 5-6C-05
§5–6C–05.
Status: in_force

Clear reference to the fact that a corporation is a benefit corporation shall appear prominently:

(1) At the head of the charter document in which the election to be a benefit corporation is made;

(2) At the head of each subsequent charter document of the benefit corporation; and

(3) On each certificate representing outstanding stock of the benefit corporation.
Md. Code, Corporations and Associations § 5-638 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-638
§5–638.
Status: in_force

(a) A member–regulated cooperative shall make available to its members:

(1) Rate schedules, tariffs, and terms and conditions of service;

(2) Financial and statistical information regarding:

(i) Operating revenues;

(ii) Revenues per rate class;

(iii) Number of members per rate class; and

(iv) Number of meters per rate class;

(3) Data and information concerning load management, energy conservation, and other similar programs;

(4) Information concerning ongoing consumer education programs; and

(5) Information concerning the member–regulated cooperative’s performance, including income statements, balance sheets, and reliability data.

(b) A member–regulated cooperative may not adopt a new rate or increase or decrease its rates or charges for the services it provides unless the member–regulated cooperative provides to its members:

(1) Notice of the proposed rates;

(2) The opportunity to comment on the proposed rates; and

(3) The opportunity to observe the portion of the meeting in which the board of directors votes on the proposed rates.
Md. Code, Insurance § 5-605 — MD Code / Article gin / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

(a) In addition to investments otherwise excluded under this article, an insurer may not directly or indirectly invest in or lend its funds on security of:

(1) obligations, stock, or other securities of a corporation, association, or other business unit that is insolvent at the time of the acquisition or loan, except securities eligible for investment under § 5–608 of this subtitle;

(2) a mortgage or deed of trust, or real property or an interest in real property, that does not come within the class of investments specified in § 5–608(j), (k), (l), (m), and (n) of this subtitle;

(3) the capital stock of the insurer;

(4) stocks, bonds, or other securities issued by a corporation, other than an insurer, if a majority of the stock having voting powers of the issuing corporation is owned directly or indirectly by or for the benefit of one or more officers or directors of the insurer; or

(5) an investment that the Commissioner finds is against public policy or designed to evade a prohibition of this section.

(b) (1) An insurer may not directly or indirectly invest in or lend its funds on security of stocks, bonds, or other securities issued by a corporation, if a majority of the outstanding stock of the corporation, or a majority of the stock having voting powers of the corporation, is or will be after the acquisition directly or indirectly owned:

(i) by the insurer or by or through one or more of the insurer’s officers or directors holding the stock for the benefit of the insurer or its stockholders;

(ii) by a parent corporation or subsidiary of the insurer, the parent corporation, or subsidiary of the parent corporation; or

(iii) by any combination of the insurer, its parent corporation, its subsidiaries, or its stockholders.

(2) Paragraph (1) of this subsection does not prevent an investment in:

(i) the stock, bonds, or other securities of a corporation organized exclusively to hold and operate real estate acquired by the insurer, in accordance with and subject to § 5-608 of this subtitle;

(ii) the stock of another insurer; or

(iii) the stocks, bonds, or other securities of a corporation that is engaged exclusively in a kind of business properly incidental to the insurance business of the insurer, including an investment in the securities of a corporation that is engaged in the financing of insurance premiums or in another incidental business and in the business of holding and operating real estate.

(c) (1) An insurer may not directly or indirectly invest in or lend its funds on security of stocks, shares, bonds, or obligations of a person or governmental or business unit of or in a foreign country or subdivision of a foreign country, unless the foreign investments conform substantially with the limitations imposed by this section on like domestic investments.

(2) The aggregate amount of foreign investments held by an insurer under paragraph (1) of this subsection and under § 5-608(o) and (p) of this subtitle may not exceed the greater of:

(i) 10% of the insurer’s total admitted assets;

(ii) one and one-half times the amount of the insurer’s reserves and other obligations under the insurance contracts or reinsurance contracts in that country; and

(iii) the amount necessary to enable the insurer to transact insurance business in the foreign country, directly or through a subsidiary corporation.
Md. Code, Economic Development § 5-345 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-345
§5–345.
Status: in_force

The Department may make a child care special loan to an applicant if:

(1) the applicant meets the qualifications required by this part;

(2) the applicant meets any additional requirements imposed by the source of the money to be loaned; and

(3) the child care special loan will be used for an authorized use under § 5-348 of this subtitle.
Md. Code, Economic Development § 5-559 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-559
§5–559.
Status: in_force

(a) This section applies to financing provided under the Program during fiscal years 2021 and 2022 for the purpose of relieving the adverse effects of the coronavirus pandemic.

(b) The Authority may convert to a grant up to $50,000 of the financing described under subsection (a) of this section that is provided to a small business.
Md. Code, Transportation § 5-606 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

(a) Regulations adopted under this subtitle shall divide the area surrounding the airport to which they apply into districts of the number, shape, and size that the political subdivision considers best suited for the purposes of this subtitle. Within each district, the political subdivision may regulate and restrict the height of structures and trees or other vegetation and the purposes for which land may be used.

(b) All regulations shall be uniform throughout the district to which they apply. However, regulations in one district may differ from those for other districts.

(c) As to each airport, in the establishment of districts or in the adoption or amendment of its airport zoning regulations, the political subdivision shall consider, among other things, to the extent that they affect and in order to promote the public health, safety, order, or security, the following:

(1) The character of the flying operations conducted or expected to be conducted at the airport;

(2) The surrounding terrain;

(3) The height of existing structures and trees or other vegetation in the vicinity;

(4) The feasibility of lowering or removing existing structures or trees or other vegetation in the vicinity;

(5) As to the aerial approaches necessary for safe flying operations at the airport, the opinion of the federal agency charged with fostering civil aeronautics;

(6) The risks associated with aerial traffic at the airport;

(7) The type, size, weight, and load capacity of aircraft that use or might use the airport;

(8) The weather conditions generally prevailing in the vicinity;

(9) The size and layout of the landing area of the airport; and

(10) The present and future needs of the inhabitants of this State with reference to the use of the airport for public transportation.

(d) An airport zoning regulation adopted under this subtitle may not:

(1) Require the removal or alteration of any structure that, as it existed when the regulation was adopted, did not conform to the regulation; or

(2) Otherwise interfere with the continuance of any nonconforming use.
Md. Code, Courts and Judicial Proceedings § 5-704 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

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

(b) A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
Md. Code, Corporations and Associations § 5-6B-04 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-04
§5–6B–04.
Status: in_force

(a) (1) There is an implied warranty from the developer to the cooperative housing corporation on the roof, foundation, and other structural elements, ceilings, floors, walls, mechanical, electrical, and plumbing systems.

(2) The warranty shall provide that the developer is responsible for correcting defects in materials or workmanship, and that the building elements specified in this description are within acceptable industry standards in effect when the building or buildings were constructed.

(3) The warranty begins with the first transfer of a cooperative interest in the cooperative housing corporation to an initial purchaser. The warranty on a portion of the cooperative project not completed at the time of the transfer begins with the completion of that building element or with its availability for use by members, whichever occurs later. The warranty extends for a period of 3 years from the commencement date of the warranty.

(4) A suit for enforcement of the warranty on a portion of the cooperative project shall be brought by the cooperative housing corporation or by a member.

(b) Notice of a defect shall be given to the developer within the warranty period and suit for enforcement of the warranty shall be brought within 1 year after expiration of the warranty period.

(c) Warranties do not apply to any damage caused through abuse or failure to perform maintenance by a member or the cooperative housing corporation.
Md. Code, Economic Development § 5-437 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-437
§5–437.
Status: in_force

(a) The Authority may authorize the Executive Director of the Authority to approve, on behalf of the Authority, financial assistance under § 5–431 of this subtitle not exceeding the aggregate amount of $250,000 for a single transaction.

(b) An approval by the Executive Director under this section:

(1) is subject to concurrence of the Secretary, the Secretary’s designee, or the chair of the Authority;

(2) shall comply with the requirements of this subtitle; and

(3) is binding on the Authority.
Md. Code, Insurance § 5-508 — MD Code / Article gin / Title 5 / Subtitle 5 / Section 5-508
§5–508.
Status: in_force

(a) A life insurer may lend to its policyholder on the policy as collateral security an amount not exceeding the cash surrender value of the policy.

(b) A policy loan is an eligible reserve investment of a life insurer.
Md. Code, Natural Resources § 5-421 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-421
§5–421.
Status: in_force

(a) (1) The Department may permanently revoke or temporarily suspend the license of any licensed tree expert who:

(i) Is found guilty of any fraud or deceit in obtaining the license, or guilty of negligence or wrongful conduct in the practice of tree culture or care;

(ii) In the Chesapeake and Atlantic Coastal Bays Critical Area, as defined under § 8–1802 of this article, fails to comply with:

1. The terms of a State or local permit, license, or approval; or

2. Any State or local law, an approved plan, or other legal requirement; or

(iii) Fails to maintain liability, property, or workers’ compensation insurance as required by law.

(2) The Critical Area Commission shall notify the Department of any tree expert who fails to comply with any requirement under paragraph (1)(ii) of this subsection.

(b) The Department may promulgate rules of ethics and temporarily suspend for a period not to exceed two years the license of any licensed tree expert who violates the rules of ethics. This power of suspension is in addition to, and not in limitation of, the power to revoke or suspend provided in subsection (a) of this section.

(c) A license issued under this subtitle may not be revoked or suspended until after the licensee has a hearing before the Department. Notice of the cause for suspension or revocation and the hearing date shall be sent to the licensee at the last known address of the licensee by registered or certified mail at least 20 days before the hearing. The nonappearance of the licensee after the required notice has been given, does not prevent holding the hearing.

(d) The Department may reissue any tree expert’s license previously revoked under rules and regulations it prescribes.
Md. Code, Corporations and Associations § 5-5A-26 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-26
§5–5A–26.
Status: in_force

(a) (1) Any entity operating on a cooperative basis as of the effective date of this subtitle may elect to secure the benefits of and be bound by this subtitle.

(2) If the entity elects to secure the benefits of this subtitle, it shall amend its articles and bylaws to conform with this subtitle.

(3) Consumer cooperatives organized before July 1, 1985, shall be considered to be in compliance, except that any subsequent amendments to their articles of incorporation or bylaws shall conform to this subtitle.

(b) All consumer cooperatives organized on or after July 1, 1985, shall conform to this subtitle.
Md. Code, Corporations and Associations § 5-5A-24 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-24
§5–5A–24.
Status: reserved

(a) (1) Except as provided in paragraph (2) of this subsection, a cooperative may consolidate, merge, transfer assets, dissolve, or divide in the manner provided in Title 3 of this article.

(2) (i) In the case of a cooperative with more than 10,000 voting members, wherever Title 3 of this article requires the affirmative vote of the members or stockholders, the members and stockholders entitled to vote shall approve the consolidation, merger, transfer of assets, dissolution, or division in the manner provided for in § 5–5A–21(a)(3) of this subtitle for amendments to the articles of incorporation.

(ii) This provision is reserved for the members and may not be the prerogative of the delegates.

(b) (1) A cooperative may, with proper notice, at any regular or special meeting of its members, be dissolved by a vote of two–thirds of the membership voting in person or by mail ballot. This right of dissolution is a right reserved for the membership and not the right of the delegates.

(2) On affirmative vote to dissolve the cooperative, 3 members shall be elected as trustees by a majority vote of the members voting at that regular or special meeting.

(3) The trustees, on behalf of the cooperative and within a time fixed in their designation or within any extension thereof, shall liquidate the assets of the cooperative and distribute the assets in the manner set forth in this section.

(c) A suit for involuntary dissolution of the cooperative organized under this subtitle may be instituted for the causes and prosecuted in the manner set forth in the general corporate law of Maryland. Assets shall be distributed in a manner set forth in this subtitle.

(d) When a cooperative is dissolved, its assets shall be distributed in the following manner and order:

(1) By paying its debts and expenses;

(2) By returning to the members the lesser of par value or book value of their shares, their membership capital, or allocated equity;

(3) By returning to the subscribers the lesser of par value or book value of amounts paid on their subscriptions;

(4) By returning to eligible patrons the lesser of par value or book value of the amount of net savings credited to their accounts toward the purchase of shares or membership; and

(5) By distributing any surplus as a gift to another cooperative or to a nonprofit, tax–exempt enterprise.
Md. Code, Natural Resources § 5-1503 — MD Code / Article gnr / Title 5 / Subtitle 15 / Section 5-1503
§5–1503.
Status: in_force

(a) The Department may acquire a conservation easement or a fee simple or other interest in any land described under § 5-1502 of this subtitle.

(b) The Department shall establish criteria for acquisition of conservation easements and of fee simple and other interests in lands, including a priority system that considers:

(1) The ecological uniqueness of the land;

(2) The presence of rare, threatened, or endangered plants or animals or diverse communities of plants or animals;

(3) The threat to the land by development;

(4) Whether the land is in the Chesapeake Bay Critical Area;

(5) Whether development of the land will adversely impact water quality or unique natural habitat;

(6) Whether a natural area has been designated by the State or submitted by a county for designation as an area of critical State concern under § 5-611 of the State Finance and Procurement Article; and

(7) Whether the land is forestland, nontidal wetlands, or tidal wetlands.

(c) The Department annually shall consult with the counties of the State:

(1) For suggested acquisition of lands; and

(2) To coordinate the acquisition projects under this subtitle.
Md. Code, Corporations and Associations § 5-637 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-637
§5–637.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, this subtitle applies to the provision of broadband Internet service by a member–regulated cooperative.

(2) A member–regulated cooperative may not, for the sole purpose of providing broadband Internet service, exercise the power of condemnation under § 5–607(a)(16) of this subtitle.

(b) A member–regulated cooperative is subject to the following provisions of the Public Utilities Article:

(1) § 5–103;

(2) § 5–201;

(3) § 5–202;

(4) § 5–303;

(5) § 5–304;

(6) § 5–306;

(7) § 7–103;

(8) § 7–104;

(9) § 7–203;

(10) § 7–207;

(11) Title 7, Subtitle 2, Part II;

(12) § 7–302;

(13) Title 7, Subtitle 5, Part I and Part II;

(14) Title 7, Subtitle 7; and

(15) § 13–101.
Md. Code, Transportation § 5-816 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-816
§5–816.
Status: in_force

(a) The Administration, any aggrieved person, or any officer or agency of the political subdivision may appeal from a decision of the board of appeals to a court of competent jurisdiction.

(b) If, at the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a commissioner to take the evidence that the court directs and report to the court with his findings of fact and conclusions of law. These findings and conclusions constitute a part of the proceedings on which the determination of the court shall be made.

(c) The court may:

(1) Reverse, affirm, or modify the decision brought up for review; and

(2) If necessary, order further proceedings by the board of appeals.

(d) It is not necessary to join the board of appeals as a party.

(e) An appeal may be taken to the Appellate Court of Maryland from any decision of the court of record reviewing the decision of the board of appeals.
Md. Code, Insurance § 5-703 — MD Code / Article gin / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

Deposits made under this subtitle shall be held for the following purposes:

(1) deposits required under this article for a certificate of authority to engage in the insurance business in the State shall be held for the protection of the insurer’s policyholders and creditors;

(2) deposits required under § 19-710(d)(3) of the Health - General Article for a certificate of authority to operate as a health maintenance organization shall be held for the protection of the health maintenance organization’s members and creditors;

(3) deposits of domestic insurers required under the laws of another state, province, or country as a prerequisite for authority to engage in the insurance business in the other state, province, or country shall be held for the protection of the insurer’s policyholders and creditors or for any other purpose specified in the laws requiring the deposits to be made;

(4) deposits allowed under § 5-704 of this subtitle shall be held for the protection of the insurer’s policyholders and creditors; and

(5) deposits required under Title 6, Subtitle 3 of this article shall be held for the purposes specified in the notice of the Commissioner requiring the deposits to be made.
Md. Code, Business Regulation § 5-305 — MD Code / Article gbr / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: reserved

(a) The Director shall issue a registration to an applicant who meets the requirements of this title.

(b) A registration issued by the Director under this title:

(1) may not be transferred from one individual to another; but

(2) may be transferred for the same individual from one cemetery to another.
Md. Code, Human Services § 5-405 — MD Code / Article ghu / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

(a) (1) The local department shall determine an amount of assistance that is sufficient, when added to all other income and support available to a recipient, to provide the recipient with a reasonable subsistence compatible with decency and health.

(2) In determining the amount of assistance, the local department shall consider the recipient’s available resources and necessary expenditures and the conditions existing for the recipient.

(b) In determining the amount of assistance, the local department shall consider support from children as a potential resource and evaluate the amount of the support and its availability to the recipient, in accordance with regulations that the Administration adopts.
Md. Code, Financial Institutions § 5-605 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

(a) Within a reasonable time after the Commissioner takes possession of a banking institution, the Commissioner, in the name of this State, shall petition an equity court in the county where the banking institution has its principal banking office to:

(1) Take jurisdiction over the banking institution; and

(2) Subject to subsection (b) of this section, appoint as receiver:

(i) An examiner; or

(ii) The Federal Deposit Insurance Corporation.

(b) (1) The Commissioner may petition for appointment of the Federal Deposit Insurance Corporation as receiver only of a banking institution that the Corporation insures.

(2) Appointment of the Federal Deposit Insurance Corporation becomes effective when the Corporation files with the court and the court approves a certificate of acceptance.

(c) A receiver shall provide any bond that the court requires.

(d) If an examiner is appointed receiver, the examiner:

(1) May not receive further compensation for services as receiver; but

(2) Subject to order of the court, is entitled to reimbursement for expenses for legal and clerical help and travel.
Md. Code, Business Occupations and Professions § 5-409 — MD Code / Article gbo / Title 5 / Subtitle 4 / Section 5-409
§5–409.
Status: in_force

The Board may reinstate the registration of an individual whose registration has been suspended or revoked under § 5-407 of this subtitle if the individual:

(1) applies to the Board for reinstatement of the registration; and

(2) provides to the Board adequate evidence that the applicant is qualified to have the registration reinstated.
Md. Code, Insurance § 5-912 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-912
§5–912.
Status: in_force

(a) After providing notice and an opportunity for hearing to the reinsurer, the Commissioner may suspend or revoke a reinsurer’s accreditation or certification if the reinsurer ceases to meet the requirements for accreditation or certification.

(b) The revocation or suspension may not take effect until after the Commissioner’s order on hearing unless:

(1) the reinsurer waives its right to a hearing;

(2) the Commissioner’s order is based on a regulatory action by the reinsurer’s domiciliary jurisdiction or primary certifying state suspending or revoking the reinsurer’s eligibility to transact insurance or reinsurance;

(3) the reinsurer voluntarily surrenders its license or certification to transact insurance or reinsurance business in its domiciliary jurisdiction or primary certifying state; or

(4) (i) the Commissioner finds that an emergency requires immediate action by the Commissioner; and

(ii) a court of competent jurisdiction has not stayed the Commissioner’s action.

(c) (1) While a reinsurer’s accreditation or certification is suspended, a reinsurance contract issued or renewed after the effective date of the suspension does not qualify for credit except to the extent the reinsurer’s obligations under the contract are secured in accordance with § 5–914 of this subtitle.

(2) If a reinsurer’s accreditation or certification is revoked, credit for reinsurance may not be granted after the effective date of the revocation except to the extent that the reinsurer’s obligations under the contract are secured in accordance with § 5–911 or § 5–914 of this subtitle.
Md. Code, Natural Resources § 5-602 — MD Code / Article gnr / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: reserved

Forests, timberlands, woodlands, and soil resources of the State are basic assets, and the proper use, development, and preservation of these resources are necessary to protect and promote the health, safety, and general welfare of the people of the State. It is the policy of the State to encourage economic management and scientific development of its forests and woodlands to maintain, conserve, and improve the soil resources of the State so that an adequate source of forest products is preserved for the people. Floods and soil erosion must be prevented and the natural beauty of the State preserved. Wildlife must be protected, while the development of recreational interest is encouraged and the fertility and productivity of the soil is maintained. The impairment of reservoirs and dams must be prevented, the tax rate preserved, and the welfare of the people of the State sustained and promoted. Where these interests can be served through cooperative efforts of private forest landowners, with the assistance of the State, it is the policy of the State to encourage, assist, and guide private ownership in the management and fullest economic development of privately owned forest lands. Where these public interests cannot be served and adequately protected under private ownership, it is the policy of the State to acquire control of, and title to these lands as rapidly as the financial resources of the State permit.
Md. Code, State Finance and Procurement § 5A-339 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-339
§5A–339.
Status: reserved

(a) Except as provided in subsection (b) of this section and elsewhere in this title, an object or material of historical or archaeological value or interest found on a submerged or terrestrial archaeological site on land that the State owns or controls:

(1) is the property of the State; and

(2) shall be deposited for permanent preservation with a reputable museum, an institution of higher education, or another recognized scientific or historical institution or organization.

(b) (1) Subject to applicable federal law and paragraph (2) of this subsection, the Trust may transfer Native American or other human remains in its possession, custody, or control to an appropriate place of repose.

(2) If the cultural affiliation of human remains and associated funerary objects in the possession, custody, or control of the Trust can be established, the Trust may transfer the human remains and associated funerary objects in the following order of priority to:

(i) the descendants of the deceased; or

(ii) a group established as culturally affiliated with the deceased, including a Native American tribe, band, group, or clan.

(c) (1) Except for human remains of Native Americans and associated funerary objects subject to subsection (b)(2) of this section, the Trust may transfer any human remains and associated funerary objects in its possession, custody, or control to a reputable museum, an institution of higher education, or another recognized scientific or historical institution or organization for study, if:

(i) the study is an essential part of scientific research;

(ii) the outcome of the scientific research will benefit the State; and

(iii) except as provided in paragraph (2) of this subsection, the study will be completed and the items returned to the Trust within 1 year after the date of the transfer.

(2) (i) If a transferee under this subsection makes a good faith effort but cannot complete a study within 1 year, the transferee may request an extension from the Trust.

(ii) The Trust may grant the extension only in accordance with its regulations.

(d) (1) In consultation with the Commission on Indian Affairs, the Trust shall adopt regulations to carry out this section.

(2) The regulations shall include:

(i) procedures to determine the appropriate disposition of human remains for which descent or cultural affiliation cannot be established;

(ii) specific time frames and procedures to extend a study of human remains and associated funerary objects beyond 1 year; and

(iii) procedures to account for any human remains and associated funerary objects that temporarily are transferred for study to a reputable museum, an institution of higher education, or another recognized scientific or historical institution or organization.
Md. Code, Education § 5-234 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-234
§5–234.
Status: in_force

(a) (1) Except as provided by paragraph (2) of this subsection and subsections (e) and (f) of this section, for each of the following programs, “minimum school funding” means at least 75% of the per pupil amount applicable to each of the following programs:

(i) The foundation program under § 5–213 of this subtitle;

(ii) The compensatory education program under § 5–222 of this subtitle;

(iii) The English learner education program under § 5–224 of this subtitle;

(iv) The special education program under § 5–225 of this subtitle;

(v) Public providers of prekindergarten under § 5–229 of this subtitle;

(vi) Transitional supplemental instruction under § 5–226 of this subtitle;

(vii) The comparable wage index grant under § 5–216 of this subtitle; and

(viii) The college and career readiness program under § 5–217 of this subtitle.

(2) Except as provided by subsection (e) of this section, for each of the following programs, “minimum school funding” means 100% of the per pupil amount applicable to each of the following programs:

(i) Private providers of prekindergarten under § 5–229 of this subtitle; and

(ii) The per pupil grant under the concentration of poverty program under § 5–223 of this subtitle.

(b) (1) For each school, the county board shall distribute the minimum school funding amount for the applicable program multiplied by the school enrollment for the applicable program.

(2) On or before July 1, 2024, for fiscal year 2025, and each July 1 thereafter, each county board shall report on the county board’s compliance with this section to the Department and the Accountability and Implementation Board established under Subtitle 4 of this title.

(3) A county board may request a waiver under § 5–406 of this title from this provision for reasons including:

(i) A significant shift in total school–level enrollment between the prior year and the current year;

(ii) A significant shift in school–level enrollment of at–promise students between the prior year and the current year; and

(iii) A significant difference in the amount of funding provided through the formula and the amount of expenditures necessary for a category of at–promise students.

(c) On or before July 1, 2023, the Department shall, in collaboration with the Accountability and Implementation Board established under Subtitle 4 of this title:

(1) Implement a financial management system and student data system capable of tracking and analyzing the requirements under this section and integrating local school system data; and

(2) Update the “Financial Reporting Manual for Maryland Public Schools” to ensure uniformity in reporting expenditures for each school.

(d) For fiscal years 2023 and 2024, each county board and the Department shall report to the Accountability and Implementation Board established under Subtitle 4 of this title expenditures for each school in accordance with the federal Every Student Succeeds Act requirements for reporting expenditures.

(e) (1) A county board may exclude from the requirements of this section, countywide obligations and contracts for goods and services that cannot be allocated at the school level.

(2) If a county board makes the exclusion under paragraph (1) of this subsection, the county board shall report the reason for the exclusion to the Department.

(f) For the purposes of this section, subsection (a)(1)(iv) of this section may be reported in the aggregate for each county.
Md. Code, Courts and Judicial Proceedings § 5-626 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-626
§5–626.
Status: in_force

(a) A person who acts in good faith is not civilly liable for:

(1) Making a report under § 10-705 of the Health - General Article;

(2) Participating in an investigation arising out of a report under § 10-705 of the Health - General Article; or

(3) Participating in a judicial proceeding arising out of a report under § 10-705 of the Health - General Article.

(b) This section does not grant any immunity for an abuser who makes a report or participates in the investigation or proceeding.
Md. Code, Business Occupations and Professions § 5-302 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) (1) Subject to the provisions of this subsection, a student who has completed at least 350 hours of training at a school of cosmetology may practice cosmetology, without a license, at the school.

(2) A student may practice cosmetology under this subsection only:

(i) in the course of the practical work required as part of the training of the student;

(ii) while the student is under the direct supervision of a teacher who meets the requirements established by the Department of Education for public school programs or the Maryland Higher Education Commission for private school programs; and

(iii) if the individual to whom a service is to be provided agrees to provision of the service after being informed that a student in training is to provide the service.

(b) (1) Subject to the provisions of this subsection, a student who has completed at least 1,000 hours of training at a school of cosmetology may practice cosmetology, without a license, in a hospital, nursing home, or correctional facility.

(2) A student may practice cosmetology under this subsection only:

(i) in the course of the practical work required as part of the training of the student;

(ii) while the student is under the direct supervision of a teacher who meets the requirements established by the Department of Education for public school programs or the Maryland Higher Education Commission for private school programs; and

(iii) if the individual to whom a service is to be provided:

1. is confined to the hospital, nursing home, or correctional facility; and

2. agrees to provision of the service after being informed that a student in training is to provide the service.
Md. Code, Economic Development § 5-426 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-426
§5–426.
Status: in_force

(a) 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.

(b) Any net investment earnings of the Fund, beyond those necessary to further the purposes of this subtitle, may not benefit a person other than the State.
Md. Code, Environment § 5-507 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-507
§5–507.
Status: in_force

(a) Before acting on any permit application, the Department shall weigh all respective public advantages and disadvantages and make all appropriate investigations. If the Department believes from the evidence before the Department and based upon State water resources policy declared in this subtitle that the applicant’s plans provide greatest feasible utilization of the waters of the State, adequately preserve public safety, and promote the general public welfare, the Department shall grant the permit to appropriate or use the waters, construct, reconstruct, or repair the proposed reservoir, dam, or waterway obstruction, or accomplish any combination of these objectives. If the Department believes from the evidence before the Department that the proposed appropriation or use of State waters or proposed construction is inadequate, wasteful, dangerous, impracticable or detrimental to the best public interest, the Department may reject the application or suggest modifications to the proposed plans to protect the public welfare and safety.

(b) (1) In granting any permit to appropriate or use water or construct any reservoir, dam or waterway obstruction, the Department may include any condition, term, or reservation concerning the character, amount, means, and manner of the appropriation or use or method of construction necessary to preserve proper control in the State and insure the safety and welfare of the people of the State. The Department may determine and specify what provisions to make, if any, in each permit granted to construct a dam or other waterwork for passage of fish.

(2) Any measuring and reporting of water use required of a permittee by the Department shall be effective and reasonable under the circumstances.

(3) Any regulations concerning measuring and reporting of agricultural water use or determination of aquifer or stream flow characteristics prior to issuance of a water appropriation permit for an agricultural water use shall be adopted by the Department with the advice and consent of the Secretary of Agriculture.
Md. Code, Business Regulation § 5-712 — MD Code / Article gbr / Title 5 / Subtitle 7 / Section 5-712
§5–712.
Status: in_force

(a) A seller may not fail to deposit, as required by this subtitle, money received under or in connection with a preneed burial contract.

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

(i) for a first violation, a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both;

(ii) for a second violation, a fine not exceeding $15,000 or imprisonment not exceeding 2 years or both; and

(iii) for a third or subsequent violation, a fine not exceeding $20,000 or imprisonment not exceeding 3 years or both.

(2) Except as otherwise provided in subsection (c) of this section, if a corporation violates this section, each officer responsible for the violation is guilty of a misdemeanor and, on conviction, is subject to:

(i) for a first violation, a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both;

(ii) for a second violation, a fine not exceeding $15,000 or imprisonment not exceeding 2 years or both; and

(iii) for a third or subsequent violation, a fine not exceeding $20,000 or imprisonment not exceeding 3 years or both.

(c) A person who willfully misappropriates or intentionally and fraudulently converts preneed trust funds in excess of $100 to that person’s own use is guilty of a felony and, on conviction, is subject to a fine not exceeding $25,000 or imprisonment not exceeding 10 years or both.
Md. Code, Natural Resources § 5-906 — MD Code / Article gnr / Title 5 / Subtitle 9 / Section 5-906
§5–906.
Status: in_force

(a) Each local project shall conform to a comprehensive plan the local governing body approves and have the approval of official planning agencies having jurisdiction, including comprehensive planning agencies.

(b) Every acquisition and development project funded by the State in whole or in part shall meet needs identified in the Maryland Land Preservation and Recreation Plan prepared and revised every 5 years by the Department in consultation with the Department of Planning and local governments. The document shall identify and recommend for State acquisition efforts those resource areas facing the most intense or immediate development pressure. These resource areas shall be designated as targeted areas. The document and any changes to it shall be distributed to every local governing body.

(c) The Department shall administer the local projects portion of Program Open Space and promulgate and adopt rules and regulations governing submission of applications and allowable project costs.

(d) As provided in § 5–905(a) of this subtitle, beginning on December 1, 1973, local projects shall not be considered or approved for a grant until the annual program of the subdivision has been submitted.

(e) The applicant shall certify on each application that:

(1) The project conforms to the annual program of the local governing body as provided for in § 5–905(a) of this subtitle;

(2) A governmental agency is charged to manage and administer an outdoor public recreation and open space program;

(3) Funds are available or will be available within 12 months of the date of submission of the application to pay the local share of the project cost;

(4) The value or interest in the land proposed for acquisition has been established by qualified appraisers;

(5) The applicant has received or not received federal funds for the project; and

(6) The Department’s rules and regulations have been complied with.

(f) (1) (i) Land acquired or developed under a State grant from Program Open Space may not be converted, without written approval of the Secretary, the Secretary of the Department of Budget and Management, and the Secretary of the Department of Planning from outdoor public recreation or open space use to any other use.

(ii) Any conversion in land use may be approved only after the local governing body replaces the land with land of at least equivalent area and of equal recreation or open space value.

(2) (i) For any conversion of land acquired or developed under a State grant from Program Open Space as provided in paragraph (1) of this subsection, the appraised monetary value of the land proposed for acquisition shall be equal to or greater than the appraised monetary value of the land to be converted, under the proposed new use of the converted land.

(ii) The State shall consider these funds in excess of the encumbered Program Open Space funds to the local jurisdiction.
Md. Code, Corporations and Associations § 5-6B-03 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-03
§5–6B–03.
Status: in_force

(a) Within 15 days after a contract is signed or a public offering statement is received, whichever occurs later, the initial purchaser may rescind, in writing, the contract without any liability on the initial purchaser’s part, and shall thereupon be entitled to the prompt return of the deposit made on account of the contract.

(b) (1) After a contract is signed and before the issuance of a membership certificate, the developer must deliver to the initial purchaser a copy of any amendments, supplements, or modifications to the public offering statement.

(2) The initial purchaser may rescind, in writing, the contract within 5 days after receiving any of the aforesaid items which are material in nature, without any liability on the initial purchaser’s part, and shall be entitled to the return of any deposit made on account of the contract.

(c) If the developer fails to comply with the requirements of this section, the initial purchaser before the issuance of a membership certificate may rescind, in writing, the contract, without liability on the initial purchaser’s part and shall thereupon be entitled to the prompt return of any deposits made on account of the contract.

(c–1) If any deposits are held in trust by a licensed real estate broker, the return of the deposits to an initial purchaser under subsection (a), (b), or (c) of this section shall comply with the procedures set forth in § 17–505 of the Business Occupations and Professions Article.

(d) (1) Any developer who, in disclosing the information required under § 5–6B–02(a) and (b) of this subtitle, makes an untrue statement of a material fact, or omits to state a material fact necessary in order to make the statements made not misleading in the light of circumstances under which they were made, shall be liable to a person purchasing a cooperative interest from the developer.

(2) However, an action may not be maintained to enforce any liability created under this section unless brought within 1 year after the facts constituting the cause of action are or should have been discovered.

(3) A developer may not be liable under paragraph (1) of this subsection if the developer, after reasonable investigation, had reasonable grounds to believe, and did believe, at the time the information required to be disclosed under § 5–6B–02 of this subtitle was provided to the purchaser, that:

(i) The statements were true; and

(ii) There was no omission to state a material fact necessary to make the statements not misleading.

(e) The rights of initial purchasers under this section may not be waived and an attempted waiver is void. If a membership certificate is issued and delivered, the initial purchaser’s rights to rescind under this section are terminated.

(f) The requirements of this section do not apply to the sale of any unit which is to be used and occupied for nonresidential purposes.
Md. Code, Courts and Judicial Proceedings § 5-1107 — MD Code / Article gcj / Title 5 / Subtitle 11 / Section 5-1107
§5–1107.
Status: in_force

A person may not file a petition for a transfer of structured settlement payment rights under this subtitle unless the person:

(1) Is registered with the Attorney General as a structured settlement transferee; or

(2) Has a pending application for registration, and the Attorney General has not acted on the application within the time specified in this subtitle.
Md. Code, Environment § 5-804 — MD Code / Article gen / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

(a) The Department shall assure that State construction projects and State-assisted construction projects meet the requirements of this subtitle.

(b) The Department shall evaluate the effects of changes in the character of the watersheds. In order to assist the Department, the subdivisions shall provide the Department with information on local development, changes in land use, and other physical changes. The Department is the depository for all flood-related data and activities with regard to the provisions of § 5-803 of this subtitle.

(c) The Department periodically shall review the maps of flood hazard areas and local activities undertaken pursuant to this subtitle to determine whether its provisions are being adhered to.
Md. Code, Public Safety § 5-122 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-122
§5–122.
Status: in_force

(a) The Secretary shall disapprove a firearm application if:

(1) the Secretary determines that the firearm applicant supplied false information or made a false statement;

(2) the Secretary determines that the firearm application is not properly completed; or

(3) the Secretary receives written notification from the firearm applicant’s licensed attending physician that the firearm applicant suffers from a mental disorder and is a danger to the firearm applicant or to another.

(b) (1) If the Secretary disapproves a firearm application, the Secretary shall notify the prospective seller, lessor, or transferor in writing of the disapproval within 7 days after the date that the executed firearm application is forwarded to the Secretary by certified mail or facsimile machine.

(2) After notifying the prospective seller, lessor, or transferor under paragraph (1) of this subsection, the Secretary shall notify the prospective purchaser, lessee, or transferee in writing of the disapproval.

(3) The date when the prospective seller, lessor, or transferor forwards the executed firearm application to the Secretary by certified mail or by facsimile machine is the first day of the 7-day period allowed for notice of disapproval to the prospective seller, lessor, or transferor.
Md. Code, Economic Development § 5-554 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-554
§5–554.
Status: in_force

There is an Equity Participation Investment Program Fund.
Md. Code, Corporations and Associations § 5-641 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-641
§5–641.
Status: in_force

(a) A member–regulated cooperative shall establish policies regarding termination of service, including termination of service:

(1) To low–income members;

(2) To a member in cold weather; and

(3) To a member in hot weather.

(b) The board of directors may, as necessary, amend the policies regarding termination of service.
Md. Code, Family Law § 5-1208 — MD Code / Article gfl / Title 5 / Subtitle 12 / Section 5-1208
§5–1208.
Status: in_force

The Department of Human Services and the Maryland Department of Health shall adopt regulations to carry out this subtitle.
Md. Code, Public Safety § 5-805 — MD Code / Article gps / Title 5 / Subtitle 8 / Section 5-805
§5–805.
Status: in_force

Beginning in 2023, and each year thereafter, the Governor shall include in the annual State budget an appropriation sufficient to fund the operations of the Center.
Md. Code, Corporations and Associations § 5-5A-07 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-07
§5–5A–07.
Status: in_force

(a) Within the limitations of this subtitle, the articles of incorporation or bylaws of a consumer cooperative shall contain:

(1) The name of the cooperative, which shall include the word “cooperative” or the abbreviation “co–op”;

(2) The name, address, and state of residence of each incorporator;

(3) A statement of the purposes of the cooperative;

(4) The address of its principal office in the State; and

(5) The name and address of its resident agent in the State.

(b) (1) If the cooperative is organized with capital stock, the articles of incorporation shall state:

(i) The number of authorized shares of stock;

(ii) The par value of each share of stock; and

(iii) The aggregate par value of all authorized shares of stock.

(2) A cooperative may not issue stock without par value.

(c) If the cooperative is organized without capital stock, the articles of incorporation shall state whether the property rights of its members are equal or unequal, and, if unequal, the rule by which the property rights of members, including members admitted after the original organization, are to be determined.

(d) The articles shall state the method by which any surplus existing upon dissolution of the cooperative may be distributed as a gift to another cooperative or to a nonprofit, tax–exempt enterprise.

(e) The articles may also contain any other provisions not inconsistent with the law of this State or with this subtitle for the conduct of the cooperative’s affairs.
Md. Code, Insurance § 5-315 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-315
§5–315.
Status: in_force

A company shall submit the mortality data, morbidity data, policyholder behavior, expense experience, and other data as prescribed in the valuation manual.