Document Citation: Md. Ann. Code art. 25B, § 10

Header:
Annotated Code of Maryland
ARTICLE 25B. HOME RULE FOR CODE COUNTIES
ENACTMENT OF LOCAL LAWS

Date:
08/31/2009

Document:

§ 10. Legislative procedure

(a) Public meetings. -- All legislative sessions shall be open to the public.

(b) Enacting clause. -- The style of the enacting clause for all bills shall be "Be it enacted by ............." and all public local laws shall be passed by original bill.

(c) Titles. -- Each public local law enacted shall embrace but one subject, and that shall be described in its title; and no public local law, or section of public local law, shall be repealed, revised, or amended by reference to its title only.

(d) Procedure for passing bills -- In general. -- A bill may be introduced by any member of the board of county commissioners on any legislative session day. Not later than the next calendar day following the introduction of a bill the president of the board of county commissioners shall schedule a public hearing on the bill, that shall not be less than seven calendar days after its introduction; but the board of county commissioners may reject any bill on its introduction without a hearing by a vote of at least two thirds of its total membership. The hearing may but need not be held on a legislative session day and may be adjourned from time to time. After a public hearing, a bill may be finally passed on a legislative session day with or without amendment; but if a bill is amended before final passage, it shall not be passed until it is reprinted or reproduced as amended.

(e) Same -- Emergency bills. -- Upon introduction of an emergency bill the president of the board of county commissioners shall schedule a public hearing thereon, which shall not be less than three calendar days after its introduction. The public hearing may but need not be held on a legislative session day and may be adjourned from time to time. After public hearing, the bill may be passed with or without amendment on a legislative session day by an affirmative vote of at least four fifths of the total membership of the board of county commissioners or two thirds where total board membership is three members. Emergency bills which are amended are not subject to the requirement for reprinting or reproduction contained in subsection (d) of this section.

(f) Vote required. -- Subject to the provisions of subsection (e) above, no bill shall become public local law unless it be passed by a majority of the total membership of the board of county commissioners, and on its final passage the yeas and nays shall be recorded in a journal.

(g) Publication of proposed laws. -- On the introduction of any bill, a copy thereof and notice of the time and place of the hearing shall be posted as soon as practicable on an official bulletin board in a public place in the building in which the county commissioners usually meet, and so that the public may have ready access thereto during normal business hours; and additional copies of the bill, with notice of the date of hearing, shall be made available to the public and to the press. Every copy of each bill shall bear the name of the member introducing it and the date it was introduced; and no bill, unless it be an emergency bill, may be passed before the seventh calendar day after introduction. Any amendments proposed to a bill shall be in writing, and copies of the amendments shall be made available for inspection by the press and public. Upon the passage of any bill, the bill or a fair summary thereof shall be published in at least one newspaper of general circulation in the county, not less than three times, at weekly intervals, within a four-week period following its passage.

(h) Effective date of public local law; referendum petition. --

(1) Any public local law enacted by the board of county commissioners of a code county shall take effect forty-five days after it is enacted, unless by a provision of the public local law it is to take effect at a later date. If a public local law is passed as an emergency bill or if a bill is declared by at least a four-fifths vote of the total membership of the board of county commissioners or two thirds where total board membership is three members to be an emergency bill affecting the public health, safety, or welfare of the county, the law shall take effect from the date of its passage. The term "emergency bill" shall not include one abolishing or creating any office, changing any salary, term, or duty of any officer, granting any franchise or special privilege or creating any vested right or interest.

(2) The citizens of a code county, by petition, may submit to the registered voters of the county any public local law or portion thereof enacted under this subtitle. The submission shall be:

(i) At the next regular congressional election or, in accordance with a resolution adopted by the county commissioners, at a special election;

(ii) In accordance with requirements as to time, notice, and form in the Election Law Article; and

(iii) For adoption or rejection by a majority of those voting on the question.

(3) The referendum petition shall be filed with the board of supervisors of elections within forty days after a bill is enacted and shall contain the signatures of at least ten per centum of the registered voters of the county. If more than one half but less than the full number of signatures required to complete any referendum petition against a public local law are filed within forty days from the date it is enacted, the time for the public local law to take effect and the time for filing the remainder of signatures to complete the petition shall be extended for an additional forty days, with like effect.

(4) A petition may consist of several papers, but each paper shall contain the full text of the public local law or part of the public local law petitioned to referendum, and there shall be attached to each paper an affidavit of the person procuring the signatures thereon that, to his personal knowledge, each signature thereon is genuine and bona fide, and that to the best of his knowledge, information, and belief the signers are registered voters of the State of Maryland and of the code county, as set opposite their names. The board of supervisors of elections shall verify the registration of the petitioners.

(5) If the petition is filed with the board of supervisors of elections in compliance with all provisions of law, the public local law shall not take effect until thirty days after its approval by a majority of the registered voters voting on the question. An emergency bill shall remain in force from its effective date notwithstanding the filing of the petition, but it shall be repealed thirty days after having been rejected by a majority of the registered voters voting thereon.