EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1448*
HOUSE BILL 1448
D1 2lr3198
By: Delegate Clippinger
Introduced and read first time: February 22, 2022
Assigned to: Rules and Executive Nominations
Re–referred to: Judiciary, February 27, 2022
Committee Report: Favorable
House action: Adopted
Read second time: March 29, 2022
CHAPTER ______
AN ACT concerning 1
District Court – Concurrent Civil Jurisdiction – Violation of Ordinances 2
FOR the purpose of establishing that the District Court has concurrent civil jurisdiction 3
with a governing body of a county or the Mayor and City Council of Baltimore over a 4
proceeding for adjudication of a violation of certain ordinances; and generally 5
relating to the District Court and concurrent civil jurisdiction. 6
BY repealing and reenacting, with amendments, 7
Article – Courts and Judicial Proceedings 8
Section 4–401 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2021 Supplement) 11
BY adding to 12
Article – Courts and Judicial Proceedings 13
Section 4–406 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Local Government 18
Section 10–305(b) 19
Annotated Code of Maryland 20
(2013 Volume and 2021 Supplement) 21 2 HOUSE BILL 1448
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Courts and Judicial Proceedings 3
4–401. 4
Except as provided in § 4–402 of this subtitle, and subject to the venue provisions of 5
Title 6 of this article, the District Court has exclusive original civil jurisdiction in: 6
(1) An action in contract or tort, if the debt or damages claimed do not 7
exceed $30,000, exclusive of prejudgment or postjudgment interest, costs, and attorney’s 8
fees if attorney’s fees are recoverable by law or contract; 9
(2) An action of replevin, regardless of the value of the thing in controversy; 10
(3) A matter of attachment before judgment, if the sum claimed does not 11
exceed $30,000, exclusive of prejudgment or postjudgment interest, costs, and attorney’s 12
fees if attorney’s fees are recoverable by law or contract; 13
(4) An action involving landlord and tenant, distraint, or wrongful 14
detainer, regardless of the amount involved; 15
(5) A grantee suit brought under § 14–109 of the Real Property Article; 16
(6) A petition for injunction relating to the use, disposition, encumbrances, 17
or preservation of property that is: 18
(i) Claimed in a replevin action, until seizure under the writ; or 19
(ii) Sought to be levied upon in an action of distress, until levy and 20
any removal; 21
(7) A petition of injunction filed by: 22
(i) A tenant in an action under § 8–211 of the Real Property Article 23
or a local rent escrow law; or 24
(ii) A person who brings an action under § 14–120, § 14–125.1, or § 25
14–125.2 of the Real Property Article; 26
(8) A petition filed by a county or municipality, including Baltimore City, 27
for enforcement of local health, housing, fire, building, electric, licenses and permits, 28
plumbing, animal control, consumer protection, and zoning codes for which equitable relief 29
is provided; 30
HOUSE BILL 1448 3
(9) Proceedings under Title 12 or Title 13 of the Criminal Procedure Article 1
for the forfeiture or return of money involved in a gambling or controlled dangerous 2
substances seizure where the amount involved, excluding any interest and attorney’s fees, 3
if attorney’s fees are recoverable by law or contract, does not exceed $20,000; 4
(10) A proceeding for adjudication of: 5
(i) A municipal infraction as described in § 6–102 of the Local 6
Government Article; 7
(ii) A Commission infraction as defined in § 17–208 of the Land Use 8
Article; 9
(iii) A Washington Suburban Sanitary Commission infraction under 10
§ 29–102 of the Public Utilities Article, concerning rules and regulations governing publicly 11
owned watershed property; 12
(iv) A Washington Suburban Sanitary Commission infraction under 13
§ 29–101 of the Public Utilities Article, concerning Washington Suburban Sanitary 14
Commission regulations governing: 15
1. Erosion and sediment control for utility construction; 16
2. Plumbing, gas fitting, and sewer cleaning; 17
3. Required permits for utility construction; and 18
4. The Washington Suburban Sanitary Commission 19
Pretreatment Program; 20
(v) A zoning violation for which a civil penalty has been provided in 21
accordance with Title 11, Subtitle 2 or § 20–526(c) of the Land Use Article; 22
[(vi) A violation of an ordinance enacted: 23
1. By a charter county for which a civil penalty is provided 24
under § 10–202 of the Local Government Article; 25
2. By the Mayor and City Council of Baltimore for which a 26
civil penalty is provided by ordinance; or 27
3. By a code county for which a civil citation is issued under 28
Title 11, Subtitle 3 of the Local Government Article;] 29
[(vii)] (VI) A citation for a Code violation issued under § 10–119 of the 30
Criminal Law Article; 31
4 HOUSE BILL 1448
[(viii)] (VII) A civil infraction relating to a violation of the campaign 1
finance laws under § 13–604 of the Election Law Article; 2
[(ix)] (VIII) A violation of an ordinance or regulation enacted by a 3
county without home rule, under authority granted under the Local Government Article, 4
or any provision of the Code of Public Local Laws for that county, for which a civil penalty 5
is provided; 6
[(x)] (IX) A civil infraction that is authorized by law to be prosecuted 7
by a sanitary commission; 8
[(xi)] (X) A violation under Title 10, Subtitle 1, Part III of the 9
Criminal Law Article; or 10
[(xii)] (XI) A civil infraction relating to the storage or distribution of 11
tobacco products under Title 1, Subtitle 12 of the Local Government Article; 12
(11) A proceeding for adjudication of a civil penalty for any violation under 13
§ 5–1001 of the Environment Article, § 15–113, § 15–113.1, § 21–1122, or § 21–1414 of the 14
Transportation Article, or § 14–304 of the Public Safety Article, or any rule or regulation 15
issued pursuant to those sections; 16
(12) A proceeding to enforce a civil penalty assessed by the Maryland 17
Division of Labor and Industry under Title 5 of the Labor and Employment Article where 18
the amount involved does not exceed $20,000; 19
(13) A proceeding for a civil infraction under § 21–202.1, § 21–704.1, § 20
21–706.1, § 21–809, § 21–810, or § 24–111.3 of the Transportation Article or § 10–112 of 21
the Criminal Law Article; 22
(14) A proceeding for a temporary peace order or a final peace order under 23
Title 3, Subtitle 15 of this article; 24
(15) A proceeding for condemnation and immediate possession of and title 25
to abandoned, blighted, distressed, and deteriorated property under authority granted in 26
the Code of Public Local Laws of a county, including Baltimore City, where the estimated 27
value of the property does not exceed $25,000; 28
(16) A proceeding for a replacement motor vehicle under § 14–1502(c)(1)(i) 29
of the Commercial Law Article; 30
(17) An action for damages for a dishonored check or other instrument under 31
Title 15, Subtitle 8 of the Commercial Law Article, regardless of the amount in controversy; 32
and 33
(18) A civil action for an injunction or for a civil penalty for a violation of § 34
8–605(f) of the Transportation Article. 35 HOUSE BILL 1448 5
4–406. 1
(A) THE DISTRICT COURT HAS CONCURRENT CIVIL JURISDICTION W ITH A 2
GOVERNING BODY OF A COUNTY OR THE MAYOR AND CITY COUNCIL OF BALTIMORE 3
OVER A PROCEEDING FO R ADJUDICATION OF A VIOLATION OF AN ORDI NANCE 4
ENACTED: 5
(1) BY A CHARTER COUNTY FOR WHICH A CI VIL PENALTY IS 6
PROVIDED UNDER § 10–202 OF THE LOCAL GOVERNMENT ARTICLE; 7
(2) BY THE MAYOR AND CITY COUNCIL OF BALTIMORE FOR WHICH A 8
CIVIL PENALTY IS PRO VIDED BY ORDINANCE; OR 9
(3) BY A CODE COUNTY FOR WHICH A CI VIL CITATION IS ISSUED 10
UNDER TITLE 11, SUBTITLE 3 OF THE LOCAL GOVERNMENT ARTICLE. 11
(B) THE GOVERNING BODY OF A COUNTY OR THE MAYOR AND CITY 12
COUNCIL OF BALTIMORE MAY DELEGATE ITS AUTHORI TY UNDER SUBSECTION (A) 13
OF THIS SECTION TO A BOARD, A COMMISSION, AN AGENCY, OR AN OFFICER UNDER 14
ITS JURISDICTION AND CONTROL . 15
Article – Local Government 16
10–305. 17
(b) The county board of appeals may have original jurisdiction or jurisdiction to 18
review the action of an administrative officer or unit of county government over matters 19
arising under any law, ordinance, or regulation of the county council that concerns: 20
(1) an application for a zoning variation or exception or amendment of a 21
zoning map; 22
(2) the issuance, renewal, denial, revocation, suspension, annulment, or 23
modification of any license, permit, approval, exemption, waiver, certificate, registration, 24
or other form of permission or of any adjudicatory order; [or] 25
(3) the assessment of any special benefit tax; OR 26
(4) THE ADJUDICATION OF A VIOLATION OF AN ORDINANCE 27
DELEGATED IN ACCORDANCE WITH § 4–406(B) OF THE COURTS ARTICLE. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 29
1, 2022. 30