Maryland 2022 Regular Session

Maryland House Bill HB42 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0042
6	6
7	7	HOUSE BILL 42
8	8	L6, L3 2lr0353
9	9	HB 1226/21 – ENT (PRE–FILED)
10	10	By: Delegate Lisanti
11	11	Requested: July 15, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Environment and Transportation
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Municipal Incorporation – County Commissioners or County Council – 2
20	20	Required Consideration of Referendum Request 3
21	21
22	22	FOR the purpose of requiring the county commissioners or county council to consider a 4
23	23	certain referendum request if a valid petition to incorporate an area as a 5
24	24	municipality is presented by a certain percentage of the registered voters who are 6
25	25	residents of the area proposed to be incorporated; and generally relating to the 7
26	26	incorporation of municipalities. 8
27	27
28	28	BY repealing and reenacting, without amendments, 9
29	29	Article – Local Government 10
30	30	Section 4–202 11
31	31	Annotated Code of Maryland 12
32	32	(2013 Volume and 2021 Supplement) 13
33	33
34	34	BY repealing and reenacting, with amendments, 14
35	35	Article – Local Government 15
36	36	Section 4–207 16
37	37	Annotated Code of Maryland 17
38	38	(2013 Volume and 2021 Supplement) 18
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
41	41	That the Laws of Maryland read as follows: 20
42	42
43	43	Article – Local Government 21
44	44
45	45	4–202. 22
46	46
47	47	This subtitle governs municipal incorporation. 23
48	48	2 HOUSE BILL 42
49	49
50	50
51	51	4–207. 1
52	52
53	53	(A) THE COUNTY COMMISSION ERS OR COUNTY COUNCI L SHALL CONSIDER 2
54	54	THE REFERENDUM REQUE ST IF A VALID PETITION IS PRESENTED BY N OT LESS THAN 3
55	55	40% OF THE REGISTERED VOTERS WH O ARE RESIDENTS OF T HE AREA PROPOSED TO 4
56	56	BE INCORPORATED . 5
57	57
58	58	[(a)] (B) (1) If the county commissioners or county council approves the 6
59	59	referendum request, between 40 and 60 days after it receives the proposed municipal 7
60	60	charter, the county commissioners or county council shall specify, by resolution, the day 8
61	61	and hours for a vote on the proposed incorporation by the voters of the area to be 9
62	62	incorporated. 10
63	63
64	64	(2) The resolution shall include the exact text of the proposed municipal 11
65	65	charter as submitted by the organizing committee. 12
66	66
67	67	[(b)] (C) (1) If the county commissioners or county council rejects the 13
68	68	referendum request, the county commissioners or county council shall: 14
69	69
70	70	(i) provide in writing and make available to the public within a 15
71	71	reasonable time the reasons for the rejection; and 16
72	72
73	73	(ii) establish reasonable procedures by which the county 17
74	74	commissioners or county council shall reconsider a referendum request, including an 18
75	75	opportunity for a public hearing with sufficient advance public notice. 19
76	76
77	77	(2) After the hearing and reconsideration process is completed, the county 20
78	78	commissioners or county council, by resolution, shall affirm the rejection or approve the 21
79	79	referendum request. 22
80	80
81	81	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall t ake effect 23
82	82	October 1, 2022. 24
83	83