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