MD
Maryland House Bill HB868

Maryland 2022 Regular Session

Maryland House Bill HB868 Compare Versions

OldNewDifferences
1- LAWRENCE J. HOGAN, JR., Governor Ch. 539
21
3-– 1 –
4-Chapter 539
5-(House Bill 868)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0868*
89
9-Circuit Court for Howard County – Judges Sitting as Orphans’ Court
10+HOUSE BILL 868
11+D1 CONSTITUTIONAL AMENDMENT 2lr0554
1012
11-Ho. Co. 06–22
13+By: Howard County Delegation
14+Introduced and read first time: February 7, 2022
15+Assigned to: Judiciary
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 9, 2022
1219
13-FOR the purpose of requiring the judges of the Circuit Court for Howard County to sit as
14-the Orphans’ Court for Howard County; repealing a requirement that the qualified
15-voters of Howard County elect three Orphans’ Court judges for the county ;
16-exempting Howard County from a provision of law authorizing a party to appeal a
17-final judgment of an orphans’ court to the circuit court of the county; and generally
18-relating to the Circuit Court and Orphans’ Court for Howard County.
20+CHAPTER ______
1921
20-BY proposing an amendment to the Maryland Constitution
21- Article IV – Judiciary Department
22-Section 20 and 40
22+AN ACT concerning 1
2323
24-BY repealing and reenacting, with amendments,
25- Article – Courts and Judicial Proceedings
26-Section 12–502(a)
27- Annotated Code of Maryland
28- (2020 Replacement Volume and 2021 Supplement)
24+Circuit Court for Howard County – Judges Sitting as Orphans’ Court 2
2925
30- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
31-(Three–fifths of all the members elected to each of the two Houses concurring), That it be
32-proposed that the Maryland Constitution read as follows:
26+Ho. Co. 06–22 3
3327
34-Article IV – Judiciary Department
28+FOR the purpose of requiring the judges of the Circuit Court for Howard County to sit as 4
29+the Orphans’ Court for Howard County; repealing a requirement that the qualified 5
30+voters of Howard County elect three Orphans’ Court judges for the county ; 6
31+exempting Howard County from a provision of law authorizing a party to appeal a 7
32+final judgment of an orphans’ court to the circuit court of the county; and generally 8
33+relating to the Circuit Court and Orphans’ Court for Howard County. 9
3534
36-20.
35+BY proposing an amendment to the Maryland Constitution 10
36+ Article IV – Judiciary Department 11
37+Section 20 and 40 12
3738
38- (a) There shall be a Circuit Court for each County and for Baltimore City. The
39-Circuit Courts shall have and exercise, in the respective counties, and Baltimore City, all
40-the power, authority and jurisdiction, original and appellate, which the Circuit Courts of
41-the counties exercised on the effective date of these amendments, and the greater or lesser
42-jurisdiction hereafter prescribed by law.
39+BY repealing and reenacting, with amendments, 13
40+ Article – Courts and Judicial Proceedings 14
41+Section 12–502(a) 15
42+ Annotated Code of Maryland 16
43+ (2020 Replacement Volume and 2021 Supplement) 17
4344
44- (b) The judges of the Circuit Courts for HOWARD, Montgomery, and Harford
45-Counties shall each, alternately and in rotation and on schedules to be established by those
46-judges, sit as an Orphans’ Court for their County, and shall have and exercise all the power,
47-authority and jurisdiction which the present Orphans’ Courts now have and exercise, or
48-which may hereafter be provided by law.
49- Ch. 539 2022 LAWS OF MARYLAND
45+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
46+(Three–fifths of all the members elected to each of the two Houses concurring), That it be 19
47+proposed that the Maryland Constitution read as follows: 20
48+ 2 HOUSE BILL 868
5049
51-– 2 –
52-40.
5350
54- (a) The qualified voters of the several Counties, except HOWARD COUNTY,
55-Montgomery County, and Harford County, shall elect three Judges of the Orphans’ Courts
56-of Counties who shall be citizens of the State and residents, for the twelve months
57-preceding, in the County for which they may be elected.
51+Article IV – Judiciary Department 1
5852
59- (b) The qualified voters of the City of Baltimore shall elect three Judges of the
60-Orphans’ Court for Baltimore City who shall be citizens of the State and residents, for the
61-twelve months preceding, in Baltimore City and who have been admitted to practice law in
62-this State and are members in good standing of the Maryland Bar.
53+20. 2
6354
64- (c) The qualified voters of Prince George’s County shall elect three Judges of the
65-Orphans’ Court for Prince George’s County who shall be citizens of the State and residents,
66-for the twelve months preceding, in Prince George’s County and who have been admitted
67-to practice law in this State and are members in good standing of the Maryland Bar.
55+ (a) There shall be a Circuit Court for each County and for Baltimore City. The 3
56+Circuit Courts shall have and exercise, in the respective counties, and Baltimore City, all 4
57+the power, authority and jurisdiction, original and appellate, which the Circuit Courts of 5
58+the counties exercised on the effective date of these amendments, and the greater or lesser 6
59+jurisdiction hereafter prescribed by law. 7
6860
69- (d) The qualified voters of Baltimore County shall elect three Judges of the
70-Orphans’ Court for Baltimore County who shall be citizens of the State and residents, for
71-the twelve months preceding, in Baltimore County and who have been admitted to practice
72-law in this State and are members in good standing of the Maryland Bar.
61+ (b) The judges of the Circuit Courts for HOWARD, Montgomery, and Harford 8
62+Counties shall each, alternately and in rotation and on schedules to be established by those 9
63+judges, sit as an Orphans’ Court for their County, and shall have and exercise all the power, 10
64+authority and jurisdiction which the present Orphans’ Courts now have and exercise, or 11
65+which may hereafter be provided by law. 12
7366
74- (e) The Judges shall have all the powers now vested in the Orphans’ Courts of the
75-State, subject to such changes as the Legislature may prescribe.
67+40. 13
7668
77- (f) Each of the Judges shall be paid such compensation as may be regulated by
78-Law, to be paid by the City or Counties, respectively.
69+ (a) The qualified voters of the several Counties, except HOWARD COUNTY, 14
70+Montgomery County, and Harford County, shall elect three Judges of the Orphans’ Courts 15
71+of Counties who shall be citizens of the State and residents, for the twelve months 16
72+preceding, in the County for which they may be elected. 17
7973
80- (g) In case of a vacancy in the office of Judge of the Orphans’ Court, the Governor
81-shall appoint, subject to confirmation or rejection by the Senate, some suitable person to
82-fill the vacancy for the residue of the term.
74+ (b) The qualified voters of the City of Baltimore shall elect three Judges of the 18
75+Orphans’ Court for Baltimore City who shall be citizens of the State and residents, for the 19
76+twelve months preceding, in Baltimore City and who have been admitted to practice law in 20
77+this State and are members in good standing of the Maryland Bar. 21
8378
84- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
85-as follows:
79+ (c) The qualified voters of Prince George’s County shall elect three Judges of the 22
80+Orphans’ Court for Prince George’s County who shall be citizens of the State and residents, 23
81+for the twelve months preceding, in Prince George’s County and who have been admitted 24
82+to practice law in this State and are members in good standing of the Maryland Bar. 25
8683
87-Article – Courts and Judicial Proceedings
84+ (d) The qualified voters of Baltimore County shall elect three Judges of the 26
85+Orphans’ Court for Baltimore County who shall be citizens of the State and residents, for 27
86+the twelve months preceding, in Baltimore County and who have been admitted to practice 28
87+law in this State and are members in good standing of the Maryland Bar. 29
8888
89-12–502.
89+ (e) The Judges shall have all the powers now vested in the Orphans’ Courts of the 30
90+State, subject to such changes as the Legislature may prescribe. 31
9091
91- (a) (1) (i) Instead of a direct appeal to the Court of Special Appeals under
92-§ 12–501 of this subtitle, a party may appeal to the circuit court for the county from a final
93-judgment of an orphans’ court.
92+ (f) Each of the Judges shall be paid such compensation as may be regulated by 32
93+Law, to be paid by the City or Counties, respectively. 33
9494
95- (ii) The appeal shall be heard de novo by the circuit court.
95+ (g) In case of a vacancy in the office of Judge of the Orphans’ Court, the Governor 34
96+shall appoint, subject to confirmation or rejection by the Senate, some suitable person to 35
97+fill the vacancy for the residue of the term. 36 HOUSE BILL 868 3
9698
97- (iii) The de novo appeal shall be treated as if it were a new proceeding LAWRENCE J. HOGAN, JR., Governor Ch. 539
9899
99-– 3 –
100-and as if there had never been a prior hearing or judgment by the orphans’ court.
101100
102- (iv) The circuit court shall give judgment according to the equity of
103-the matter.
101+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
102+as follows: 2
104103
105- (2) This subsection does not apply to Harford County, HOWARD COUNTY,
106-or Montgomery County.
104+Article – Courts and Judicial Proceedings 3
107105
108- SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly
109-determines that the amendment to the Maryland Constitution proposed by Section 1 of this
110-Act affects only one county and that the provisions of Article XIV, § 1 of the Maryland
111-Constitution concerning local approval of constitutional amendments apply.
106+12–502. 4
112107
113- SECTION 4. AND BE IT FURTHER ENACTED, That the amendment to the
114-Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified
115-voters of the State at the next general election to be held in November 2022 for adoption or
116-rejection pursuant to Article XIV of the Maryland Constitution. At that general election,
117-the vote on the proposed amendment to the Constitution shall be by ballot, and on each
118-ballot there shall be printed the words “For the Constitutional Amendment” and “Against
119-the Constitutional Amendment”, as now provided by law. Immediately after the election,
120-all returns shall be made to the Governor of the vote for and against the proposed
121-amendment, as directed by Article XIV of the Maryland Constitution, and further
122-proceedings had in accordance with Article XIV.
108+ (a) (1) (i) Instead of a direct appeal to the Court of Special Appeals under 5
109+§ 12–501 of this subtitle, a party may appeal to the circuit court for the county from a final 6
110+judgment of an orphans’ court. 7
123111
124- SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act is
125-contingent on the passage of Section 1 of this Act, a constitutional amendment, and its
126-ratification by the voters of the State.
112+ (ii) The appeal shall be heard de novo by the circuit court. 8
127113
128- SECTION 6. AND BE IT FURTHER ENACTED, That, subject to the provisions of
129-Section 5 of this Act, Section 2 of this Act shall take effect on the proclamation of the
130-Governor that the constitutional amendment, having received a majority of the votes cast
131-at the general election, has been adopted by the people of Maryland.
114+ (iii) The de novo appeal shall be treated as if it were a new proceeding 9
115+and as if there had never been a prior hearing or judgment by the orphans’ court. 10
132116
133-Assigned a chapter number, enactment subject to constitutional referendum,
134-May 29, 2022.
117+ (iv) The circuit court shall give judgment according to the equity of 11
118+the matter. 12
119+
120+ (2) This subsection does not apply to Harford County, HOWARD COUNTY, 13
121+or Montgomery County. 14
122+
123+ SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly 15
124+determines that the amendment to the Maryland Constitution proposed by Section 1 of this 16
125+Act affects only one county and that the provisions of Article XIV, § 1 of the Maryland 17
126+Constitution concerning local approval of constitutional amendments apply. 18
127+
128+ SECTION 4. AND BE IT FURTHER ENACTED, That the amendment to the 19
129+Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 20
130+voters of the State at the next general election to be held in November 2022 for adoption or 21
131+rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 22
132+the vote on the proposed amendment to the Constitution shall be by ballot, and on each 23
133+ballot there shall be printed the words “For the Constitutional Amendment” and “Against 24
134+the Constitutional Amendment”, as now provided by law. Immediately after the election, 25
135+all returns shall be made to the Governor of the vote for and against the proposed 26
136+amendment, as directed by Article XIV of the Maryland Constitution, and further 27
137+proceedings had in accordance with Article XIV. 28
138+
139+ SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act is 29
140+contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 30
141+ratification by the voters of the State. 31
142+
143+ SECTION 6. AND BE IT FURTHER ENACTED, That, subject to the provisions of 32
144+Section 5 of this Act, Section 2 of this Act shall take effect on the proclamation of the 33
145+Governor that the constitutional amendment, having received a majority of the votes cast 34
146+at the general election, has been adopted by the people of Maryland. 35