MD
Maryland Senate Bill SB97

Maryland 2022 Regular Session

Maryland Senate Bill SB97 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 441
21
3-– 1 –
4-Chapter 441
5-(Senate Bill 97)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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+ *sb0097*
89
9-Clerks of the Circuit Courts – Bonds, Licenses, Oaths, and Commissions
10+SENATE BILL 97
11+D1 2lr0360
12+ (PRE–FILED) CF HB 205
13+By: Senator Beidle
14+Requested: August 5, 2021
15+Introduced and read first time: January 12, 2022
16+Assigned to: Judicial Proceedings
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: February 13, 2022
1020
11-FOR the purpose of altering certain provisions and procedures relating to the clerks of the
12-circuit courts, including the execution of certain bonds, and the issuance of certain
13-licenses, and the administration of certain oaths of office and commissions; and
14-generally relating to the clerks of the circuit courts.
21+CHAPTER ______
1522
16-BY repealing and reenacting, with amendments,
17- Article – Courts and Judicial Proceedings
18-Section 2–106, 2–208, and 2–210, 2–211, and 2–212
19- Annotated Code of Maryland
20- (2020 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
2124
22- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
23-That the Laws of Maryland read as follows:
25+Clerks of the Circuit Courts – Bonds, Licenses, Oaths, and Commissions 2
2426
25-Article – Courts and Judicial Proceedings
27+FOR the purpose of altering certain provisions and procedures relating to the clerks of the 3
28+circuit courts, including the execution of certain bonds, and the issuance of certain 4
29+licenses, and the administration of certain oaths of office and commissions; and 5
30+generally relating to the clerks of the circuit courts. 6
2631
27-2–106.
32+BY repealing and reenacting, with amendments, 7
33+ Article – Courts and Judicial Proceedings 8
34+Section 2–106, 2–208, and 2–210, 2–211, and 2–212 9
35+ Annotated Code of Maryland 10
36+ (2020 Replacement Volume and 2021 Supplement) 11
2837
29- [(a)] A person who is required to take an oath under § 2–104 of this subtitle or to
30-file a bond under § 2–105 of this subtitle but who fails to qualify for office by taking and
31-subscribing the required oath or affirmation or giving the required bond within 30 days
32-from the date his commission is received by the clerk, or if no commission is sent to the
33-clerk, within 30 days after receiving his commission or notice of appointment, is deemed to
34-have refused the office, and the office shall be considered vacant, unless the time is
35-extended by the court for good cause shown.
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
39+That the Laws of Maryland read as follows: 13
3640
37- [(b) A clerk of a circuit court for a county who fails to execute the required bond
38-may not receive fees or compensation. A clerk who violates this subsection is subject to a
39-penalty of $1,000.]
41+Article – Courts and Judicial Proceedings 14
4042
41-2–208.
43+2–106. 15
4244
43- (a) This section applies to all licenses issued by the clerk of a circuit court other
44-than those issued under Title 17 of the Business Regulation Article.
45+ [(a)] A person who is required to take an oath under § 2–104 of this subtitle or to 16
46+file a bond under § 2–105 of this subtitle but who fails to qualify for office by taking and 17
47+subscribing the required oath or affirmation or giving the required bond within 30 days 18
48+from the date his commission is received by the clerk, or if no commission is sent to the 19 2 SENATE BILL 97
4549
46- (b) Before the first of May of each year, the clerk of a circuit court shall [apply to
47-the Comptroller for the number of blank licenses of each sort that will probably be required
48-for use by the county during the year, or part of a year, ending the next April 30] Ch. 441 2022 LAWS OF MARYLAND
4950
50-– 2 –
51-COORDINATE WITH THE COMPTROLLER REGARDING THE ISSUANCE OF LICE NSES BY
52-THE CLERK ON BEHALF OF THE COMPTROLLER .
51+clerk, within 30 days after receiving his commission or notice of appointment, is deemed to 1
52+have refused the office, and the office shall be considered vacant, unless the time is 2
53+extended by the court for good cause shown. 3
5354
54- [(c) A clerk who fails to apply for blank licenses in accordance with subsection (b)
55-of this section shall pay a penalty of $1,000 for each failure.]
55+ [(b) A clerk of a circuit court for a county who fails to execute the required bond 4
56+may not receive fees or compensation. A clerk who violates this subsection is subject to a 5
57+penalty of $1,000.] 6
5658
57-2–210.
59+2–208. 7
5860
59- (a) This section applies to all licenses issued by the clerk of a circuit court other
60-than those issued under Title 17 of the Business Regulation Article.
61+ (a) This section applies to all licenses issued by the clerk of a circuit court other 8
62+than those issued under Title 17 of the Business Regulation Article. 9
6163
62- (b) [On or before the first Monday of June and December of each year, the clerk
63-of a circuit court shall return to the Comptroller, under oath, an account of the licenses
64-issued by the clerk, which states] THE CLERK OF A CIRCUI T COURT SHALL
65-COORDINATE WITH THE COMPTROLLER REGARDING :
64+ (b) Before the first of May of each year, the clerk of a circuit court shall [apply to 10
65+the Comptroller for the number of blank licenses of each sort that will probably be required 11
66+for use by the county during the year, or part of a year, ending the next April 30] 12
67+COORDINATE WITH THE COMPTROLLER REGARDING THE ISSUANCE OF LICE NSES BY 13
68+THE CLERK ON BEHALF OF THE COMPTROLLER . 14
6669
67- (1) The number of licenses issued of each grade and kind;
70+ [(c) A clerk who fails to apply for blank licenses in accordance with subsection (b) 15
71+of this section shall pay a penalty of $1,000 for each failure.] 16
6872
69- (2) The date each license was issued;
73+2–210. 17
7074
71- (3) The amount of money received for each license;
75+ (a) This section applies to all licenses issued by the clerk of a circuit court other 18
76+than those issued under Title 17 of the Business Regulation Article. 19
7277
73- (4) The person to whom each license was issued; and
78+ (b) [On or before the first Monday of June and December of each year, the clerk 20
79+of a circuit court shall return to the Comptroller, under oath, an account of the licenses 21
80+issued by the clerk, which states] THE CLERK OF A CIRCUI T COURT SHALL 22
81+COORDINATE WITH THE COMPTROLLER REGARDING : 23
7482
75- (5) The number, grade, and description of all blank licenses remaining.
83+ (1) The number of licenses issued of each grade and kind; 24
7684
77- [(c) If a clerk fails to make an account to the Comptroller in accordance with
78-subsection (a) of this section, the Comptroller shall:
85+ (2) The date each license was issued; 25
7986
80- (1) Charge the clerk with the entire cost of blank licenses delivered to the
81-clerk at the rate fixed by law; and
87+ (3) The amount of money received for each license; 26
8288
83- (2) Immediately afterwards, direct a suit to be brought against the official
84-bond of the clerk to recover the amount.]
89+ (4) The person to whom each license was issued; and 27
8590
86-2–211.
91+ (5) The number, grade, and description of all blank licenses remaining. 28
8792
88- (A) IN THIS SECTION , “APPOINTEE” MEANS THE PERSON TO WHOM A
89-COMMISSION IS DIRECT ED AND WHO APPLIE S FOR THE COMMISSION .
93+ [(c) If a clerk fails to make an account to the Comptroller in accordance with 29
94+subsection (a) of this section, the Comptroller shall: 30
95+ SENATE BILL 97 3
9096
91- (B) When the Governor issues a civil commission and the Secretary of State
92-delivers the commission to the clerk of a circuit court, the clerk [immediately shall deliver
93-the commission to the person to whom the commission is directed and who applies for the
94-commission] SHALL COORDINATE WIT H THE APPOINTEE TO A DMINISTER THE OATH
95-OF OFFICE AND PRESEN T THE COMMISSION . LAWRENCE J. HOGAN, JR., Governor Ch. 441
9697
97-– 3 –
98+ (1) Charge the clerk with the entire cost of blank licenses delivered to the 1
99+clerk at the rate fixed by law; and 2
98100
99-2–212.
101+ (2) Immediately afterwards, direct a suit to be brought against the official 3
102+bond of the clerk to recover the amount.] 4
100103
101- (a) [At least once a month, the] THE clerk of a circuit court shall REGULARLY
102-report to the Secretary of State the name and office of each officer who has taken, before
103-the clerk, the oath required by the Constitution or another law.
104+2–211. 5
104105
105- [(b) (1) The clerk of a circuit court may not administer the oath of office to any
106-officer until the officer has paid the tax on the officer’s commission that is required by law.
106+ (A) IN THIS SECTION , “APPOINTEE” MEANS THE PERSON TO WHOM A 6
107+COMMISSION IS DIRECT ED AND WHO APPLIES F OR THE COMMISSION . 7
107108
108- (2) On the first Monday of March, June, September, and December, the
109-clerk shall pay to the Treasurer all money that the clerk has received for taxes on
110-commissions.]
109+ (B) When the Governor issues a civil commission and the Secretary of State 8
110+delivers the commission to the clerk of a circuit court, the clerk [immediately shall deliver 9
111+the commission to the person to whom the commission is directed and who applies for the 10
112+commission] SHALL COORDINATE WIT H THE APPOINTEE TO A DMINISTER THE OATH 11
113+OF OFFICE AND PRESEN T THE COMMISSION . 12
111114
112- [(c)] (B) (1) On request of any person, the clerk of a circuit court shall give a
113-certificate, under the seal of the clerk’s office, of the qualification of any public officer:
115+2–212. 13
114116
115- (i) Who has taken the oath of office before the clerk; or
117+ (a) [At least once a month, the] THE clerk of a circuit court shall REGULARLY 14
118+report to the Secretary of State the name and office of each officer who has taken, before 15
119+the clerk, the oath required by the Constitution or another law. 16
116120
117- (ii) Whose oath of office is recorded in the clerk’s office.
121+ [(b) (1) The clerk of a circuit court may not administer the oath of office to any 17
122+officer until the officer has paid the tax on the officer’s commission that is required by law. 18
118123
119- (2) The clerk shall charge $1 for issuing a certificate under seal of the
120-qualifications of any public official, including justices of the peace and notaries public.
124+ (2) On the first Monday of March, June, September, and December, the 19
125+clerk shall pay to the Treasurer all money that the clerk has received for taxes on 20
126+commissions.] 21
121127
122- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
123-October 1, 2022.
128+ [(c)] (B) (1) On request of any person, the clerk of a circuit court shall give a 22
129+certificate, under the seal of the clerk’s office, of the qualification of any public officer: 23
124130
125-Approved by the Governor, May 16, 2022.
131+ (i) Who has taken the oath of office before the clerk; or 24
132+
133+ (ii) Whose oath of office is recorded in the clerk’s office. 25
134+
135+ (2) The clerk shall charge $1 for issuing a certificate under seal of the 26
136+qualifications of any public official, including justices of the peace and notaries public. 27
137+
138+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
139+October 1, 2022. 29
140+