MD
Maryland Senate Bill SB894

Maryland 2024 Regular Session

Maryland Senate Bill SB894 Compare Versions

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1- WES MOORE, Governor Ch. 948
21
3-– 1 –
4-Chapter 948
5-(Senate Bill 894)
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+ *sb0894*
89
9-Baltimore City – Control Over Powers of Police Commissioner
10+SENATE BILL 894
11+L2 4lr2342
12+SB 758/23 – JPR CF HB 732
13+By: Senator Carter
14+Introduced and read first time: February 2, 2024
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 2, 2024
1019
11-FOR the purpose of repealing a prohibition on certain Baltimore City ordinances or acts of
12-certain municipal officials from conflicting, impeding, obstructing, hindering, or
13-interfering with the powers of the Baltimore City Police Commissioner; making a
14-portion of this Act contingent on the passage and ratification, by a certain date, of a
15-certain Baltimore City Charter amendment; and generally relating to the Baltimore
16-City Police Commissioner.
20+CHAPTER ______
1721
18-BY repealing and reenacting, with amendments,
19- The Charter of Baltimore City
20-Article II – General Powers
21-Section (27)
22- (2007 Replacement Volume, as amended)
23- (As enacted by Chapters 39 and 40 of the Acts of the General Assembly of 2009)
22+AN ACT concerning 1
2423
25- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
26-That the Laws of Maryland read as follows:
24+Baltimore City – Control Over Powers of Police Commissioner 2
2725
28-The Charter of Baltimore City
26+FOR the purpose of repealing a prohibition on certain Baltimore City ordinances or acts of 3
27+certain municipal officials from conflicting, impeding, obstructing, hindering, or 4
28+interfering with the powers of the Baltimore City Police Commissioner; making a 5
29+portion of this Act contingent on the passage and ratification, by a certain date, of a 6
30+certain Baltimore City Charter amendment; and generally relating to the Baltimore 7
31+City Police Commissioner. 8
2932
30-Article II – General Powers
33+BY repealing and reenacting, with amendments, 9
34+ The Charter of Baltimore City 10
35+Article II – General Powers 11
36+Section (27) 12
37+ (2007 Replacement Volume, as amended) 13
38+ (As enacted by Chapters 39 and 40 of the Acts of the General Assembly of 2009) 14
3139
32- The Mayor and City Council of Baltimore shall have full power and authority to
33-exercise all of the powers heretofore or hereafter granted to it by the Constitution of
34-Maryland or by any Public General or Public Local Laws of the State of Maryland; and in
35-particular, without limitation upon the foregoing, shall have power by ordinance, or such
36-other method as may be provided for in its Charter, subject to the provisions of said
37-Constitution and Public General Laws:
40+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
41+That the Laws of Maryland read as follows: 16
3842
39-(27)
43+The Charter of Baltimore City 17
4044
41- To have and exercise within the limits of Baltimore City all the power commonly
42-known as the Police Power to the same extent as the State has or could exercise that power
43-within the limits of Baltimore City[; provided, however, that no ordinance of the City or act
44-of any municipal officer, other than an act of the Mayor pursuant to Article IV of this
45-Charter, shall conflict, impede, obstruct, hinder or interfere with the powers of the Police
46-Commissioner].
45+Article II – General Powers 18
4746
48- SECTION 2. AND BE IT FURTHER ENACTED, That: Ch. 948 2024 LAWS OF MARYLAND
47+ The Mayor and City Council of Baltimore shall have full power and authority to 19
48+exercise all of the powers heretofore or hereafter granted to it by the Constitution of 20 2 SENATE BILL 894
4949
50-– 2 –
5150
52- (a) Section 1 of this Act shall take effect contingent on the passage of an
53-amendment to the Charter of Baltimore City that provides for the appointment, terms of
54-office, and the powers and duties of the Baltimore City Police Commissioner and the powers
55-and duties of the Baltimore City Police Department and its ratification by the voters of
56-Baltimore City at the 2024 general election.
51+Maryland or by any Public General or Public Local Laws of the State of Maryland; and in 1
52+particular, without limitation upon the foregoing, shall have power by ordinance, or such 2
53+other method as may be provided for in its Charter, subject to the provisions of said 3
54+Constitution and Public General Laws: 4
5755
58- (b) If an amendment to the Charter of Baltimore City that provides for the
59-appointment, terms of office, and the powers and duties of the Baltimore City Police
60-Commissioner and the powers and duties of the Baltimore City Police Department is
61-ratified at the 2024 general election, Section 1 of this Act shall take effect January 1, 2025.
56+(27) 5
6257
63- (c) If an amendment to the Charter of Baltimore City that provides for the
64-appointment, terms of office, and the powers and duties of the Baltimore City Police
65-Commissioner and the powers and duties of the Baltimore City Police Department is not
66-passed and ratified at the 2024 general election, Section 1 of this Act, with no further action
67-required by the General Assembly, shall be null and void.
58+ To have and exercise within the limits of Baltimore City all the power commonly 6
59+known as the Police Power to the same extent as the State has or could exercise that power 7
60+within the limits of Baltimore City[; provided, however, that no ordinance of the City or act 8
61+of any municipal officer, other than an act of the Mayor pursuant to Article IV of this 9
62+Charter, shall conflict, impede, obstruct, hinder or interfere with the powers of the Police 10
63+Commissioner]. 11
6864
69- SECTION 2. 3. AND BE IT FURTHER ENACTED, That , except as provided in
70-Section 2 of this Act, this Act shall take effect June 1, 2024.
65+ SECTION 2. AND BE IT FURTHER ENACTED, That: 12
7166
72-Approved by the Governor, May 16, 2024.
67+ (a) Section 1 of this Act shall take effect contingent on the passage of an 13
68+amendment to the Charter of Baltimore City that provides for the appointment, terms of 14
69+office, and the powers and duties of the Baltimore City Police Commissioner and the powers 15
70+and duties of the Baltimore City Police Department and its ratification by the voters of 16
71+Baltimore City at the 2024 general election. 17
72+
73+ (b) If an amendment to the Charter of Baltimore City that provides for the 18
74+appointment, terms of office, and the powers and duties of the Baltimore City Police 19
75+Commissioner and the powers and duties of the Baltimore City Police Department is 20
76+ratified at the 2024 general election, Section 1 of this Act shall take effect January 1, 2025. 21
77+
78+ (c) If an amendment to the Charter of Baltimore City that provides for the 22
79+appointment, terms of office, and the powers and duties of the Baltimore City Police 23
80+Commissioner and the powers and duties of the Baltimore City Police Department is not 24
81+passed and ratified at the 2024 general election, Section 1 of this Act, with no further action 25
82+required by the General Assembly, shall be null and void. 26
83+
84+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That , except as provided in 27
85+Section 2 of this Act, this Act shall take effect June 1, 2024. 28
86+