EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb0768*
HOUSE BILL 768
L6 5lr2449
HB 1436/24 – ENT CF SB 546
By: Delegates S. Johnson, Guyton, and A. Johnson
Introduced and read first time: January 29, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Municipal Incorporation – County Commissioners or County Council – 2
Required Approval of Referendum Request 3
FOR the purpose of requiring a certain organizing committee to make certain 4
determinations and provide a certain report to the county commissioners or county 5
council of a certain county regarding a proposed municipal incorporation; requiring 6
the county to post a certain report on the county’s website within a certain time 7
frame; requiring the county commissioners or county council to approve a certain 8
referendum request in a certain manner if a valid petition to incorporate an area as 9
a municipality is presented by a certain percentage of the registered voters who are 10
residents of the area proposed to be incorporated; requiring the county 11
commissioners or county council to specify in a certain resolution that a certain vote 12
shall be held in the next general election under certain circumstances; and generally 13
relating to the incorporation of municipalities. 14
BY repealing and reenacting, without amendments, 15
Article – Local Government 16
Section 4–201 through 4–204 17
Annotated Code of Maryland 18
(2013 Volume and 2024 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Local Government 21
Section 4–205 through 4–207 22
Annotated Code of Maryland 23
(2013 Volume and 2024 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
Article – Local Government 27 2 HOUSE BILL 768
4–201. 1
(a) In this subtitle the following words have the meanings indicated. 2
(b) “County liaison” means a county official, or the designee of the county official, 3
who coordinates communication between the organizing committee and the county. 4
(c) “Organizing committee” means the group of individuals from the organizing 5
community that works with the county commissioners or county council on the proposed 6
municipal incorporation after a petition for incorporation is verified. 7
(d) “Organizing community” means individuals residing in an unincorporated 8
area who are interested in forming a municipality. 9
4–202. 10
This subtitle governs municipal incorporation. 11
4–203. 12
An area proposed to be incorporated shall contain at least 300 residents before the 13
organizing community may proceed under this subtitle. 14
4–204. 15
(a) A proposal to incorporate an area as a municipality is initiated when a valid 16
petition is presented to the county commissioners or county council of a county by: 17
(1) at least 25% of the registered voters who are residents of the area 18
proposed to be incorporated; or 19
(2) at least 20% of the registered voters who are residents of the area 20
proposed to be incorporated, together with the owners of at least 25% of the assessed 21
valuation of the real property of the area proposed to be incorporated. 22
(b) The Office of the Attorney General shall: 23
(1) create a standard petition form for use by an organizing community; 24
and 25
(2) provide the board of elections of each county with the form for 26
distribution to an organizing community. 27
(c) A petition presented under subsection (a) of this section shall: 28
(1) express the interest of the subscribing individuals in the incorporation 29 HOUSE BILL 768 3
of the area; 1
(2) contain a detailed description of the boundaries of the area proposed to 2
be incorporated, including a survey of courses and distances or general landmarks and 3
place names; 4
(3) state the name of the new municipality, which may not be the same as 5
a name used by a municipality or county in the State; and 6
(4) state the names of the individuals who will initially represent the 7
organizing community on the organizing committee. 8
(d) The organizing community shall obtain the minimum number of valid 9
signatures required under subsection (a) of this section within 18 months after the 10
organizing community receives the standard petition form from the county board of 11
elections. 12
(e) Each person signing the petition shall indicate on the petition: 13
(1) the person’s name and residence address; and 14
(2) if the petition is intended to be presented under subsection (a)(2) of this 15
section and the person signing the petition owns real property in the area proposed to be 16
incorporated, the location and assessed valuation of the property. 17
(f) Within 60 days after receiving a petition, the county commissioners or county 18
council shall: 19
(1) verify that each person who signed the petition: 20
(i) resides in the area proposed to be incorporated; 21
(ii) is registered to vote in the elections of that county; and 22
(iii) if applicable, owns real property within the area proposed to be 23
incorporated; 24
(2) verify that the petition meets the requirements of this section; and 25
(3) appoint a county liaison if the petition meets the requirements of this 26
section. 27
(g) A petition, when received, becomes the property of the county commissioners 28
or county council and may not be used to initiate another incorporation. 29
(h) A proposal to incorporate a municipality and to adopt a municipal charter may 30
not be rescinded after the formal submission of the proposal in a manner other than that 31 4 HOUSE BILL 768
of a formal charter repeal as provided in §§ 4–313 and 4–314 of this title. 1
4–205. 2
(a) (1) Within 90 days after the county commissioners or county council has 3
verified that a petition presented under § 4–204 of this subtitle is valid, the organizing 4
committee shall: 5
(i) actively seek information and input from the county; 6
(ii) hold a public meeting to collect testimony on the proposed 7
incorporation; [and] 8
(III) DETERMINE: 9
1. THE LIKELY FISCAL EF FECT OF THE PROPOSED 10
INCORPORATION ON RES IDENTS OF THE PROPOS ED MUNICIPALITY , RESIDENTS IN 11
THE VICINITY OF THE PROPOSED MUNICIPALITY, AND THE COUNTY ; 12
2. THE SERVICES THAT TH E PROPOSED MUNICIPAL ITY 13
IS EXPECTED TO PROVI DE; AND 14
3. ANY ADVERSE ECONOMIC EFFECTS ON THE COUNT Y 15
AS A RESULT OF THE P ROPOSED INCORPORATIO N; AND 16
[(iii)] (IV) provide the county commissioners or county council with a 17
report on issues related to the proposed incorporation. 18
(2) THE COUNTY SHALL POST THE REPORT ON THE CO UNTY’S 19
WEBSITE AS SOON AS THE COUNTY COMMISSIO NERS OR COUNTY COUNC IL RECEIVES 20
THE REPORT. 21
[(2)] (3) During the 90–day period, the county shall cooperate fully with 22
the organizing committee. 23
(b) The organizing committee shall: 24
(1) notify the county liaison of all meetings and deliberations of the 25
organizing committee; and 26
(2) give the county liaison full opportunity to participate in all meetings 27
and deliberations of the organizing committee. 28
(c) Within 45 days after receiving the report required under subsection 29
[(a)(1)(iii)] (A)(1)(IV) of this section, the county commissioners or county council or its 30 HOUSE BILL 768 5
designee may review the report and provide comments to the organizing committee on 1
issues relating to the proposed incorporation. 2
4–206. 3
(a) The organizing committee shall present to the county commissioners or county 4
council a proposed municipal charter: 5
(1) within 45 days after receiving the comments submitted to the 6
organizing committee under § 4–205(c) of this subtitle; or 7
(2) if the county commissioners or county council has not submitted 8
comments, within 90 days after the report is submitted by the organizing committee under 9
[§ 4–205(a)(1)(iii)] § 4–205(A)(1)(IV) of this subtitle. 10
(b) The organizing committee shall submit statements with the proposed 11
municipal charter describing: 12
(1) the likely fiscal effect of the proposed incorporation on residents of the 13
proposed municipality, residents in the vicinity of the proposed municipality, and the 14
county; 15
(2) the services that the proposed municipality is expected to provide; and 16
(3) the impact that the proposed incorporation is expected to have on 17
property tax rates. 18
4–207. 19
(A) IF THE COUNTY COMMISS IONERS OR COUNTY COU NCIL RECEIVES A 20
REFERENDUM REQUEST P RESENTED BY AT LEAST 40% OF THE REGISTERED VO TERS 21
WHO ARE RESIDENTS OF THE AREA PROPOSED TO BE INCORPORATED , THEN THE 22
COUNTY COMMISSIONERS OR COUNTY COUNCIL SHALL : 23
(1) APPROVE THE REFEREND UM REQUEST ; 24
(2) SPECIFY, BY RESOLUTION , THAT A VOTE ON THE P ROPOSED 25
INCORPORATION BY THE VOTERS OF THE AREA T O BE INCORPORATED SH ALL BE 26
HELD IN THE NEXT GEN ERAL ELECTION ; AND 27
(3) INCLUDE IN THE RESOL UTION THE EXACT TEXT OF TH E 28
PROPOSED MUNICIPAL C HARTER AS SUBMITTED BY THE ORGANIZING CO MMITTEE. 29
[(a)] (B) (1) If the county commissioners or county council approves [the] A 30
referendum request PRESENTED BY LESS TH AN 40% OF THE REGISTERED VO TERS 31
WHO ARE RESIDEN TS OF THE AREA PROPO SED TO BE INCORPORAT ED, THEN, 32 6 HOUSE BILL 768
between 40 and 60 days after it receives the proposed municipal charter, the county 1
commissioners or county council shall specify, by resolution, the day and hours for a vote 2
on the proposed incorporation by the voters of the area to be incorporated. 3
(2) The resolution shall include the exact text of the proposed municipal 4
charter as submitted by the organizing committee. 5
[(b)] (C) (1) If the county commissioners or county council rejects the 6
referendum request, the county commissioners or county council shall: 7
(i) provide in writing and make available to the public within a 8
reasonable time the reasons for the rejection; and 9
(ii) establish reasonable procedures by which the county 10
commissioners or county council shall reconsider a referendum request, including an 11
opportunity for a public hearing with sufficient advance public notice. 12
(2) After the hearing and reconsideration process is completed, the county 13
commissioners or county council, by resolution, shall affirm the rejection or approve the 14
referendum request. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2025. 17