Maryland 2025 Regular Session

Maryland Senate Bill SB289 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0289
6	6
7	7	SENATE BILL 289
8	8	L2 CONSTITUTIONAL AMENDMENT 5lr0703
9	9
10	10	By: Senator McCray
11	11	Introduced and read first time: January 10, 2025
12	12	Assigned to: Budget and Taxation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Baltimore City – Removal of Debt Ballot Questions 2
19	19
20	20	FOR the purpose of removing the requirement that certain debt created by the Mayor and 3
21	21	City Council of Baltimore be approved by the legal voters of the City of Baltimore 4
22	22	through a majority vote at a certain election; and generally relating to the removal 5
23	23	of debt ballot questions in Baltimore City. 6
24	24
25	25	BY proposing an amendment to the Maryland Constitution 7
26	26	Article XI – City of Baltimore 8
27	27	Section 7 9
28	28
29	29	BY repealing and reenacting, without amendments, 10
30	30	The Charter of Baltimore City 11
31	31	Article II – General Powers 12
32	32	Section (62)(a)(1) and (62A)(g)(3)(i) 13
33	33	(2007 Replacement Volume, as amended) 14
34	34
35	35	BY repealing and reenacting, with amendments, 15
36	36	The Charter of Baltimore City 16
37	37	Article II – General Powers 17
38	38	Section (62)(f)(2) and (62A)(g)(3)(ii) 18
39	39	(2007 Replacement Volume, as amended) 19
40	40
41	41	BY repealing and reenacting, with amendments, 20
42	42	The Public Local Laws of Baltimore City 21
43	43	Section 25–7 and 25–16 22
44	44	Article 4 – Public Local Laws of Maryland 23
45	45	(1979 Edition and 1997 Supplement, and 2000 Supplement, as amended) 24
46	46	2 SENATE BILL 289
47	47
48	48
49	49	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
50	50	(Three–fifths of all the members elected to each of the two Houses concurring), That it be 2
51	51	proposed that the Maryland Constitution read as follows: 3
52	52
53	53	Article XI – City of Baltimore 4
54	54
55	55	7. 5
56	56
57	57	From and after the adoption of this Constitution, no debt except as hereinafter 6
58	58	provided in this section, shall be created by the Mayor and City Council of Baltimore; nor 7
59	59	shall the credit of the Mayor and City Council of Baltimore be given, or loaned to, or in aid 8
60	60	of any individual, association, or corporation; nor shall the Mayor and City Council of 9
61	61	Baltimore have the power to involve the City of Baltimore in the construction of works of 10
62	62	internal improvement, nor in granting any aid thereto, which shall involve the faith and 11
63	63	credit of the City, nor make any appropriation therefor, unless the debt or credit is 12
64	64	authorized by an ordinance of the Mayor and City Council of Baltimore[, submitted to the 13
65	65	legal voters of the City of Baltimore, at such time and place as may be fixed by the 14
66	66	ordinance, and approved by a majority of the votes cast at that time and place]. An 15
67	67	ordinance for the authorization of debt or credit as aforesaid [may not be submitted to the 16
68	68	legal voters of Baltimore City unless the proposed creation of debt or extension of credit is] 17
69	69	SHALL BE either (1) presented to and approved by a majority of the members of the General 18
70	70	Assembly representing Baltimore City [no later than the 30th day of the regular session of 19
71	71	the General Assembly immediately preceding its submission to the voters], or (2) 20
72	72	authorized by an act of the General Assembly. The ordinance shall provide for the discharge 21
73	73	of any such debt or credit within the period of 40 years from the time of contracting the 22
74	74	same. The Mayor and City Council may, temporarily, borrow any amount of money to meet 23
75	75	any deficiency in the City treasury, and may borrow any amount at any time to provide for 24
76	76	any emergency arising from the necessity of maintaining the police, or preserving the 25
77	77	health, safety and sanitary condition of the City, and may make due and proper 26
78	78	arrangements and agreements for the renewal and extension, in whole or in part, of any 27
79	79	and all debts and obligations created according to law before the adoption of this 28
80	80	Constitution. 29
81	81
82	82	The General Assembly may, from time to time, fix a limit upon the aggregate amount 30
83	83	of bonds and other evidences of indebtedness of the City outstanding at any one time to the 31
84	84	same extent as it fixes such a limit upon the indebtedness of the chartered counties. 32
85	85
86	86	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 33
87	87	as follows: 34
88	88
89	89	The Charter of Baltimore City 35
90	90
91	91	Article II – General Powers 36
92	92
93	93	The Mayor and City Council of Baltimore shall have full power and authority to 37
94	94	exercise all of the powers heretofore or hereafter granted to it by the Constitution of 38 SENATE BILL 289 3
95	95
96	96
97	97	Maryland or by any Public General or Public Local Laws of the State of Maryland; and in 1
98	98	particular, without limitation upon the foregoing, shall have power by ordinance, or such 2
99	99	other method as may be provided for in its Charter, subject to the provisions of said 3
100	100	Constitution and Public General Laws: 4
101	101
102	102	(62) 5
103	103
104	104	(a) (1) To borrow money by issuing and selling bonds, at any time and from 6
105	105	time to time, for the purpose of financing and refinancing the development of an industrial, 7
106	106	commercial, or residential area in Baltimore City. Such bonds shall be payable from and 8
107	107	secured by a pledge of the special fund described in subsection (d)(3)(ii) of this section and 9
108	108	the Mayor and City Council of Baltimore may also establish sinking funds, establish debt 10
109	109	service reserve funds, or pledge other assets and revenues towards the payments of the 11
110	110	principal and interest, including revenues received by the Mayor and City Council of 12
111	111	Baltimore pursuant to a development agreement. 13
112	112
113	113	(f) (2) The ordinance, if such bonds constitute debt of the Mayor and City 14
114	114	Council of Baltimore [under], SHALL COMPLY WITH Section 7 of Article XI of the State 15
115	115	Constitution[, shall be submitted to the legal voters of the City of Baltimore at the time 16
116	116	and place specified therein. Such ordinance shall become effective only if it is approved by 17
117	117	the majority of the votes cast at the time and place specified in such ordinance]. Except as 18
118	118	otherwise provided herein, this section may not be construed as requiring the submission 19
119	119	to the legal voters of the City of Baltimore of any ordinance creating a development district 20
120	120	pursuant to subsection (d) of this section. 21
121	121
122	122	(62A) 22
123	123
124	124	(g) (3) (i) Before the ordinance that designates a special taxing district, 23
125	125	authorizes the issuance of bonds, or levies ad valorem taxes or special taxes under the 24
126	126	provisions of this section may be finally enacted, the Mayor and City Council of Baltimore 25
127	127	shall hold a public hearing after giving not less than 10–days notice in a newspaper of 26
128	128	general circulation in the City of Baltimore. 27
129	129
130	130	(ii) The ordinance enacted pursuant to this subsection, if such bonds 28
131	131	constitute debt of the Mayor and City Council of Baltimore [under], SHALL COMPLY WITH 29
132	132	Article XI, § 7 of the Maryland Constitution[, shall be submitted to the legal voters of the 30
133	133	City of Baltimore at the time and place specified therein. Such ordinance shall become 31
134	134	effective only if it is approved by the majority of the votes cast at the time and place 32
135	135	specified in such ordinance]. 33
136	136
137	137	Article 4 – Baltimore City 34
138	138
139	139	25–7. 35
140	140
141	141	Immediately upon the approval of the loan of $5,000,000, hereinafter mentioned, [by 36
142	142	the legal voters of Baltimore City, but not otherwise] IN ACCORDANCE WITH SECTION 7 37 4 SENATE BILL 289
143	143
144	144
145	145	OF ARTICLE XI OF THE CONSTITUTION OF MARYLAND, the Mayor and City Council of 1
146	146	Baltimore shall pay to the treasurer of Baltimore County, out of the proceeds of said loan, 2
147	147	the sum of thirty–five thousand dollars, in lieu, and release of, and, as full compensation 3
148	148	for, all county taxes due, or to become due, on any and all land, property, or things, acquired 4
149	149	or held, or thereafter to be acquired or held, by said Mayor and City Council of Baltimore, 5
150	150	under the loan hereinafter provided for and under the provisions of this subheading, or in 6
151	151	connection with the work herein contemplated, and thereafter such land, property, or 7
152	152	things, when so held or acquired by said city, shall be exempt from taxation for county 8
153	153	purposes; all laws, or parts of laws, inconsistent herewith being hereby repealed to the 9
154	154	extent of such inconsistency. The object of this section is to indemnify Baltimore County 10
155	155	against all loss in taxes, immediate or prospective, that may be entailed upon it by the 11
156	156	appropriation for public use, by the Mayor and City Council of Baltimore, of any and all 12
157	157	such land, property or things. 13
158	158
159	159	25–16. 14
160	160
161	161	In order to provide money to defray the cost of carrying all or any of the purposes of 15
162	162	the provisions of this subheading into execution, the Mayor and City Council of Baltimore 16
163	163	is hereby authorized to issue the stock of said corporation for a sum not exceeding Five 17
164	164	Millions of Dollars; said stock to be issued from time to time as the Mayor and City Council 18
165	165	of Baltimore shall by ordinance prescribe, and to be issued for such amounts, and to be 19
166	166	payable at such time and to bear such rate of interest as the Mayor and City Council of 20
167	167	Baltimore shall by ordinance provide; said stock shall be sold and issued by the 21
168	168	Commissioners of Finance of the City of Baltimore at the best prices obtainable in their 22
169	169	judgment therefor, and any premiums derived from the sale thereof shall remain in their 23
170	170	hands as part of the sinking fund hereinafter mentioned for the redemption of said stock at 24
171	171	maturity. 25
172	172
173	173	The residue of the money received from the sale of said stock shall be turned over by 26
174	174	them to the Comptroller to be by him deposited with the City Register, and to be placed to 27
175	175	the credit of a fund to be known as the “Gunpowder Reservoir Fund,” which shall be 28
176	176	exclusively applicable to the cost of carrying the purposes and provisions of this subheading 29
177	177	into execution, and shall be chargeable with no other items of cost or expense whatsoever, 30
178	178	and appropriation to defray said cost, based upon the estimate of the person charged with 31
179	179	the duty of doing the work contemplated by this subheading shall be annually included by 32
180	180	the Board of Estimates in the usual way in the Ordinance of Estimates, but said stock shall 33
181	181	not be issued in whole or in part unless the ordinance of the Mayor and City Council of 34
182	182	Baltimore providing for the issuance [thereof, shall be submitted to the legal voters of the 35
183	183	City of Baltimore at such time and place as may be fixed by said ordinance and approved 36
184	184	by a majority of votes cast at such time and place as required by] COMPLIES WITH Section 37
185	185	7 of Article XI of the Constitution of Maryland; if issued [pursuant to such approval], the 38
186	186	Mayor and City Council of Baltimore shall levy in each and every year upon all property 39
187	187	liable to taxation in the City of Baltimore, a sum sufficient to pay the interest accruing on 40
188	188	said stock, and to create a sinking fund sufficient, with the aid of any premiums on the sale 41
189	189	thereof to redeem said stock at its maturity. 42
190	190	SENATE BILL 289 5
191	191
192	192
193	193	SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly 1
194	194	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 2
195	195	Act affects only the City of Baltimore and that the provisions of Article XIV, § 1 of the 3
196	196	Maryland Constitution concerning local approval of constitutional amendments apply. 4
197	197
198	198	SECTION 4. AND BE IT FURTHER ENACTED, That : 5
199	199
200	200	(a) The amendment to the Maryland Constitution proposed by Section 1 of this 6
201	201	Act shall be submitted to the qualified voters of the State at the next general election to be 7
202	202	held in November 2026 for adoption or rejection in accordance with Article XIV of the 8
203	203	Maryland Constitution. 9
204	204
205	205	(b) (1) At that general election, the vote on the proposed amendment to the 10
206	206	Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 11
207	207	Constitutional Amendment” and “Against the Constitutional Amendment”, as now 12
208	208	provided by law. 13
209	209
210	210	(2) At that general election, a question substantially similar to the 14
211	211	following shall be submitted to the qualified voters of the State: 15
212	212
213	213	“Question ____ – Constitutional Amendment 16
214	214
215	215	The proposed amendment removes the requirement that debt or credit created by the 17
216	216	Mayor and City Council of Baltimore be approved by the legal voters of the City of 18
217	217	Baltimore through a majority of the votes cast at the appropriate election.”. 19
218	218
219	219	(c) Immediately after the election, all returns shall be made to the Governor of 20
220	220	the vote for and against the proposed amendment, as directed by Article XIV of the 21
221	221	Maryland Constitution, and further proceedings had in accordance with Article XIV. 22
222	222
223	223	SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act is 23
224	224	contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 24
225	225	ratification by the voters of the State. 25
226	226
227	227	SECTION 6. AND BE IT FURTHER ENACTED, That, subject to the provisions of 26
228	228	Section 5 of this Act, Section 2 of this Act shall take effect on the proclamation of the 27
229	229	Governor that the constitutional amendment, having received a majority of the votes cast 28
230	230	at the general election, has been adopted by the people of Maryland. 29