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Maryland Manual, 1996-97
Volume 187, Page 940   View pdf image (33K)
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Article All charter provisions enacted under the authority
of Section '5 of this Article shall be subject to any local laws
enacted b\ the General Assembly and approved by the
municipal voters under the provisions of this section

SFC 6 All charter provisions, or amendments
thereto, adopted under the provluons of this Article, shall
be subject to all applicable laws enacted by the General
Assembly, except that any local laws, or amendments
thereto, relating to the incorporation, organization, go\
ernment, or affairs of any municipal corporation and
enacted before this Article becomes etfecuve, shall be
sub)ect to an\ charter provisions, or amendments thereto,
adopted under the provisions of this Article Any local law,
or amendments thereto, relating to the incorporation,
organization, government, or affairs of any municipal
corporation and in effect at the time this Article becomes
effective, shall be subject to any applicable State law
enacted after this Article becomes effective All laws en
acted by the General Assembly and in effect at the time
this Article becomes effective, shall remain in effect until
amended or repealed in accordance with the provisions of
this Constitution Nothing in this Article shall be con
strued to authorize any municipal corporation by any
amendment or addition to its charter, to permit any act
which is prohibited by the laws of this State concerning
the observance of the Sabbath Day or the manufacture,
licensing or sale of alcoholic beverages

ARTICLE XI F.200
HOME R ULE FOR CODE COUNTIES

SECTION 1 For the purposes of this Article, (1)
"code counn" means a county which is not a charter
county under Article 1IA of this Constitution and has
idopted the optional powers of home rule provided under
this Article and (2) "public local law" means a law appli
cable to the incorporation, organization, or government
of a code county and contained in the county's code of
public local laws, but this latter term specifically does not
include (i) the charters of municipal corporations under
Article 11 F of this Constitution, (n) the laws or charters
of counties under Article 1IA of this Constitution, (111)
laws, whether or not Statewide in application, in the code
of public general laws, (iv) laws which apply to more than
one counn, and (\) ordinances and resolutions of the
county government enacted under public local laws

SEC 2 The go\ ernmg body of any county, by a vote
of at least two thirds of the members elected thereto, may
propose by resolution that the county become a code county
and be governed bv the provisions of this Article Upon the
adoption of such a resolution, it shall be certified to the
Board ofSuperv isors of Flections in the county, which Board
(pursuant to the election laws of the State) shall submit to
the voters of die county at the next ensuing general election
the question whether the resolution shall be approved or
rejected If in the referendum a majority of those persons
voting on this question vote tor the resolution, the resolution
is approved and the county shall become a code county
under the provisions of this Article, on the thirtieth day after
the election It in the referendum a majority of those persons
voting on this question vote against the resolution, the
resoluuon is rejected, and of no further effect

Provided that if at the next ensuing general election
there shall be submitted to the voters of the county a
proposed charter under Arucle 11A of this Constitution,

the proposed charter only shall be submitted to the voters
at that next ensuing general election If the pioposed
charter is adopted by the voters, this particular resolution
to become a code county shall not be submitted to the
voters and shall have no further effect If the proposed
charter is rejected by the voters, the code question under
this Article shall be submitted to the voters at the general
election two years later, and no charter question under
Article 11A shall be submitted to the voters at that general
election

SEC. 3. Except as otherwise provided in this Article,
a code county may enact, amend, or repeal a public local
law of that county, following the procedure in this Article

SEC. 4. Except as otherwise provided in this article,
the General Assembly shall not enact, amend, or repeal a
public local law which is special or local in its terms or
effect within a code county The General Assembly may
enact, amend, or repeal public local laws applicable to code
counties only by general enactments which in term and
effect apply alike to all code counties in one or more of
the classes provided for in Section 5 of this Article

SEC. 5. The General Assembly, bv law, shall classify
all code counties by grouping them into not more than
four classes based either upon population as determined
in the most recent Federal or State census or upon such
other criteria as determined by the Genera] Assembly to
be appropriate Not more than one such grouping of code
counties into four (or fewer) classes may be in effect at any
one time, and the enactment of an) grouping of code
counties into four (or fewer) classes repeals any other such
grouping then in effect Code counties may be classified
only as provided in this section

SEC. 6. A code county ma) enact, amend, or repeal a
public local law of that county by a resolution of the board
of county commissioners The General Assembly may
amplify the provisions of this section by general law in any
manner not inconsistent with this Article

SEC. 7. Any action of a code counn in the enactment,
amendment, or repeal of a public local law is subject to a
referendum of the voters in the county, as in this section
provided The enactment, amendment, or repeal shall be
effective unless a petition of the registered voters of the
county requires that it be submitted to a referendum of
the voters in the county The General Assembly shall
amplify the provisions of this section by general law in any
manner not inconsistent with this Article, except that in
any event the number of signatures required on such a
petition shall not be fewer than hve percentum (5%) of the
voters in a county registered for count) and State elections

SEC. 8. Notwithstanding any other provisions of this
Article, the General Assembly has exclusive power to
enact, amend, or repeal any local law tor a code county
which (1) authorizes or places a maximum limit upon the
rate of property taxes which may be imposed by the code
county, or (2) authorizes or regulates the maximum
amount of indebtedness which may be incurred bv the
code county Public local laws enacted by the General
Assembly under this section prevail over any public local
laws enacted by the code county undei other sections in
this Article

SEC. 9. A code county shall not levy an) ty pe of tax,
license tee, franchise tax, or fee which was not in effect or
authorized in the code county at the time it came under

 

 



 
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Maryland Manual, 1996-97
Volume 187, Page 940   View pdf image (33K)
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