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Session Laws, 1980
Volume 739, Page 3386   View pdf image
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3386

VETOES

1078, which itself imposes a regulatory scheme throughout
the county at the same time as it alters the existing county
scheme.

In conclusion, since the Express Powers Act contains a
general welfare or police power clause which would authorize
a charter county to enact an ordinance for the purpose of
regulating pawnbrokers, Senate Bill 1078 violates Article
XI-A of the Maryland Constitution.

Very truly yours,
Stephen H. Sachs
Attorney General

1/ Harford County became a charter county in 1972. Harford
County Code (1978 Edition).

2/ There are no public general laws regulating or licensing
pawnbrokers.

3/ The Prince George's County provision concerning
pawnbrokers was added to the Public Local Laws of
Prince George's County by the General Assembly in
Chapter 42, Laws of 1968, two years prior to the
adoption of the Charter in that County.

4/ We were advised that a Maryland District Court judge in
the county has concluded that the county pawnbroker
ordinance cannot be enforced in the municipalities in
Harford County. The entire question of whether
county-wide ordinances can be enforced in
municipalities is the subject of a pending Opinion of
the Attorney General. Until the issuance of that
opinion, we will not have finally resolved the question
of a charter county's powers in this area.

Senate Bill No. 1080

AN ACT concerning

Cecil County - Road Work

FOR the purpose of deleting Cecil County from certain
provisions of law relating to the construction,
reconstruction, and maintenance of county roads by the
State Highway Administration.

Honorable James Clark, Jr.

May 27, 1980

 

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