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Ch. 397
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LAWS OF MARYLAND
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1264
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Article 25B - Home Rule for Code Counties
Section 13B
Annotated Code of Maryland
(1981 Replacement Volume and 1982 Supplement)
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BY adding to
The Charter of Baltimore City
Article II - General Powers
Section (57)
(1981 Replacement Volume, as amended)
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Preamble
WHEREAS, Decisions of the Supreme Court in Community
Communications, Inc., vs. the City of Boulder and in City of
Lafayette vs. Louisiana Power and Light Company have subjected
municipal governments to new unanticipated and, in some respects,
unclear liabilities under the federal antitrust laws; and
WHEREAS, Many local governments are potentially liable to
suits under the federal antitrust laws in areas that involve
valid public policies designed to protect public health and
safety, the natural environment, the public fiscal situation, and
other valid public areas not always consistent with free
competition; and
WHEREAS, The Governor's Task Force on Local Government
Antitrust Liability has conducted an examination of principal
areas of local government activities potentially exposed to
antitrust liability, and have discussed the rationale of various
categories of local government activities potentially
inconsistent with competition; and
WHEREAS, The General Assembly of Maryland after reviewing
the final report of the Task Force and its findings and after
public hearings, find that it is in the public interest with
respect to certain areas that the power of local governments to
supplant displace or limit competition or both be confirmed in
the light of the rationale for such regulations described in the
report of the Task Force and its public hearings; and
WHEREAS, The Task Force has made further recommendations
subsequent to its final report and has recommended that the
General Assembly address at this time certain local government
activities which currently seem to be exercised by a plurality of
local governments in Maryland and that further study be
accomplished with respect to other activities where confirmation
of local government powers to limit or supplant displace or limit
competition may be appropriate; and
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