WILLIAM DONALD SCHAEFER, Governor                         Ch. 152

CHAPTER 152
(House Bill 330)

AN ACT concerning

Howard County and Prince George's County - Discrimination Laws - Civil Actions

Ho. Co. 16-93

FOR the purpose of authorizing a person subjected to a discriminatory act prohibited by
the Howard County Code or the Prince George's County Code to bring and
maintain a civil action against certain persons for damages, injunctive relief, or
other relief, including attorney's fees and expert witness fees; establishing certain
conditions for commencing certain civil actions and for the award of certain
attorney's fees and expert witness fees; and generally relating to private causes of
action in Howard County and Prince George's County concerning discriminatory
actions.

BY repealing and reenacting, with amendments,
Article 49B - Human Relations Commission
Section 40 and 42
Annotated Code of Maryland
(1991 Replacement Volume and 1992 Supplement)

BY repealing and reenacting, without amendments,
Article 49B - Human Relations Commission
Section 41'

Annotated Code of Maryland
(1991 Replacement Volume and 1992 Supplement)

Preamble

WHEREAS, On March 7, 1990 the Maryland Court of Appeals in McCrory Corp.
v. Fowler invalidated Section 27-20(a) of the Montgomery County Code which provided
a private cause of action for a violation of certain Montgomery County discrimination
laws; and

WHEREAS,—By invalidating Section 27-20(a) of the Montgomery County Code,
the Court implicitly invalidated Section 12.217 of the Howard County Code, which was
modeled on the Montgomery County law and which contained similar provisions; and

WHEREAS,—The Maryland Court of Appeals held in McCrory that the Express
Powers Act did not provide adequate authority to create private causes of action and that
the creation of a new private cause of action traditionally has been the province of the
General Assembly or the Court of Appeals; and

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