1994 LAWS OF MARYLAND

Article 23A - Corporations - Municipal

9A.

(a)     Whenever the mayor and city council, by whatever name known, of any
municipal corporation in this State (as defined in § 9(a) of this article) causes, or is
required to cause any of the following documents to be created, implemented or
otherwise established, the respective documents shall be deposited with the Department
of Legislative Reference, and in the manner, as prescribed by subsection (b) of this
section.

(4) A charter amendment, ordinance, referendum or any other device by
which the corporate boundaries of the municipality are enlarged or otherwise changed;
including (i) a copy of the complete text of it with a statement of [the original boundaries
and] the new boundaries, (ii) the date of the referendum election, if any, (iii) the number
of votes cast for or against the annexation, whether in the legislative body or in a
referendum, and (iv) the effective date of the annexation; as provided for in § 19(p) of
this article.

EXPLANATION: Article 23A, § 9A(a)(4) requires a municipal corporation to file
with the Department of Legislative Reference certain documents altering the
boundaries of the municipal corporation. The filing of the original boundaries
with each resolution is unnecessary because by law the original boundaries are
already on file, and this requirement only imposes an additional expense. Staff
recommends this provision be modified.

(b)     The mayor or other chief executive officer, by whatever name known, of each
municipal corporation shall send, or cause to be sent, separately by [certified] mail,
[return receipt requested,] bearing a postmark from the United States Postal Service,
one copy of each of the documents, as appropriate, enumerated in subsection (a) of this
section to the Department of Legislative Reference.

EXPLANATION: Article 23A, § 9A(b) requires each municipal corporation to
submit certain documents to the Department of Legislative Reference by
certified mail, return receipt requested. In practice, however, most municipal
corporations submit documents by regular mail to avoid unnecessary cost and
time. Moreover, whatever concern that may have existed when the certified
mail, return receipt requested requirement was imposed originally is now
resolved by the fact that DLR indicates the date of receipt of each resolution
in a DLR acknowledgment letter. A municipal corporation may still continue
to use certified mail, return receipt requested, if desired for the municipal
corporation's own benefit, but this practice should no longer be statutorily
required. Staff recommends this provision be modified.

19.

(p) The chief executive and administrative officer of a municipal corporation
which has enlarged its corporate boundaries under the provisions of this section shall
promptly register [both the original boundaries and] the new boundaries with the clerk
or similar official thereof, with the clerk of the court in the county or counties in which
the municipal corporation is located, with the Department of Legislative Reference as

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Ch. 661