WILLIAM DONALD SCHAEFER, Governor
Ch. 661
affecting the "...incorporation, organization, government, or affairs of
any...municipal corporation only by general laws which shall in their terms and
in their effect apply alike to all municipal corporations in one or more
classes...". Since this kind of classification has never been made, there is only
a single class. See Article 23A, § 10 of the Code. Because this subsection has
been held unconstitutional, staff recommends its repeal.
[(v) In Anne Arundel County, if lands annexed pursuant to this section have been
provided by the county with governmental services or facilities (including but not limited
to sewer, water, roads or capital improvements) with respect to which county bonds, or
other financial obligations or indebtedness are still outstanding at the time the annexation
resolution is passed by the legislative body of the annexing authority, the annexing
authority shall be liable to the county for the entire amount of the county's indebtedness
which is fairly allocable to such services and facilities, and is then still unpaid. The
annexing authority shall discharge the obligation created by this section by reimbursing to
the county no later than 60 days after the end of each county's fiscal year during which
any part of the indebtedness allocable to the services and facilities remains outstanding
all interest and principal paid by the county during the previous fiscal year, together with
all administrative expense of servicing the county's indebtedness and fairly allocable to
the governmental services and facilities on the land being annexed, which were provided
by the county prior to the passage of the annexation resolution.]
EXPLANATION: Article 23A, § 19(v) affects municipal corporations within a
single county. While this section has not been challenged, it is the opinion of
staff that it violates Art. XI-E of the Constitution for the reasoning discussed
under Article 23A, § 19(u). Staff recommends its repeal.
[45.
A municipal corporation subject to Article XI-E of the Constitution, whether
through its charter or otherwise, shall not impose any requirement, distinction, or
discriminatory provision in municipal elections which is based upon or in any way related
to the sex of the voter; and it shall not impose any distinction or discriminatory provision
based upon the sex of an individual and having to do with the right to hold a municipal
public office.]
EXPLANATION: Article 23A, § 45 prohibits discrimination based on sex in
municipal elections or in qualifications for municipal office. This law is no
longer necessary in light of the State's Equal Rights Amendment, Article 46 of
the Declaration of Rights, therefore, staff recommends its repeal.
Article 24 - Political Subdivisions - Miscellaneous Provisions
2-103.
(a) The [County Commissioners] GOVERNING BODY OF EACH COUNTY shall
[make out] PREPARE and publish annually in at least [two newspapers published] ONE
NEWSPAPER OF GENERAL CIRCULATION in [their] THE respective [counties if there
be two, a detailed, minute and accurate] COUNTY, A SUMMARY statement of the
expenses of [their] THE county[, specifying therein each particular item of expense, and
for what and to whom paid]. THE PUBLISHED SUMMARY SHALL STATE THAT AN
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