ROBERT L. EHRLICH, JR., Governor

Ch. 134

without legal effect; providing that in the event of a certain conflict, federal law,
State law, or a certain written program guidance preempts a certain ordinance,
resolution, or regulation; and generally relating to the authority of the County
Council of Dorchester County to protect a person's right authorize a person to
engage in certain activities related to the seafood industry and to harvest
seafood.

BY adding to

Article 25 - County Commissioners

Section 232

Annotated Code of Maryland

(2001 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 25 - County Commissioners

232.

(A)     SUBJECT TO SUBSECTION (B) OF THIS SECTION, THE COUNTY COUNCIL OF
DORCHESTER COUNTY MAY ADOPT AN ORDINANCE, RESOLUTION, OR REGULATION
OR TAKE ANY OTHER ACTION THAT THE COUNTY COUNCIL CONSIDERS NECESSARY
TO PROTECT A PERSON'S RIGHT AUTHORIZE A PERSON TO:

(1)      USE THE PERSON'S PERSONAL PROPERTY OR REAL ESTATE TO
OPERATE A SEAFOOD BUSINESS;

(2)     BUY OR SELL SEAFOOD;

(3)      STORE EQUIPMENT USED IN THE PERSON'S SEAFOOD BUSINESS;

(4)      ENJOY THE QUIET CONDUCT OF THE PERSON'S SEAFOOD BUSINESS
IN CONFORMANCE WITH COUNTY AND STATE REQUIREMENTS; AND

(5)      HARVEST SEAFOOD.

(B)     (1) BEFORE ADOPTING AN ORDINANCE, RESOLUTION, OR REGULATION
UNDER SUBSECTION (A) OF THIS SECTION, THE COUNTY COUNCIL SHALL:

(I) HOLD A PUBLIC HEARING AND PROVIDE REASONABLE NOTICE
OF THE HEARING; AND

(II) OBTAIN THE WRITTEN CONSENT OF THE SECRETARY OF
NATURAL RESOURCES.

(2) AN ORDINANCE, RESOLUTION, OR REGULATION ADOPTED WITHOUT
THE WRITTEN CONSENT OF THE SECRETARY OF NATURAL RESOURCES IS VOID AND
WITHOUT LEGAL EFFECT.

(C)     IN THE EVENT OF A CONFLICT, FEDERAL LAW, STATE LAW, OR WRITTEN
PROGRAM GUIDANCE ISSUED BY A FEDERAL OR STATE AGENCY SHALL PREEMPT

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