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CODE HOME RULE GOVERNMENT

□ ACCOUNTABILITY

□ EFFICIENCY

□ TRANSPARENCY

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Local Government Before Code Home Rule . . .

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Local Government After Code Home Rule . . .

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FORMS OF GOVERNMENTCHARTER (1915)

BALTIMORE CITY (1918) ( 621,492)MONTGOMERY (1948) (1,004,709)BALTIMORE (1956) ( 817,455)ANNE ARUNDEL (1964) ( 550,488)PRINCE GEORGE’S (1970) ( 881,138) WICOMICO (1964) ( 100,647)HOWARD (1968) ( 299,430)HARFORD (1972) ( 248,622)TALBOT* (1973) ( 38,098)DORCHESTER* (2002) ( 32,551)CECIL (2012) ( 101,696)FREDERICK (2014) ( 239,582)*NO COUNTY EXECUTIVE

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FORMS OF GOVERNMENTCODE HOME RULE (1966)

KENT (1970) ( 20,191)

ALLEGANY (1974) ( 74,012)

WORCESTER (1976) ( 51,578) 

CAROLINE (1984) ( 32,718)

QUEEN ANNE’S (1990) ( 48,595)

CHARLES (2002)

(150,592)

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FORMS OF GOVERNMENT“COMMISSIONER”

CALVERT ( 89,628)

CARROLL (167,217)

GARRETT ( 29,854)

ST. MARY’S (1838) (108,987)

SOMERSET ( 26,253)

WASHINGTON (149,980)

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Commissioner Government

• Combined Executive and Legislative body• NO county executive

• Local laws adopted by General Assembly• Authority from General Assembly required • Up to 21 months from proposal to effective

date• Legislative hearings in Annapolis• 188 State legislators decide what laws are

right for St. Mary’s County

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Code Home Rule Government

• Combined Executive and Legislative body• NO county executive

• Local laws adopted by Commissioners• Authority from General Assembly NOT

required• Only 2 months from proposal to effective date• Committee Hearings in Leonardtown• 5 Commissioners decide what laws are right

for St. Mary’s County

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Draft Resolution: “Subject to approval at referendum, the county shall operate under Article XI-F of the Maryland Constitution”

At least two public hearings: residents and taxpayers

Commissioners’ decision

- Within 60 days

- 4 of 5 affirmative votes required

PROCESS FOR ADOPTION OF HOME RULE

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PROCESS FOR ADOPTION OF HOME RULE

(CONT’D)

Certified copy of the Resolution to the County Board of Elections

Referendum at November 8, 2016 General Election

COUNTY BECOMES A CODE COUNTY ON DECEMBER 8, 2016

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DIVISION OF LEGISLATIVE AUTHORITY

PUBLIC LOCAL LAWS   The Constitution of Maryland: “a code county

may enact, amend, or repeal a public local law of that county.”

  “Public local law”: “means a law applicable to

the incorporation, organization, or government of a code county and contained in the county's code of public local laws.” 

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DIVISION OF LEGISLATIVE AUTHORITY (cont’d)

“Public local law” does not include: 

laws which apply to more than one county

limit on the rate of property taxes regulation of the maximum amount of

indebtedness which may be incurred

any type of tax, license fee, franchise tax, or new fee

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DIVISION OF LEGISLATIVE AUTHORITY (cont’d)

“Public local law” does not include laws, whether or not Statewide in application, in the code of public general laws (i.e., Annotated Code of Maryland).

  

 

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DIVISION OF LEGISLATIVE AUTHORITY (CONT’D)

62 OP. ATTY. GEN 287 (1977)  “The classification of a particular statute as

general or local is traditionally based on substance not form.”

  The fact that a statute takes the form of a

general law does not make it a public general law if its subject matter is exclusively local.

 

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DIVISION OF LEGISLATIVE AUTHORITY (cont’d) 

REGIONAL LAWS  

The General Assembly may not enact, amend, or repeal a public local law which is special or local in its terms or effect within a code county

 

EXCEPT public local laws which apply to all code counties in one or more classes

  Central Maryland Eastern Shore Southern Maryland (Calvert, Charles, St. Mary’s) Western Maryland  

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DIVISION OF LEGISLATIVE AUTHORITY (cont’d) REFERENDUM   Any enactment, amendment, or repeal is subject to a

referendum  

Petition: 

Signatures of at least 10% of the voters Filed with the county board of elections within 40

days after a local law is enacted If more than one-half but less than the full

number of signatures required are filed within 40 days, the time is extended for an additional 40 days

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LEGISLATIVE PROCESS

LEGISLATIVE DAYS  

Commissioners specify a number of days, not exceeding 45 days, in each year on which the Commissioners may meet to enact public local laws. 

Do not have to be consecutive

Designated by public local law OR Publish notice 3 to 14 days before

 

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LEGISLATIVE PROCESS (cont’d)

INTRODUCTION   Commissioner may introduce a bill on any

legislative day.

Name of the Commissioner who introduced the bill

 

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LEGISLATIVE PROCESS (cont’d)

PUBLIC HEARING  

Commissioner President schedules a public hearing

At least 7 days after introduction Emergency bill: at least 3 days

Bill may be rejected without a hearing by vote of 4 of 5 Commissioners

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LEGISLATIVE PROCESS (cont’d)

AMENDMENT   In writing Reprinted as amended

Except emergency bill

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LEGISLATIVE PROCESS (cont’d)

PASSAGE  

Final passage on a legislative day Affirmative vote of 3 of 5 Commissioners

emergency: affirmative vote of vote of 4 of 5 Commissioners

Yeas and nays recorded in the journal

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LEGISLATIVE PROCESS (cont’d)

NOTICE  

Bill or fair summary published at least three times  Weekly intervals within the 4-week period

after passage  EFFECTIVE DATE  

45 days after enacted or later date specified • Emergency: date of passage

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CHECKS AND BALANCES

NO NEW TAXES 

 REQUIRED LOCAL PUBLIC HEARINGS

(NOT NOW REQUIRED) 

 REFERENDUM ON COMMISSIONER

ACTIONS (NOT CURRENTLY ALLOWED)