Part D
LOCAL GOVERNMENT
This Part of The 90 Day Report provides a discussion of legislation of general application to county and municipal government, regional agencies, and select local laws applicable to individual political subdivisions. Other issues of significance to local government are covered in detail in other parts of this document and, to avoid duplication, are not repeated here. For a discussion on State aid to local government, see the "Capital Budget" and "Aid to Local Government" headings of Part A - "Budget and State Aid". For a discussion on local legislation concerning alcoholic beverages, see the "Alcoholic Beverages" heading of Part H - "Business and Economic Issues".
EMPLOYEES' AND TEACHERS' SYSTEMS - INCLUSION IN CONTRIBUTORY PENSION BENEFIT PROGRAM
Senate Bill 363 (passed) allows counties, municipal corporations, special taxing areas, and other specified local government units that participate in the Employees' Pension System to provide their employees with the enhanced pension benefits plan that was first provided to State employees last year. Participation in the enhanced program is at the discretion of the local employer. However, once an election is made, it is irrevocable. Participating local employers have until December 31, 1999 to make this election. For a detailed discussion of this topic, see the "Pensions and Retirement" heading of Part C - "State Government".
LOCAL GOVERNMENT TORT CLAIMS ACT - INDEMNIFICATION OF LAW ENFORCEMENT OFFICERS
Senate Bill 380/House Bill 217 (both passed) expand the authority of a local government to indemnify a law enforcement officer for a judgment for punitive damages entered against the officer based on an act or omission of the officer as long as the act or omission does not constitute a felony under the laws of this State. For further discussion of this topic, see the "Civil Actions and Procedures" heading of Part F - "Courts and Civil Proceedings".
GROWTH MANAGEMENT - LAND USE DEFINITIONS AND CONTROL
Senate Bill 647/House Bill 658 (both failed) would have significantly revised the growth management and land use control laws for the local jurisdictions. The bills were the result of work done by the Planning and Zoning Subcommittee of the Economic Growth, Resource Protection, and Planning Commission over 4 years. Although these bills did not pass, they were referred to interim study.
Senate Bill 647/House Bill 658
would have enhanced uniformity in land use regulation among all jurisdictions of the State
by providing greater flexibility in determining land use processes. Charter counties (Anne
Arundel, Baltimore, Harford, Howard, Montgomery, Prince George's, Talbot, and Wicomico
Counties) and the City of Baltimore currently have the zoning and land use authority that
these bills would have provided. The bills were concerned with issues arising from
changing growth patterns in Maryland. Existing provisions of Article 66B of the Code
prevent local governments from dealing with economic growth and environmental concerns in
innovative ways. Senate Bill 647/House Bill 658 would have
addressed these issues by:
CODE COUNTIES - REFERENDUM - SPECIAL ELECTION
Under Article XI-F, § 7 of the Maryland Constitution, the citizens of the jurisdictions that have adopted code home rule have the right to petition a public local law enacted by the county commissioners to referendum. Article 25B, § 10 of the Annotated Code of Maryland provides that any public local law enacted by the county commissioners of a code county shall take effect 45 days after enactment unless a later date is specified in the bill or unless it is enacted as an emergency measure. In accordance with Article 25B, § 10(h) of the Code, the citizens of a code county may petition a public local law or portion thereof adopted by the county commissioners to referendum. The petition must be signed by at least ten percent of the registered voters in the county and submitted to the board of supervisors of elections within 40 days after a bill is enacted. When a petition that meets the statutory requirements is filed, the local law shall not take effect until 30 days after its approval by a majority of voters in the referendum. (An emergency bill remains in effect, but is repealed 30 days after the referendum if it is rejected by the voters.) The referendum occurs at the next regular congressional election in accordance with Article 33 of the Code.
House Bill 504 (passed) allows the county commissioners, when a local law enacted by the county commissioners is petitioned to referendum, the option of scheduling a special election on the bill rather than delaying the effect of the bill until the next congressional election. This bill affects Maryland's five code home rule counties: Allegany, Caroline, Kent, Queen Anne's, and Worcester.
BALTIMORE CITY AND MONTGOMERY COUNTY - RESIDENCY REQUIREMENTS FOR CHIEF EXECUTIVE OFFICERS
Senate Bill 240 (Ch. 9)/House Bill 263 (Ch. 8) modify the minimum residency requirement for a candidate for the office of Mayor of Baltimore or County Executive of Montgomery County. Specifically, these Acts require a candidate to be a resident of the political subdivision for at least 6 months, rather than 1 year, preceding the general election. However, these Acts reserve to the local governing body the right to retain the one-year residency requirement should they choose to do so through enactment of a local ordinance effective no later than 4 weeks prior to the filing deadline under the State election law.
Currently, the residency requirement for the office of Mayor of Baltimore City and the office of County Executive of Montgomery County is established pursuant to the jurisdiction's charter. Article IV, § 1 of the Baltimore City Charter provides, in part, that the Mayor "be a person of known integrity, experience, and sound judgment ... over twenty-five years of age, a citizen of the United States, and a resident of the City for at least one year next preceding the election and during the term of office." Article 2, § 203 of the Montgomery County Charter provides, in part, that the County Executive "shall have been a resident of Montgomery County for the year preceding the election or appointment, shall be not less than thirty years of age, [and] shall be a qualified voter of Montgomery County."
Five other charter counties with an elected county executive have durational residency requirements for the county executive under their respective county charter. Baltimore, Harford, Howard, and Prince George's Counties require that the county executive reside within the respective county for at least five years while Anne Arundel County has a four-year durational residency requirement for county executive.
ZONING - ENFORCEMENT ACTIONS BEFORE DISTRICT COURT
Senate Bill 375/House Bill 677 (both passed) address an anomalous situation under current law in which a District Court judge may include an abatement order in the adjudication of a citation issued by a municipal zoning official, but not by a county zoning official. Senate Bill 375/House Bill 677 grant the District Court of Maryland the same power to enter an abatement order in an adjudication of a county zoning violation as the District Court has in a proceeding to adjudicate a municipal infraction. Under current law, the District Court may order a person found to have committed a municipal infraction to abate the infraction or enter an order permitting the municipality to abate the infraction at the person's expense.
DISTRICT COURT - COURT COSTS - LANDLORD-TENANT - SUMMARY EJECTMENT
House Bill 110 (failed) would have established for summary ejectment actions a uniform statewide service fee of $5 for each location to which a summons is affixed or posted and an additional $5 service fee for each tenant for whom personal service of a summons is requested. By changing the fee to per location, from the current per tenant of record, passage of this legislation would have significantly reduced the amount of revenue in most counties.
COURTS - EFFICIENCY AND EQUITY
Senate Bill 133/House Bill 181 (failed) would have provided that, beginning in fiscal year 2001, the State take over from the local governments the payment of the salaries, benefits, and operating expenses of the following circuit court personnel:
The legislation would also have increased the juror per diem required to be paid by the State beginning in fiscal year 2000 from $5 to $15 per day.
HIGHWAY ACCESS
In many of Maryland's municipal corporations, a State highway serves as "Main Street". While a municipal corporation has the ability to control the use of property adjacent to a State highway, only the State Highway Administration (SHA) has authority to make decisions regarding access to a State highway. Moreover, the criteria used by SHA for granting access to State highways is not always clear.
Senate Bill 729/House Bill 996 (both passed) prohibit SHA from denying an owner of property abutting a State highway all access to the highway if the abutment is within the boundaries of a municipal corporation. However, SHA may deny access if: (1) the property abuts another public road to which reasonable access can be granted; (2) the denial is based on an access management plan that has been agreed to by SHA and the municipality; or (3) SHA pays just compensation to the property owner as part of the exercise of eminent domain. The bills also require SHA to meet with local officials prior to designating a State highway as an expressway.
STATE AID FOR POLICE PROTECTION
Established in 1990, the municipal sworn officer allocation helps municipalities with the cost of providing police protection. Senate Bill 175/House Bill 679 (both passed) raise the municipal sworn officer allocation from $1,200 to $1,800 annually. The bills prohibit this increase in aid from being used to supplant existing local funding for police protection and is effective July 1, 1999. The Governor included $853,800 in Supplemental Budget Number 3 to finance the increase in the allocation. The State pays the allocation to qualifying municipalities for each sworn police officer employed on a full-time basis.
REGULATION OF ALCOHOLIC BEVERAGES
Under current law, a person is generally prohibited from being intoxicated and endangering the safety of another person or property or being intoxicated or drinking any alcoholic beverage in a public place and causing a disturbance. A person who violates these prohibitions is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 90 days, or both.
In addition, certain subdivisions are authorized to adopt ordinances or resolutions to supplement these statewide prohibitions. This authority includes the regulation of the possession and consumption of any alcoholic beverages on any public property, property used by the public in general, or on any highway. The subdivisions with this authority include: Baltimore City, and Anne Arundel, Baltimore, Harford, Prince George's, St. Mary's, Cecil, Garrett, and Frederick Counties. In the City of Annapolis and the City of Frederick, the mayor and the aldermen are authorized to regulate the possession and consumption of alcoholic beverages on any public property owned by the city or on any public highway within the city limits. House Bill 301 (passed) authorizes the governing body of each municipal corporation to adopt ordinances or resolutions to regulate the possession or consumption of alcoholic beverages in public places located within the municipal corporation. A public place is defined as a parking lot, common area, or general common element in: (1) a leased residential property, including attached single-family homes or a multifamily dwelling unit; (2) a condominium; or (3) a homeowners association.
CITY OF DISTRICT HEIGHTS (PRINCE GEORGE'S COUNTY) - URBAN RENEWAL AUTHORITY FOR SLUM CLEARANCE
House Bill 344 (passed) authorizes the City of District Heights to undertake urban renewal projects for slum clearance and redevelopment under the provisions of Article III, § 61 of the Constitution of Maryland. The bill adds an appendix to the charter of the municipal corporation addressing the municipality's powers relating to urban renewal projects, creation of an urban renewal agency, approval of an urban renewal plan, disposal and condemnation of property in an urban renewal area, and the issuance of general obligation and revenue bonds.
With the passage of this bill, 51 out of 156 municipal corporations now have urban renewal powers under the Constitution. This type of legislation is one of the few exceptions to the otherwise broad home rule authority of municipal corporations under Article XI-E, adopted in 1954, which forbids the General Assembly from enacting local laws for particular municipal corporations. The Urban Renewal Amendment to the Constitution, Article III, § 61, adopted in 1960, expressly provides that the General Assembly's power to enact local laws regarding local urban renewal projects for slum clearance prevails over the restrictions in Article XI-E.
Once a municipal corporation has been granted urban renewal authority for slum clearance under the Constitution, the municipal corporation may exercise eminent domain powers for individual blighted properties under Article 23A, § 2(b)(24) of the Annotated Code of Maryland. This power was recently added to the express powers of municipal corporations by Chapter 519 of the Acts of 1995.
MUNICIPAL PLANNING COMMISSIONS
House Bill 300 (Ch. 85) authorizes the legislative body of a municipal corporation to designate one alternative member as well as a temporary alternate to sit on the municipal planning commission. The Act is intended to address the difficulty some planning commissions have experienced achieving a quorum.
WASHINGTON SUBURBAN SANITARY COMMISSION
Of all the legislation this session on bi-county agencies, the only successful legislation dealt with the Washington Suburban Sanitary Commission (WSSC).
Payment for Damages from Water Main Breaks
Under current law, the WSSC is authorized to pay for property damage caused by a sanitary sewer backup. House Bill 608 (passed) authorizes the WSSC to pay for actual property damage caused by a water main break occurring on or after October 1, 1999, under regulations adopted by the WSSC. Payment is not an admission of liability. Under the bill, the WSSC may not pay for property damage caused by a water main break that results from an intentional act or negligence of the owner or tenant of the property.
According to the WSSC, annual expenditures should not exceed $250,000. The WSSC is considering a cap on payments per claim, similar to the method originally used to phase in payments for sewer backups.
Plan of Scheduled System Repairs
In an effort to increase coordination of water and sewer repairs with road work and other infrastructure maintenance, House Bill 618 (passed) requires the WSSC annually to submit a plan of system repairs scheduled for the next 3 years to the counties, municipal corporations, and qualifying homeowner corporations in the Washington Suburban Sanitary District. The bill also requires the WSSC to submit to the county councils, county executives, and the legislative delegations of Montgomery County and Prince George's County, each year through 2002, a list of all nonemergency system repairs that were not included in the plan of system repairs scheduled for that year.
Minority Business Enterprise Programs
A recent disparity study commissioned by the WSSC found that minority business enterprise (MBE) participation in WSSC procurement continues to lag. In addition to low participation in subcontracting, the study found a dearth of MBE participation in prime contracting for construction contracts. In response, House Bill 611 (passed) extends the MBE programs of the WSSC through July 1, 2002, and expands the construction MBE program to apply to prime contracts as well as subcontracts. The bill also requires the WSSC to establish a timetable for implementation of certain recommendations based on the study. Finally, the bill requires the WSSC to report to the legislative delegations each year on the MBE programs for procurement in areas other than construction contracts.
During the 1999 session, the General Assembly passed numerous bills applicable to individual political subdivisions. Although this subpart includes local bills for several subdivisions, including bills that allow counties to incur debt, other bills that affect single jurisdictions are discussed in other parts of The 90 Day Report. For State bond bills for projects in local jurisdictions and a breakdown of State aid to individual jurisdictions, see the "Capital Budget" and "Aid to Local Government" headings of Part A -"Budget and State Aid" of The 90 Day Report. For a discussion of local bills concerning property tax credits, see the "Property Tax" heading under Part B - "Taxes." For a discussion of local alcoholic beverage bills, see the "Alcoholic Beverages" heading under Part H - "Business and Economic Issues."
ALLEGANY COUNTY
Authorization for Golf Carts to Cross County Roads
Both Rocky Gap and Gobbler's Knob golf courses require the crossing of county roads. House Bill 251 (Ch. 82) modifies the Maryland Vehicle Law to allow Allegany County to designate crossings where golf carts may cross county highways to have continued access to a golf course. The Act further provides that a golf cart need not be registered under the Maryland Vehicle Law in order to cross county highways at designated locations.
ANNE ARUNDEL COUNTY
Part-Time Positions for Assistant State's Attorneys
Currently, no county authorizes its State's Attorneys to convert fulltime assistant State's Attorney's positions to part-time positions to be shared by two or more assistant State's Attorneys. Current law requires the Anne Arundel County deputy State's Attorneys and the assistant State's Attorneys, with the exception of one assistant, to serve full-time. House Bill 1036 (passed) authorizes the Anne Arundel County State's Attorney to designate two or more assistant State's Attorneys to share one or more full-time positions.
Exclusive Federal Jurisdiction over Fort Meade Property
On April 28, 1997, Paul W. Johnson, Assistant Secretary of the Army, requested that the Governor transfer to the United States, exclusive legislative jurisdiction over the 265 acre "Berman parcel" located on the western portion of the Fort George G. Meade United States Army Installation. Currently, the United States has only a proprietary interest in that property. The United States indicates that acquisition of that parcel of land is essential to the continued protection of national security functions and activities of the National Security Agency. House Bill 256 (Ch. 84) grants the United States exclusive jurisdiction over the "Berman parcel." Under the Act, the State retains the right to serve civil and criminal process of the courts of the State and enforce and ensure compliance with applicable environmental laws and Public Service Commission laws and regulations on the property.
Access to Retirement Records
House Bill 403 (passed) requires disclosure, on written request, of the total amount of a pension or retirement allowance that is derived from employer contributions that is granted to a retired elected or appointed local official of Anne Arundel County. This is similar to a current statewide requirement for disclosure of retirement records. House Bill 403 also requires disclosure of retirement records that apply to employee contributions if the official consents to the disclosure. In addition, the bill requires the custodian of records to maintain a list of officials who have consented to the disclosure of information. This bill addresses concerns raised in the past few years, specifically in Anne Arundel County, regarding lack of disclosure of retirement benefit information.
BALTIMORE CITY
Condemnation of Abandoned Property
Senate Bill 770/House Bill 1181 (both passed) allow the Mayor and City Council of Baltimore to file a petition in the District Court, for the condemnation of abandoned property and the immediate possession of the abandoned property for the public purpose of alleviating nuisance and blight.
The bills define abandoned property as:
(1) an unoccupied structure or vacant lot on which taxes are in arrears for at least 2 years;
(2) a building that is unoccupied by the owner or tenant, unfit for habitation, or has deteriorated to the extent that the building is structurally unsound or the cost of rehabilitation significantly exceeds the postrehabilitation market value;
(3) a building for which the City has issued the owner a violation notice requiring the owner to demolish the building or to rehabilitate it to conform to minimum code habitability requirements;
(4) a vacant lot on which a building has been demolished; or
(5) any building in a block of row houses where the block as a whole contains 70% abandoned property and is determined by the City to require a whole-block remedy, provided that any tenant or owner-occupant has been offered relocation assistance and payments.
The Mayor of Baltimore City is required to report to the General Assembly on or before December 1, 2000, and on or before December 1 each year thereafter, on the number of homeowners and the number of tenants displaced from occupied dwellings under these bills and the cost and success of relocating persons displaced in alternative, more suitable housing.
Police Review Board
Senate Bill 747/House Bill 1138 (both passed) repeal the existing Complaint Evaluation Board of Baltimore City and establish a new 12-member Civilian Review Board to evaluate complaints made by the public regarding abusive language, harassment, or excessive force used by police personnel of the Baltimore City Police Department and to review the policies of the Baltimore City Police Department. The Board is composed of one member of the public from each of the nine police districts in Baltimore City, and three nonvoting members. Of the nonvoting members, one shall be a representative of the Fraternal Order of Police, one shall be a representative of the Vanguard Justice Society, and the third shall be either the Police Commissioner or the Commissioner's designee.
The bills require the Internal Investigation Division to investigate each complaint and submit its report to the Civilian Review Board within 90 days of the complaint filing. The Civilian Review Board is also required to review all complaints, and may investigate a complaint simultaneously with the review conducted by the Internal Investigation Division and report its recommendations to the Division. The bills impose criminal penalties for knowingly making a false statement, report, or complaint in the course of an investigation by the Internal Investigation Division.
The Civilian Review Board reports its findings and recommendations to the Police Commissioner who has final decision-making responsibility for appropriate disciplinary action. Procedures under the bill may not be construed to abrogate any constitutional, statutory, or common law right of a police officer who is subject to a complaint or of a complainant, investigator, or witness.
BALTIMORE COUNTY
Compensation of Election Judges
House Bill 917 (passed) increases the compensation for election judges in Baltimore County to $160 per day (up from $135 per day) for each chief election judge, and $125 per day (up from $100 per day) for every other election judge.
CALVERT COUNTY
Enforcement on Private Roadways
House Bill 115 (passed) authorizes law enforcement officers in Calvert County to enforce the provisions of the Maryland Vehicle Law on private roadways in the County that are located within a residential subdivision or community and used for vehicular travel by residents of the subdivision or community. This bill responds to concerns from the Calvert County Sheriff that the Sheriff's office does not currently have the authority to enforce vehicle law violations in large, private developments in the County that are not accessible to the general public. It expands on a 1994 enactment that prohibited the violation of rules of the road under Title 21 of the Transportation Article on private roads in Calvert County that are located in a residential subdivision or community.
CAROLINE COUNTY
Education Budget Requirements
House Bill 597 (passed) requires the Caroline County Board of Education, on request of the County Commissioners, to provide with its annual budget the program implications of recommendations for reductions to or increases in its annual budget. The bill sunsets on September 30, 2001.
CARROLL COUNTY
Public Facilities Bonds
Senate Bill 608 (passed) authorizes the Carroll County Commissioners to issue up to $28.5 million in general obligation bonds for construction, improvement, or development of public buildings and facilities and public works projects. The date of maturity cannot exceed 30 years.
CECIL COUNTY
Election and Terms of Office for the Board of County Commissioners
Senate Bill 718 (passed) provides for the staggering of the membership of the Cecil County Board of County Commissioners, subject to adoption of a related proposed constitutional amendment. The bill also provides for the at-large election of five county commissioners in the general election to be held in November 2002, subject to district residency requirements. Senate Bill 718 is contingent on ratification of Senate Bill 510 (passed), a proposed constitutional amendment, discussed below.
Senate Bill 510 proposes an amendment to Article XVII of the Maryland Constitution to exempt the Board of County Commissioners for Cecil County from the requirement for quadrennial elections, thereby permitting the staggering of terms for the Cecil County Board of County Commissioners. It will be submitted to the voters at the next general election in November 2000 for adoption or rejection.
Public Facilities Bonds
Senate Bill 469/House Bill 647 (both passed) authorize the County Commissioners of Cecil County to issue up to $12 million in bonds to finance public capital projects. The County plans to spend $6 million in school construction and improvements and $6 million for other projects such as major highway projects and sewage improvements. The date of maturity cannot exceed 30 years.
Bainbridge Development Corporation
House Bill 1152 (passed) establishes the Bainbridge Development Corporation to redevelop the Bainbridge Naval Training Center in Cecil County and accelerate the transfer of the center's facilities and sites to the private sector. In order to finance or refinance projects, the corporation may borrow money or accept grants from federal, State, or local governments or from private sources. The bill also authorizes the Maryland Economic Development Corporation to periodically issue bonds to finance or refinance all or part of the costs of the establishment of economic activity on the center's premises.
CHARLES COUNTY
Board of Fire and Rescue Commissioners
House Bill 382 (Ch. 88) allows the Charles County Board of Fire and Rescue Commissioners, after consultation with the County Attorney, to remove or bar from office an individual in any county fire department or rescue squad, including in a mobile intensive care unit, who refuses to submit a required record or otherwise violates provisions of law that apply to county fire departments and rescue squads. The Act also authorizes the hiring of a program coordinator.
Length of Service Award - Volunteer Fire and Rescue Squads
Three bills enacted this session relate to length of service awards for volunteer fire and rescue service in Charles County.
House Bill 386 (Ch. 90) allows a member who is at least 55 years old and has completed a minimum of 25 years of qualifying service with any Charles County Volunteer Fire Company or Charles County Volunteer Rescue Squad to elect to receive an early Length of Service Award Program benefit. The benefit would be equal to 75% of the benefit that person would have received at age 60. The benefit for additional years of service credit would also equal 75% of the benefit that person would have received at age 60.
House Bill 385 (Ch. 89) alters the cost of living increase for fiscal 2000 for any person who has reached the age of 60 and has completed a minimum of 26 years of certified active volunteer fire and rescue service and who qualifies for the Length of Service Award Program. The Act affects the component of the benefit earned for each full year of qualifying service beyond 25 years, and substitutes a one time increase of $1 applied to the value of each year of qualifying service in lieu of the annual cost of living increase.
House Bill 656 (Ch. 106) modifies the Charles County Length of Service Award Program to provide for a death benefit of $5,000 to be paid when a volunteer member of a fire, emergency medical service, or specialized rescue unit who has completed at least 1 year of qualifying service and is carried on current membership rosters dies, regardless of whether the volunteer qualifies under the program's point system. The Act retains the current death benefit of a $5,000 payment to the volunteer's designated beneficiary when a volunteer is killed in the line of duty.
Public Facilities Bonds
House Bill 395 (Ch. 91) authorizes the Charles County Commissioners to issue $2 million in general obligation bonds to improve the Charles County Nursing Home. While the county owns the home, an independent board oversees its operations. The facility will be modernized and dementia and Alzheimer services will be added. The date of maturity may not exceed 30 years.
DORCHESTER COUNTY
Compensation of Board of Elections
Senate Bill 542 (passed) increases the minimum salaries of the members of the Dorchester County Board of Elections from $2,500 to $3,000 for each regular member. The salary increase would take effect at the beginning of the next term of office following June 1, 1999, the effective date of the bill.
Hotel Rental Tax
House Bill 153 (passed) increases the maximum hotel rental tax rate that the County Commissioners of Dorchester County may set from 4% to 5%. The County is required under the bill to distribute 80% of the revenues attributable to a hotel within a municipal corporation in the County to that municipal corporation. The balance of hotel rental tax revenues are to be credited to the County's general fund.
FREDERICK COUNTY
Borrowing Authority
Senate Bill 646 (passed) increases from $2.5 million to $5 million the amount that the Frederick County Commissioners may borrow, on promissory notes, in a fiscal year to pay expenses or obligations of the county. The prior limit was enacted by the General Assembly for the county in the 1960's.
Senate Bill 645 (passed) authorizes the Frederick County Commissioners to issue up to $90 million in general obligation bonds for construction and reconstruction of capital projects. The date of maturity cannot exceed 30 years.
Commission for Women
In 1992, the Frederick County Commissioners created the Commission for Women. Senate Bill 644 (passed) establishes the commission under State law. The County Commissioners are to appoint the members of the Commission for Women.
Procurement
Senate Bill 199 (passed) increases the threshold from $15,000 to $30,000 above which Frederick County is required to provide competitive bidding for the issuance of contracts relating to county work, supplies and materials. The bill also increases the threshold from $15,000 to $30,000 for awarding to architectural, engineering or design consultant contracts on a competitive basis.
Senate Bill 200 (passed) authorizes the County Commissioners of Frederick County to purchase or lease personal property for county operations pursuant to multiyear contracts which require installment payments over two or more years. Currently, five other counties have this authority.
Workers' Compensation Coverage for Volunteer Police Officers
Senate Bill 198 (passed) provides that a volunteer police officer of Frederick County is a covered employee while on duty for purposes of the Maryland Workers' Compensation Act. A volunteer police officer of Frederick County is entitled to medical benefits if injured while performing work assigned by the sheriff of Frederick County.
GARRETT COUNTY
Pensions for Employees of Garrett County Office for Children, Youth and Families
House Bill 517 (passed) authorizes the Garrett County Office for Children, Youth and Family to participate in the Employees' Pension System of the State Retirement and Pension System of Maryland as a participating governmental unit. The Garrett County Office for Children, Youth and Family currently participates in the Employees' Pension System through the Garrett County Community Action Committee. A recent local audit recommended that the County Office for Children, Youth, and Family, which is the county's local management board, is sufficiently separate from the action committee and should be directly responsible for its pension contributions.
Local Social Services Board
Senate Bill 667 (passed) authorizes the County Commissioners for Garrett County to increase the size of the board of the local department of social services from 9 members to no more than 13. The responsibilities of the local board are primarily in the areas of advising, advocating, and communicating. The board shares responsibility for evaluating the local director with the Department of Human Resources and the county.
HARFORD COUNTY
Repeal of Hotel Rental Tax
During the 1995 session, the General Assembly authorized Harford County to impose a hotel rental tax of up to 3%. The county does not currently assess this tax. House Bill 203 (passed) repeals Harford County's authority to impose the hotel rental tax.
HOWARD COUNTY
Practice of Law by Orphan's Court Judges
House Bill 1081 (Ch. 115) allows an attorney who serves as a judge of the Orphans' Court for Howard County to practice law in connection with matters that are outside the jurisdiction of the orphans' court and unrelated to the administration of an estate or guardianship.
KENT COUNTY
Compensation of Board of Elections
Senate Bill 542 (passed) increases the minimum salaries for the Kent County Board of Elections from $1,250 to $1,500 for the president and from $1,000 to $1,500 for other regular members of the board. Additionally, substitute members shall be paid at least $50 for each meeting that the substitute attends. The salary increase would take effect at the beginning of the next term of office following June 1, 1999, the effective date of the bill.
MONTGOMERY COUNTY
Collective Bargaining for Housing Opportunities Commission
House Bill 405 (passed) provides collective bargaining rights to certain employees of the Montgomery County Housing Opportunities Commission. The legislation provides that the parties may agree to binding arbitration over disputes arising over implementation of collective bargaining agreements. Mediation and fact finding may be used in the negotiations process.
This legislation would give collective bargaining rights to the only public employees in Montgomery County who currently lack those rights. Since the commission is established by State law and is federally funded, the county government has no role in the management of the commission other than appointing the commissioners.
PRINCE GEORGE'S COUNTY
Primary and Secondary Education
In early 1998, the Prince George's County Board of Education, the Prince George's County government, and the NAACP signed a Memorandum of Understanding reaching agreements to serve as the basis for resolving the 25-year desegregation court case involving the Prince Georges County Public Schools. House Bill 831 (passed) is a response to the perceived remaining problems facing the Prince George's County Public Schools and an effort to continue to build on the restructuring of the county's public school system. For a discussion of the bill see "Education - Primary and Secondary" under Part L - "Education."
QUEEN ANNE'S COUNTY
Kent Island Citizens Oversight Committee
Dredge spoils are collected as a result of the need to periodically dredge the bottom of the major federal navigation channels of the Chesapeake Bay, including the Port of Baltimore, to ensure that these waterways are deep enough to allow the container ships which comprise a majority of the Port's business to enter and exit without scraping the bottom. The Maryland Port Administration estimates that 80 million cubic yards of dredge spoil will need to be relocated by the year 2020. House Bill 622 (passed) requires the Governor to appoint a 12-member Kent Island Citizens Oversight Committee, subject to the approval of the members of the General Assembly of the 36th district. The committee is to consult with the Maryland Port Administration regarding the redeposit of dredge spoils off the shores of Kent Island, monitor the redeposit of dredge spoils off the shores of Kent Island, and hear and respond to complaints lodged by any person affected by the redeposit of dredge spoils in the waters off Kent Island.
Carter M. Hickman District Court Building
Senate Joint Resolution 8/House Joint Resolution 7 (both passed) dedicate the Queen Anne's County District Court Building to Carter M. Hickman and express the General Assembly's profound respect for and deep gratitude to Carter M. Hickman. In 1963, Carter Hickman was elected to the House of Delegates from Queen Anne's County. During his time in the General Assembly, Delegate Hickman served as Chairman of the Capital Budget Committee; Chairman of the Administrative, Executive, and Legislative Review Committee, and Vice-Chairman of the Judiciary Committee.
SOMERSET COUNTY
Authority of County Roads Board to Sell a Public Road
House Bill 1007 (passed) allows the County Commissioners of Somerset County sitting as the County Roads Board to sell, through a private sale, property formerly used as a county road. The property is known as the roadbed of Costen Road. The County Roads Board may set the terms, conditions, and amount of consideration, if any, for the sale, and execute and acknowledge any deeds and instruments necessary to complete the sale.
ST. MARY'S COUNTY
Compensation Review Commission
House Bill 202 (Ch. 79) creates the St. Mary's County Compensation Review Commission. The Commission is to review the salaries set by law for St. Mary's County officials, review state and local laws and county procedures concerning the inclusion of benefits as part of the compensation of the County Commissioners, make recommendations to the County Commissioners concerning the compensation set by law for county officials, and make a special recommendation concerning the inclusion of benefits as part of the County Commissioners compensation. The Commission is required to complete its review by December 1, 2000 and by December 1 every fourth year thereafter.
Public Facilities Bonds
House Bill 358 (Ch. 86) authorizes the County Commissioners of St. Mary's County to issue up to $25 million in general obligation bonds to finance construction, improvement, or development of public buildings and facilities and public works projects. The date of maturity cannot exceed 30 years.
TALBOT COUNTY
Property Tax Credit for Real Property Owned or Occupied by County Businesses
Senate Bill 708/House Bill 1096 (both passed) authorize Talbot County to grant, by law, a property tax credit against the county property tax imposed on real property that is owned or occupied by a commercial or industrial business that currently is or will be doing business in Talbot County, and new construction or a substantial improvement to the real property. The county may set, by law, the amount, terms, scope, and duration of the credit granted.
WASHINGTON COUNTY
Administrative Adjustments of Zoning Requirements
House Bill 661 (passed) authorizes the County Commissioners of Washington County to allow the county planning director or another designee to grant administrative adjustments from height, setback, bulk, parking, loading, dimensional, area, or similar requirements under the zoning ordinance. If the County Commissioners elect to delegate that authority, the bill requires that the County Commissioners adopt criteria and procedures concerning administrative adjustments after consulting with the county's planning commission and board of appeals.
Borrowing Authority
House Bill 933 (Ch. 110) authorizes the Washington County Commissioners to issue up to $50 million in general obligation bonds for construction, improvement, or development of public buildings and facilities and public works projects. The date of maturity cannot exceed 30 years.
House Bill 663 (passed) allows the Washington County Commissioners to borrow on the credit of the county, on promissory notes, up to $5 million in any one fiscal year without specific legislative approval.
Home Builder Licensing
House Bill 961 (passed) authorizes the County Commissioners of Washington County to adopt a licensing scheme for home builders. The County Commissioners may set a license fee and require an applicant or licensee to provide a performance bond.
Right to Farm
Washington County joins several other rural counties in protecting farming operations against nuisance suits in areas where agriculture and suburban development sometimes conflict. House Bill 675 (passed) authorizes the County Commissioners of Washington County, after a public hearing, to adopt an ordinance or regulation, or take any other action that the County Commissioners consider necessary, to protect a person's right to farm or engage in agricultural or forestry operations. Similar legislation has been enacted for Calvert, Caroline, Carroll, Dorchester, Frederick, and Somerset counties.
WICOMICO COUNTY
Gaming Requirements and Guidelines
House Bill 944 (passed) expands the range of organizations eligible to be issued gaming licenses in Wicomico County to include nonprofit organizations that qualify for tax-exempt status under § 501(c)(3), (4), or (10) of the Internal Revenue Code. The bill imposes requirements that the organizations be located in Wicomico County for at least 5 years before the application for the license is submitted to the Sheriff.
Property Tax Credit for Agricultural Land and Easements
House Bill 1020 (passed) authorizes the County Council of Wicomico County to grant a property tax credit against the county property tax imposed on agricultural land and agricultural easement within an agricultural preservation district. The credit may not extend to any improvement on the property.
WORCESTER COUNTY
Borrowing Limit of Liquor Control Board
House Bill 510 (Ch. 97) increases to $1,000,000 the maximum aggregate amount of money that the Worcester County Liquor Control Board may borrow from, or be advanced by, a banking institution. Under current law, the limit is $500,000.