A municipality shall act in accordance with this subtitle in exercising the powers to amend its municipal charter that are granted under Article XI–E of the Maryland Constitution.

An amendment to a municipal charter may be initiated by: the legislative body of the municipality as provided in § 4–304 of this subtitle; or a petition of the qualified voters of the municipality as provided in § 4–305 of this subtitle.

In conformity with the requirement imposed on the General Assembly under Article III, § 29 of the Maryland Constitution: a resolution or petition to amend a municipal charter shall contain the exact text of the proposed charter amendment, prepared so that each provision is shown as the provision would read when amended or enacted; except as provided in subsection (e)(2) of this section, a provision of a municipal charter may not be amended by reference to its title or citation only; and a municipal charter amendment shall: embrace one subject only; and describe the subject in its title. A proposed amendment shall identify the provision to be amended by citing the code or other publication or amendment in which the most recent text of the provision appears. Proposed amendments shall be in a consecutively numbered series. A proposed amendment shall provide specifically for the repeal of a provision of the municipal charter that is inconsistent with the amended provision. In a proposal to amend a municipal charter: each addition shall be underscored, italicized, or shown in capital letters; subject to paragraph (2) of this subsection, each provision to be repealed shall be enclosed in double parentheses or boldface brackets; and each new section shall be underscored, italicized, or shown in capital letters or contain some marginal or other notation to that effect. Each entire section to be repealed need not be written out in full and enclosed in double parentheses or boldface brackets.

The legislative body of a municipality may initiate a proposed amendment to the municipal charter by a resolution that, except as otherwise provided in this subtitle, is adopted in the same manner as other resolutions in the municipality by a majority of all the individuals elected to the legislative body. Before adopting a resolution initiated by the legislative body of a municipality that proposes an amendment to the municipal charter, the legislative body shall: hold a public hearing on the proposed amendment; and give at least 21 days’ advance notice of the public hearing. The chief executive officer of the municipality shall give notice of the resolution that proposes an amendment to the municipal charter by: posting an exact copy of the resolution at the main municipal building or other public place for the 40 days after the resolution is adopted; and publishing a fair summary of the proposed amendment in a newspaper of general circulation in the municipality: at least four times; at weekly intervals; and within the 40 days after the resolution is adopted; or publishing a fair summary of the proposed amendment in a newspaper of general circulation in the municipality at least once; and delivering a copy of a fair summary of the proposed charter amendment either by hand or by mail once to every residence in the municipality. The delivery required under paragraph (1)(ii)2B of this subsection may be accomplished by including a fair summary of the proposed charter amendment in a printed newsletter or any other regular municipal publication. The municipality delivering a copy of a fair summary under paragraph (1)(ii)2B of this subsection shall: maintain a record of or a copy of the receipt for the delivery under the records retention and document disposal schedule of the municipality; and make the record or copy available to the general public in accordance with the Maryland Public Information Act. Unless a petition meeting the requirements of subsection (d) of this section is presented to the legislative body of a municipality on or before the 40th day after the legislative body adopts a charter amendment resolution, the amendment shall take effect as a part of the municipal charter on the 50th day after the resolution is adopted. A petition for a referendum on a proposed charter amendment shall: be signed by at least 20% of the qualified voters for the municipal general election; and request that the proposed amendment be submitted to referendum of the qualified voters of the municipality. Each individual signing the petition shall indicate on the petition the individual’s name and residence address. The petition shall be delivered to the legislative body of the municipality by: presentment; or certified mail, return receipt requested. On receiving the petition, the legislative body shall verify that each individual who signed the petition is a qualified voter for the municipal general election. The petition has no effect if it is signed by less than 20% of the qualified voters for the municipal general election. If the petition complies with this section, the legislative body shall specify by resolution adopted in accordance with its normal legislative procedure: the day and hours for the referendum; and the exact text that is to be placed on the ballot. The legislative body may schedule the referendum for the next regular municipal general election or at a special election. If the legislative body schedules a special election, it shall be held not less than 40 days or more than 60 days after the resolution scheduling the referendum is adopted.

By a petition presented to the legislative body of a municipality, at least 20% of the qualified voters for the municipal general election may initiate a proposed amendment to the municipal charter. Each individual signing the petition shall indicate on the petition the individual’s name and residence address. On receiving the petition, the legislative body shall verify that each individual who signed the petition is a qualified voter for the municipal general election. The petition has no effect if it is signed by less than 20% of the qualified voters for the municipal general election. Before voting on the proposed amendment initiated by the petition presented under subsection (a) of this section, the legislative body shall: hold a public hearing on the proposed amendment; and give at least 21 days’ advance notice of the public hearing. If the legislative body approves of the amendment in the petition presented under subsection (a) of this section, the legislative body may adopt the proposed amendment by resolution and proceed in the same manner as if the amendment had been initiated by the legislative body and in compliance with §§ 4–303(a) and 4–304 of this subtitle. Except as provided in subsection (c) of this section, if the petition complies with this section, the legislative body, no later than 60 days after the petition is presented to the legislative body, shall specify by resolution adopted in accordance with its normal legislative procedure: the day and hours for the referendum; and the exact text that is to be placed on the ballot. The legislative body may schedule the referendum for the next regular municipal general election or at a special election. If the legislative body schedules a special election, it shall be held not less than 40 days or more than 60 days after the resolution scheduling the referendum is adopted. The chief executive officer of the municipality shall give notice of a submission of a proposed charter amendment by: posting an exact copy of the proposed amendment at the main municipal building or other public place for at least 40 days immediately preceding the referendum at which the question is to be submitted; and on the day of the referendum, posting a similar copy at the place for voting; and publishing notice of the referendum and a fair summary of the proposed amendment in a newspaper of general circulation in the municipality at least once in each of the 4 weeks immediately preceding the referendum; or publishing a fair summary of the proposed amendment in a newspaper of general circulation in the municipality at least once; and delivering a copy of a fair summary of the proposed charter amendment either by hand or by mail to every residence in the municipality. The delivery required under paragraph (1)(ii)2B of this subsection may be accomplished by including a fair summary of the proposed charter amendment in a printed newsletter or any other regular municipal publication. The municipality delivering a copy of a fair summary under paragraph (1)(ii)2B of this subsection shall: maintain a record of or a copy of the receipt for the delivery under the records retention and document disposal schedule of the municipality; and make the record or copy available to the general public in accordance with the Maryland Public Information Act.

After a resolution is adopted by the legislative body or after its submission in a petition, a proposal to amend a municipal charter may not be rescinded in any manner except by another charter amendment.

On the day and during the hours specified in the resolution for a referendum, the charter amendment shall be submitted to the qualified voters. Except as otherwise provided in this subtitle, the referendum shall be conducted generally according to the procedures for regular municipal elections. The official who conducts the regular municipal election shall perform the same duties for the referendum. The municipality shall pay for the referendum. Promptly after the canvas is complete, the official who conducts the referendum shall certify the results to the chief executive officer of the municipality. Within 10 days after receiving the certification: if a majority of those who voted on the question voted for the proposed charter amendment: the chief executive officer of the municipality publicly shall so proclaim; and on the 30th day after the public proclamation, the charter amendment shall become part of the municipal charter; or if less than a majority of those who voted on the question voted for the proposed charter amendment: the chief executive officer of the municipality publicly shall so proclaim; and the proclamation shall state that the charter amendment is not approved.

When a charter amendment becomes effective, the chief executive officer of the municipality shall send the information concerning the charter amendment to the Department of Legislative Services as provided in § 4–109 of this title.

The exact text of an amendment to a municipal charter then effective shall be included in any later edition or codification of the charter.

At the end of each calendar or fiscal year, each municipality shall compile a complete set of charter enactments of the municipality for that year. The charter enactments in the compilation shall be in a numerical sequence, beginning with No. 1, and in a separate series for each year. Subject to paragraph (2) of this subsection, copies of the compilation shall be: kept on permanent record at the offices of the chief executive officer and legislative body of the municipality; made available at those offices for inspection during regular business hours; and provided by those offices without charge. The county in which the municipality is located may make other copies of the compilation available at a reasonable cost to any person. On or before March 1 of each year, the municipality shall provide without charge copies of the compilation to the Department of Legislative Services as provided in § 4–109 of this title. Along with the compilation provided under subsection (c) of this section, the municipality shall provide to the Department of Legislative Services, as provided in § 4–109 of this title, a statement that includes information on any referendum on a proposed charter amendment.

At the end of each calendar year, the Department of Legislative Services shall ask each municipality whether any charter enactments have been adopted during that calendar year or the last fiscal year. The municipality promptly shall: answer the inquiry; and verify, by a signed and notarized statement, that copies of the charter enactments already have been sent to the Department of Legislative Services. The Department of Legislative Services promptly shall certify to the State Comptroller if a municipality does not comply with subsection (a) of this section or § 4–310(c) or (d) of this subtitle. If the Department of Legislative Services certifies noncompliance, the Comptroller may discontinue all funds, grants, or State aid that the municipality is entitled to under State law relating to: the income tax; the tax on racing; the recordation tax; the admissions and amusement tax; and license taxes or fees. The Department of Legislative Services shall: arrange in a logical and convenient order the titles or the full text of the laws of the municipalities that amend the municipal charters; and publish on the General Assembly website each title, identified as a title of the laws of the municipality, or the full text of each law of the municipalities that amends the municipal charters.

The Department of Legislative Services shall compile the charters of all municipalities into a single publication. The Department of Legislative Services shall update the compilation of municipal charters on a regular basis.

Except as provided in subsection (b) of this section, the repeal of an entire municipal charter, and the termination of the municipality, may be accomplished by a charter amendment adopted under this subtitle. The following need not contain the text of the municipal charter that is proposed for repeal and may simply state that the charter is proposed for repeal: the resolution of the legislative body of the municipality, or the petition of the qualified voters, proposing the repeal of the municipal charter; the posting and publication of the proposed repeal of the municipal charter; and the submission of the resolution proposing the repeal of the municipal charter and the favorable vote on the resolution to the Department of Legislative Services as provided in § 4–109 of this title. After a municipal charter is repealed, the charter may not be included in any later edition or codification of the public local laws of the county or State. The resolution or petition to initiate the repeal of a municipal charter may provide for the disposition of the assets of the municipality and the liquidation of any debt of the municipality. If no disposition is made in accordance with subsection (d) of this section, the county commissioners or county council of the county in which the municipality is located shall: succeed to full ownership, title, and control of the assets of the municipality after the municipal charter is repealed; and pay the debts and obligations of the municipality in accordance with the terms of the debts and obligations. While a municipal charter remains in effect, the county commissioners or county council of the county in which the municipality is located may provide, by written agreement with the municipality, when the repeal of the charter takes effect, for: the transfer of some or all of the assets of the municipality; and the assumption of some or all of the debts and obligations of the municipality. To provide the revenue necessary to pay the debts and obligations of a municipality as of the time the municipal charter is repealed, the county commissioners or county council of the county in which the municipality is located shall: establish a special tax area with the same boundaries as the former municipality; and impose a special tax or special assessment in the special tax area and collect the special tax or special assessment in the same manner as other county property taxes are collected. The proceeds of the tax or assessment shall be applied only to the debt and obligation of the former municipality. The tax or assessment shall be discontinued when all debts and obligations of the former municipality have been paid.

If the following conditions are satisfied, the Executive Director of the Department of Legislative Services promptly shall certify all the facts to the Secretary of State: a municipality fails for 3 consecutive years to file with the Department of Legislative Services a comprehensive statement of financial condition as required under § 16–103 of this article; the Executive Director of the Department of Legislative Services has reasonable cause to believe the municipality is no longer actively operating as a municipality under its charter; and the Legislative Auditor certifies that the municipality has no debts or obligations outstanding and unpaid. On receiving a certification under subsection (a) of this section, the Secretary of State shall issue a public proclamation declaring that the municipal charter is repealed under this section. The Secretary of State shall file copies of the proclamation with: the clerk of the Supreme Court of Maryland; the clerk of the circuit court of the county in which the municipality is located; and the Department of Legislative Services. The repeal of the municipal charter is effective on the first day of the month after a proclamation is issued under subsection (b) of this section. On and after the effective date of the repeal: the former municipality may not be treated as a municipality; and the repealed municipal charter may not be included in any later edition or codification of public local laws of the county in which the municipality was located or of the State. If the assets and liabilities of the former municipality have not been disposed of before a municipal charter is repealed, after the charter is repealed the county commissioners or county council of the county in which the municipality is located shall: succeed to full ownership, title, and control of the assets of the municipality; and liquidate the debt of the municipality as provided in § 4–313 of this subtitle.