# Local Government (GLG)

## Title 9. General and Administrative Provisions

### Subtitle 2. Charter Counties

#### Section 9-201

A charter county:

(1) shall have perpetual succession;

(2) may sue and be sued;

(3) may acquire and hold property, either absolutely or in trust for a public purpose;

(4) may dispose of property;

(5) may adopt a common seal; and

(6) may adopt an ordinance, a resolution, or bylaws to exercise its powers.

#### Section 9-202

When a county becomes a charter county: 

(1) all property and franchises belonging to or in the possession of the former county commissioners of the county or any county agencies are vested in the charter county as a corporation;

(2) an action against the former county commissioners of the county does not abate and is continued in the name of the charter county with the same effect as if originally brought against the charter county;

(3) all liabilities, obligations, contracts, claims, and demands, accrued or to accrue, of the former county commissioners of the county are the liabilities, obligations, contracts, claims, and demands of the charter county; and

(4) a criminal proceeding is not affected by the adoption of the charter and shall be prosecuted under the law in effect at the time of the crime.

#### Section 9-203

After the adoption or rejection of charter home rule, a county promptly shall notify and provide copies of the adopted or rejected charter to the following:

(1) five copies to the Department of Legislative Services;

(2) one copy to the Secretary of State;

(3) one copy to the State Archives; and

(4) one copy to the Maryland Thurgood Marshall State Law Library.

#### Section 9-204

(a) Members of the county council of a charter county shall be elected as provided in Article XI-A, Sec. 3A of the Maryland Constitution.

(b) A county charter may require that a specified number of members of the county council shall:

  (1) reside in specified districts in the charter county; but

  (2) be elected by the voters of the entire county.

#### Section 9-205

(a)

  (1) The voters of a charter county may reserve in the charter the power of referendum by which they may submit a local law enacted by the county council, by petition, to the voters for approval or rejection.

  (2) The charter shall specify:

    (i) what types of local laws may be petitioned to referendum; and

    (ii) whether a part of a local law may be petitioned to referendum.

(b)

  (1) Subject to paragraph (2) of this subsection, in implementing procedures that relate to the power of referendum, the charter or the local laws shall provide adequate details as to time, notice, and form.

  (2) The initial notice of a referendum vote shall be given at least 30 days before the election.

#### Section 9-206

(a)

  (1) At the end of each calendar or fiscal year, each charter county shall compile a complete set of all local laws enacted during that year under the Express Powers Act, Title 10 of this article.

  (2) The laws in the compilation shall be in numerical order, beginning with No. 1, and in a separate series for each year.

(b)

  (1) Subject to paragraph (3) of this subsection, copies of the compilation shall be:

    (i) kept on permanent record at the office of the county council, county executive, or county manager;

    (ii) made available for inspection during regular business hours at that office; and

    (iii) provided in printed form without charge to the State Archives and the Maryland Thurgood Marshall State Law Library.

  (2) Annually, each charter county shall provide each member of the General Assembly representing any part of the county with:

    (i) notice that a digital copy of the compilation is available on the Internet; or

    (ii) a printed copy of the compilation without charge.

  (3) The charter county may make other copies of the compilation available at a reasonable cost to any person.

(c) On or before March 1 of each year, the charter county shall provide without charge four printed copies of the compilation to the Department of Legislative Services.

(d) Each charter county shall provide to the Department of Legislative Services a statement that includes information on:

  (1) the results of any referendum on a proposed local law held during the year; and

  (2) any actual or potential pending referendum that had not been held by the end of the year.

#### Section 9-207

(a)

  (1) At the end of each calendar year, the Department of Legislative Services shall ask each charter county whether the county has enacted any part of its local laws under the Express Powers Act, Title 10 of this article, during that calendar year or its latest fiscal year.

  (2) The charter county promptly shall:

    (i) answer the inquiry; and

    (ii) verify that copies of the requested enactments of local laws have already been sent to the Department of Legislative Services.

(b)

  (1) The Department of Legislative Services promptly shall certify to the Comptroller if a charter county does not comply with subsection (a) of this section or Sec. 9-206(c) or (d) of this subtitle.

  (2) If the Department of Legislative Services certifies noncompliance, the Comptroller may discontinue all funds, grants, or State aid that the charter county is entitled to under State law relating to:

    (i) the income tax;

    (ii) the tax on racing;

    (iii) the recordation tax;

    (iv) the admissions and amusement tax; and

    (v) license taxes or fees.

(c) The Department of Legislative Services shall:

  (1) arrange in a logical and convenient order the titles or the full text of the laws of each charter county that amends its county code; and

  (2) publish on the General Assembly website each title, identified as a title of the laws of a charter county that amends its county code, or the full text of the laws of each charter county that amends its county code.

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Md. Code Ann., Local Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)
