In this subtitle the following words have the meanings indicated. “Code home rule” means a form of county government organized under Article XI–F of the Maryland Constitution. “Public local law” has the meaning stated in Article XI–F, § 1 of the Maryland Constitution. “Voter” means an individual who is registered to vote under Title 3, Subtitle 1 of the Election Law Article.

There are four classes of code counties, based on the geographic region of the State where the county is located. The geographic regions of the State are: Central Maryland, consisting of Anne Arundel County, Baltimore City, Baltimore County, Carroll County, Frederick County, Harford County, Howard County, Montgomery County, and Prince George’s County; Eastern Shore, consisting of Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County; Southern Maryland, consisting of Calvert County, Charles County, and St. Mary’s County; and Western Maryland, consisting of Allegany County, Garrett County, and Washington County. Unless limited to one or more classes listed in this section, a public general law enacted by the General Assembly that applies to code counties applies to each code county, regardless of class.

The county commissioners of each county may adopt code home rule subject to approval at referendum by the voters of the county.

If the county commissioners decide to formally consider adopting code home rule, the county commissioners shall: hold at least two public hearings in the county on the proposal; and publish notice of the date, time, and place of each public hearing in at least one newspaper of general circulation in the county: at least three times; at weekly intervals; and in a period of not more than 30 days before the first public hearing. At the hearings, the residents and taxpayers of the county shall be given the opportunity to be heard on the proposal to adopt code home rule.

Within 60 days after the last public hearing, the county commissioners shall decide whether to adopt code home rule. To adopt code home rule, the county commissioners shall adopt a resolution by at least a two–thirds majority of all the individuals elected to the board of county commissioners. The resolution shall state that, subject to approval at referendum, the county shall operate under Article XI–F of the Maryland Constitution. The county commissioners shall send a certified copy of the resolution to the county board of elections.

The county board of elections shall submit the question of code home rule to the voters of the county for their adoption or rejection: at the next regular congressional election; and in accordance with the requirements of the Election Law Article as to time, notice, and form. The ballot shall contain the words “For Adoption of Code Home Rule” and “Against Adoption of Code Home Rule”. Within 10 days after receiving a certification of the vote on the referendum from the county board of elections: if a majority of those who voted on the question voted in favor of adoption of code home rule: the county commissioners publicly shall so proclaim; and on the 30th day after the public proclamation, the county shall become a code county; or if less than a majority of those who voted on the question voted in favor of adoption of code home rule: the county commissioners publicly shall so proclaim; and the proclamation shall state that the proposal to adopt code home rule is not approved. After the adoption or rejection of code home rule, the county commissioners promptly shall send notification as follows: five copies to the Department of Legislative Services; one copy to the Secretary of State; one copy to the State Archives; and one copy to the Maryland Thurgood Marshall State Law Library.

A code county may return to its form of government before the adoption of code home rule by following the same procedure required by this subtitle for the adoption of code home rule.

Each code county shall proceed in accordance with this subtitle to exercise the powers to enact public local laws.

By public local law, the county commissioners of a code county shall establish a specified number of days, not exceeding 45 days, in each year on which the county commissioners may meet to enact public local laws. Legislative days: need not be consecutive; and may be designated by public local law. If a legislative day is not specified or not determinable by public local law, the county commissioners shall publish notice of the legislative day in a newspaper of general circulation in the code county between 3 and 14 days before the legislative day. The first legislative session of a code county shall: begin on the first business day 60 days after the effective date of code home rule; and be 15 days long. The 15 days of the first legislative session do not count as part of the annual 45 legislative days. Each legislative session shall be open to the public.

Each public local law of a code county shall be passed by original bill. The style of the enacting clause for each bill shall be “Be it enacted by …”. Each public local law enacted shall embrace only one subject, which shall be described in the title of the bill. A public local law may not be repealed or amended by reference to its title only.

A county commissioner of a code county may introduce a bill on any legislative day. Not later than the next day after the introduction of a bill, the presiding officer of the county commissioners shall schedule a public hearing on the bill. A bill may be rejected after its introduction without a hearing by a vote of at least two–thirds of the total membership of the county commissioners. Except as provided in subparagraph (ii) of this paragraph, the public hearing on a bill shall be held not less than 7 days after introduction of the bill. For an emergency bill, the public hearing shall be held not less than 3 days after introduction of the emergency bill. The public hearing on a bill: need not be held on a legislative day; and may be adjourned from time to time. After the introduction of a bill, a copy of the bill and notice of the date, time, and place of the hearing shall be posted: as soon as practicable; on an official bulletin board in a public place in the building in which the county commissioners usually meet; and in a manner that provides the public ready access to the copy of the bill and the notice during regular business hours. Additional copies of the bill and notice of the hearing shall be made available to the public. Each copy of a bill shall contain: the name of the county commissioner who introduced the bill; and the date the bill was introduced. An amendment proposed to a bill shall be in writing. A copy of each amendment shall be made available for inspection by the public. After a public hearing, a bill may be finally passed on a legislative day with or without amendment. Except as provided in subparagraph (ii) of this paragraph, if a bill is amended before final passage, the bill may not be passed until it is reprinted as amended. If an emergency bill is amended before final passage, the emergency bill need not be reprinted as amended. Except for an emergency bill, a bill may not be passed less than 7 days after its introduction. Except as provided in paragraph (2) of this subsection, to become a public local law, a bill shall be passed by an affirmative vote of the majority of the total membership of the county commissioners. An emergency bill shall be passed: by an affirmative vote of at least four–fifths of the total membership; or if the total membership is three members, by an affirmative vote of at least two members. The county commissioners shall keep a journal that shall be open to public inspection at all reasonable times. On final passage of a bill, the yea and nay votes shall be recorded in the journal. Each bill that passes, or a fair summary of it, shall be published: in at least one newspaper of general circulation in the county; at least three times; at weekly intervals; and within the 4–week period after passage of the bill.

Except as provided in subsection (b) of this section, a public local law enacted by the county commissioners of a code county takes effect: 45 days after it is enacted; or at a later date specified in the public local law. A public local law takes effect on the date of its passage if it is passed as an emergency bill. An emergency bill may not: abolish or create an office; change a salary, term, or duty of an officer; grant a franchise or special privilege; or create a vested right or interest.

The voters of a code county may submit to referendum, by petition, a public local law or a part of a public local law enacted under this subtitle. The referendum shall be: at the next regular congressional election unless the county commissioners, by resolution, schedule a special election; in accordance with the requirements of Title 7 of the Election Law Article as to time, notice, and form; and for adoption or rejection by a majority of those voting on the question. Subject to paragraph (2) of this subsection, a referendum petition shall: be filed with the county board of elections within 40 days after a public local law is enacted; and contain the signatures of at least 10% of the voters of the code county. If more than one–half but less than the full number of signatures required to complete a referendum petition against a public local law are filed within 40 days after the public local law is enacted, the time for the public local law to take effect and the time for filing the remainder of signatures to complete the referendum petition is extended for an additional 40 days. Subject to paragraph (2) of this subsection, a referendum petition may consist of several papers. Each paper shall: contain the full text of the public local law or part of the public local law petitioned to referendum; and have attached to it an affidavit of the individual who procured the signatures on the petition that certifies that to the best of the individual’s personal knowledge, information, and belief: each signature on the petition is genuine; and the signers are voters in the code county. The county board of elections shall verify the voter registration of each signer. Except as provided in paragraph (2) of this subsection, if a legally sufficient referendum petition on a public local law is filed with the county board of elections, the public local law does not take effect until 30 days after its approval by a majority of the voters voting on the question. An emergency law petitioned to referendum: remains in effect from its effective date notwithstanding the filing of the referendum petition; but is repealed 30 days after its rejection by a majority of the voters voting on the question.

At the end of each calendar or fiscal year, each code county shall compile a complete set of all public local laws enacted by the code county during that year. Subject to paragraph (3) of this subsection, copies of the compilation shall be: kept on permanent record at the office of the county commissioners; made available for inspection during regular business hours at the office; and provided in printed form without charge to the State Archives and the Maryland Thurgood Marshall State Law Library. Annually, each code county shall provide each member of the General Assembly representing any part of the county with: notice that a digital copy of the compilation is available on the Internet; or a printed copy of the compilation without charge. The code county may make other copies of the compilation available at a reasonable cost to any person. On or before March 1 of each year, the code county shall provide without charge four printed copies of the compilation to the Department of Legislative Services. Each code county shall provide to the Department of Legislative Services a statement that includes information on: the results of any referendum on a public local law held during the previous calendar or fiscal year; and any actual or potential pending referendum that has not been held by the end of the year.

At the end of each calendar year, the Department of Legislative Services shall ask each code county whether the county has enacted any part of its public local laws during that calendar year or its latest fiscal year. The code county promptly shall: answer the inquiry; and verify that copies of the requested enactments of public local laws already have been sent to the Department of Legislative Services. The Department of Legislative Services promptly shall certify to the Comptroller if a code county does not comply with subsection (a) of this section or § 9–314(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 code county 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 each code county that amends its code of public local laws; and publish on the General Assembly website each title, identified as a title of the laws of a code county that amends its code of public local laws, or the full text of the laws of each code county that amends its code of public local laws.