(a) (1) The county commissioners of each county in this State, in addition to,
but not in substitution of, the powers which have been or may be
granted them, have the following express powers.
(2) (i) The following counties are excepted from these express powers.
(ii) Anne Arundel County; included, however, in subsections (t)(3) and
(t-1);
(iii) Baltimore County; included, however, in subsection (t)(3);
(iv) Cecil County; included, however, in subsections (g), (l), (s-1), and
(t)(3) and (t-1);
(v) Howard County; included, however, in subsections (t)(3) and (t-1);
(vi) Prince George's County; included, however, in subsection (t)(3) and in
subsection (t-1) except to the extent that an area is under the WSSC;
(vii) Queen Anne's County; included, however, in subsections (f), (s)(3),
(s-1), (t)(3), (t-1) and (ii);
(viii) Worcester County; included, however, in subsections (l), (s)(2),
(t)(3), (t-1), (x), (x-1), (x-2), and (y).
(b) Repealed.
(c) To grant franchises as provided under existing public general or public
local laws.
(d) (1) To provide for the appointment and removal of all county officers and
employees except those people whose appointment or election is provided
for by the Constitution or public general or public local laws.
(2) (i) Notwithstanding any other provision of law, in Charles County, persons
appointed to boards and commissions by the County Commissioners may not
serve more than 2 consecutive full terms.
(ii) The limitation imposed by this paragraph shall not apply if the County
Commissioners determine that there is no qualified person to replace an
incumbent who is disqualified under this paragraph.
(e) Subject to any restriction or provision imposed by public general or
public local laws, to fix and prescribe the salary or compensation of
all appointed officers and employees of the county incurred in the
performance of their official duties.
(f) To establish a merit system in connection with the appointment of all
county officials and employees not elected or appointed under the
Constitution or public general laws of the State. This subsection shall
be applicable in Dorchester, Somerset, and Queen Anne's counties. In
Dorchester County, the County Commissioners additionally shall have the
power and authority to include in the county's merit system the
employees of the Dorchester County liquor control board, the Dorchester
County Sheriff's department, and the Dorchester County Sanitary
District. In Queen Anne's County, the County Commissioners may include
in the county's merit system the employees of the Queen Anne's County
Sheriff's department. In Somerset County, the County Commissioners
additionally shall have the power and authority to include in the
county's merit system the employees of the Somerset County Sheriff's
department.
The County Commissioners of Garrett County shall institute a
merit system for all county employees pursuant to the final reports and
recommendations of the merit system commission and governmental study
commission of Garrett County, the system to be effective as of January
1, 1972.
(g) To establish and maintain a general system of pensions and retirement
and group insurance for the benefit and advantage of its officers and
employees, with necessary classifications and terms of admissions. This
subsection shall be applicable in Kent County and Dorchester County and
the County Commissioners shall have the powers provided herein. In
Charles and Kent counties the County Commissioners also shall have the
authority to make special provisions for retirement funds for employees
who reach retirement age prior to the origination of a retirement
system. In Dorchester County the County Commissioners may include the
employees of the Dorchester County liquor control board and the
Dorchester County Sheriff's department in any pensions, retirement or
group insurance program established and maintained by the county. In
Kent County the County Commissioners may include any official or
employee of the Kent County Sheriff's department in any pension,
retirement or group insurance program established and maintained by
Kent County.
(g-1) (1) (i) In Charles County the County Commissioners shall establish a separate
pension plan for the Charles County Sheriff's department which may
include the Sheriff and shall include each sworn employee of the
Sheriff's department who is actively engaged in law enforcement.
(ii) The pension plan shall provide eligibility for retirement after 30
years of active service regardless of age, and for early retirement
after 20 years of active service reduced by 2 percent for each year
less than 30. Retirement income shall be 80 percent of final average
earnings (base salary) for the three highest years preceding
retirement, with a minimum of 20 years and 60 percent of the annual
earnings.
(iii) The plan shall be retroactive to include all sworn officers who are
currently employed by the Charles County Sheriff's department and who
have been working in law enforcement within the department on or before
June 30, 1986. For each of the sworn officers included in this plan,
the plan shall apply back to the original date of employment of the
sworn officer.
(iv) The plan shall contain disability provisions and death benefits for
spouse and/or minor children.
(v) An employee's contribution may not exceed 8 percent of wages not in
excess of the amount of wages (base salary).
(vi) There shall be a cost-of-living adjustment and a provision for a cash
refund of contributions, plus interest for persons terminating
employment.
(vii) There shall be a provision for credit of 2 percent for each year of
active duty in the armed forces of the United States, for up to 3 years
of active duty, to be added to the employee's retirement after
reaching minimum retirement.
(viii) This pension plan shall become effective on July 1, 1995.
(2) (i) In Charles County the County Commissioners shall establish a separate
pension plan for the employees of the Charles County Sheriff's
department. The plan may include the Sheriff and shall include all
sworn employees of the Sheriff's department who were hired on or after
July 1, 1986, and who are actively engaged in law enforcement.
(ii) The pension plan shall provide eligibility for retirement after 30
years of active service regardless of age, and for early retirement
after 25 years of active service reduced by 2 percent for each year
less than 30. Retirement income shall be 80 percent of final average
earnings (base salary) for the 3 highest years preceding retirement,
with a minimum of 25 years and 70 percent of the annual earnings.
(iii) The plan shall be retroactive in that it may include any living person
who is working in law enforcement on July 1, 1986, and shall apply back
to the date of that employment.
(iv) The plan shall contain disability provisions and death benefits for
spouse and minor children.
(v) An employee's contribution may not exceed 8 percent of wages (base
salary).
(vi) There shall be a cost of living adjustment and a provision for a cash
refund of contribution, plus interest, for persons terminating
employment.
(vii) There shall be a provision for credit of 2 percent for each year of
active duty in the armed forces of the United States, for up to 3 years
of active duty, to be added to the employee's retirement after
reaching minimum retirement.
(viii) This pension plan shall also provide for early retirement after 20
years of service. This provision for early retirement shall contain
charges for retiring early. The retirement income shall be reduced
actuarially depending on age for each year less than 25 years of
service. The early retirement provision in paragraph (2) of this
subsection shall be approved by the governing body of Charles County
before the provision may be implemented.
(ix) This pension plan shall become effective on July 1, 1995.
(3) (i) In Charles County, the County Commissioners shall establish a separate
pension plan for the employees of the Charles County Sheriff's
department who are classified as correctional officers.
(ii) The pension plan shall provide eligibility for retirement after 25
years of active service regardless of age, and for early retirement
after 20 years of active service reduced actuarially depending on age
for each year less than 25 years of service. The early retirement
provision in this paragraph shall be approved by the governing body of
Charles County before the provision may be implemented. Retirement
income shall be 2.25 percent for each year of credited service not to
exceed a maximum benefit of 75 percent of final average earnings (base
salary) for the 3 highest years preceding retirement.
(iii) The plan shall be retroactive in that it may include any living person
who is working as a correctional officer on July 1, 1995, and shall
apply back to the date of that employment.
(iv) The plan shall contain disability provisions and death benefits for
spouse and minor children.
(v) An employee's contribution may not exceed 7 percent of wages (base
salary).
(vi) There shall be a cost-of-living adjustment and a provision for a cash
refund of contribution for persons terminating employment.
(vii) There shall be a provision for credit for each year of active duty in
the armed forces of the United States, for up to 3 years of active
duty, to be added to the employee's retirement after reaching minimum
retirement.
(viii) This pension plan shall become effective on July 1, 1995.
(4) (i) In Charles County, the County Commissioners shall establish a separate
pension plan for the employees of the county who are classified as
communications employees.
(ii) The pension plan shall provide eligibility for retirement after 25
years of active service regardless of age, and for early retirement
after 20 years of active service reduced actuarially depending on age
for each year less than 25 years of service. The early retirement
provision in this paragraph shall be approved by the governing body of
Charles County before the provision may be implemented. Retirement
income shall be 2 percent for each year of credited service not to
exceed a maximum benefit of 75 percent of final average earnings (base
salary) for the 3 highest years preceding retirement.
(iii) The plan shall be retroactive in that it may include any living person
who is working as a communications employee on July 1, 1995, and shall
apply back to the date of that employment.
(iv) The plan shall contain disability provisions and death benefits for
spouse and minor children.
(v) An employee's contribution may not exceed 7 percent of wages (base
salary).
(vi) There shall be a cost-of-living adjustment and a provision for a cash
refund of contribution for persons terminating employment.
(vii) There shall be a provision for credit for each year of active duty in
the armed forces of the United States, for up to 3 years of active
duty, to be added to the employee's retirement after reaching minimum
retirement.
(viii) This pension plan shall become effective on July 1, 1995.
(g-2) (1) In St. Mary's County, the County Commissioners may adopt a separate
plan of pension benefits or may supplement existing plans for any one
or more of the following classes of employees:
(i) Sheriff;
(ii) Deputy sheriffs; and
(iii) Correctional guards.
(2) The County Commissioners by resolution may provide for the provisions
of the pension plan or supplement to existing plans.
(3) The County Commissioners shall provide for the funding that is required
to implement and support any action taken pursuant to the provisions of
this subsection.
(g-3) In Garrett County the County Commissioners may provide group health and
hospital insurance benefits and a pension and retirement benefit plan
for county officers and employees. The County Commissioners also may
provide group health and hospital insurance benefits for retired county
officers and employees.
(g-4) Boards of county commissioners may enter into joint pooling agreements
with public entities, as defined in § 19-602 of the Insurance
Article, for the purpose of purchasing casualty, property, or health
insurance or, in accordance with other provisions of law,
self-insuring casualty, property, or health risks.
(h) To provide for the prompt collection of all taxes due the county by
authorizing discounts or imposing penalties.
(i) To license and regulate the construction, operation and location of
trailers and tourist camps outside the limits of incorporated towns and
cities.
(j) To provide for county advertising, printing and publishing of all laws,
ordinances, resolutions or regulations, adopted by the county
commissioners and the annual statements of receipts and expenditures of
the county; provided, however, that the said commissioners shall
appoint an auditor or accountant within thirty days after the close of
the fiscal year to audit the books and accounts of all county officers
collecting, holding or disbursing funds belonging to the county and
shall publish or advertise the report of said auditor or accountant
immediately after its completion to the extent that the said
commissioners may deem proper.
(k) To provide for proof of all claims against the county before payment.
(l) (1) (i) To provide for competitive bidding for any county work and the making
and awarding of contracts for the purchase of materials and supplies in
excess of $15,000 and to require bonds in connection with the work or
contracts, regardless of the amount, whenever the county commissioners
consider it proper to require a bond; and if no bids are submitted in
response to any request for bids, to place the order in a manner that
the county commissioners consider appropriate.
(ii) In Frederick County, to provide for competitive bidding for any county
work and the making and awarding of contracts for the purchase of
materials and supplies in excess of $30,000 and to require bonds in
connection with the work or contracts, regardless of the amount,
whenever the County Commissioners consider it proper to require a bond;
and if no bids are submitted in response to any request for bids, to
place the order in a manner that the County Commissioners consider
appropriate.
(2) The provisions of paragraph (1)(i) of this subsection are not
applicable in Somerset County with regard solely to contracting for the
services of an architectural and/or engineering firm for design and/or
consultation purposes. With regard to contracting for other county work
these provisions are applicable.
(3) The provisions of paragraph (1)(ii) of this subsection are not
applicable in Frederick County with regard solely to contracting for
the services of an architectural, engineering, or consultant firm for
design or consultation purposes. In Frederick County, contracts for
architectural and engineering services costing more than $30,000, shall
be awarded on a competitive basis which shall consist of either sealed
competitive bids or competitive negotiation. "Competitive
negotiation" means a process that includes the submission of written
technical and price proposals from two or more sources and a written
evaluation of those proposals in accordance with evaluation criteria.
(4) The provisions of paragraph (1)(i) of this subsection are not
applicable in Charles County with regard to contracting for any
professional services.
(l-1) (1) Notwithstanding any other provision of law and subject to paragraphs
(2) and (3) of this subsection, in Somerset County the County
Commissioners may enter into lease purchase agreements and related
financing agreements to obtain personal or real property for any public
purpose in the county.
(2) The County Commissioners may enter into a lease purchase agreement
under this subsection only after advertising for bids in at least 2
newspapers of general circulation in the county.
(3) A multiyear lease purchase agreement or related financing agreement
shall be subject to cancellation by the County Commissioners at the end
of a fiscal year if sufficient money is not appropriated to fund the
agreement in the subsequent year.
(l-2) (1) In Calvert County, the Board of County Commissioners may charge a fee
for the issuance of tax exempt private activity bonds.
(2) The Board shall dedicate the proceeds of the fee to the Economic
Development Loan Fund of the county.
(m) To provide for the recording and indexing of all records in the office
of the clerk of the court, register of wills and county commissioners
and other officers to the extent that such matters are not provided for
by general law.
(n) To prevent and remove nuisances; to prevent the introduction of
contagious diseases into the county; to approve the location for the
manufacturing of soap and fertilizer; to approve the location of
slaughterhouses, packinghouses, and all places which may involve or
give rise to unsanitary conditions or conditions detrimental to health.
However, the provisions of this subsection may not be construed to
affect in any manner any of the powers and duties of either the
Secretary of Health and Mental Hygiene or the Secretary of the
Environment, or any public general law relating to the subject of
health. This subsection also shall be applicable in Dorchester County
and the County Commissioners shall have the powers provided in this
section.
(o) (1) To provide for grading, paving, regrading, repaving, curbing,
recurbing, or repairing any road or sidewalk now or hereafter
condemned, ceded, opened, widened, extended or straightened as public
property and for levying for the cost thereof on the assessable basis
of the county or providing for the payment of the cost thereof from the
county's share of the State motor fuel tax; and to provide for
establishing the office of county roads engineer, and defining the
duties and powers thereof.
(2) In Charles County, the powers of the County Commissioners concerning
the construction, reconstruction, and maintenance of county public
roads, insofar as not governed by the provisions of Title 8 of the
Transportation Article, are controlled by the provisions of §§ 104-1
through 104-8 of the Code of Public Local Laws of Charles County, as
amended from time to time, and not by the provisions of this
subsection.
(3) In Somerset County, the County Commissioners may grade, pave, regrade,
repave, curb, recurb, repair, or reconstruct any private road that has
been used by the public for 20 years or more.
(4) In Talbot County, the County Council may grade, regrade, fill, repair,
and reconstruct any private dirt or gravel road which was being
maintained when the county roads ordinance was adopted in November,
1975.
(p) To fix the allowance or compensation to the sheriff or other person for
boarding and keeping prisoners in the county jail.
(q) To provide for the appointment of county police and to prescribe their
duties and fix their compensation, but said commissioners may appoint a
special commission or commissioner to be in charge of said county
police. The provisions of this subsection shall not be applicable in
Charles and Wicomico counties.
(r) An act, ordinance, or resolution may not be adopted by the county
commissioners, under the powers conferred by this section, until ten
days after a public hearing has been held on the proposed act,
ordinance, or resolution. Prior notice of the public hearing, together
with a fair summary of the proposed act, ordinance, or resolution,
shall be published in at least one newspaper of general circulation in
the county once each week for two successive weeks. This subsection is
not applicable to: (1) an administrative act or resolution adopted by
the county commissioners of Dorchester, Frederick, Somerset, or St.
Mary's County; or (2) a resolution, other than a bond resolution
adopted under § 15 of Article 25B of the Code, adopted by the county
commissioners of a county that has adopted home rule powers under
Article XI-F of the Maryland Constitution. For purposes of this
subsection, "ordinance" means a permanent rule of law enacted by
the county commissioners, and "resolution" means a formal
expression of the opinion of an official body.
(s) (1) (i) In Harford, Frederick and Kent counties, the County Commissioners may
provide and prescribe regulations for the issuance of plumbing permits
to be required before any sanitary systems, plumbing and fixtures may
be installed within the county and provide any fee or charges for any
such permits and for their enforcement. The County Commissioners are
authorized to charge reasonable fees for the issuance of zoning
certificates or permits for construction of improvements to real
property.
(ii) The County Commissioners of Harford and Frederick counties shall also
have the power to adopt a plumbing code to regulate the construction of
water, sewer, drainage, and sanitary facilities with power to designate
and employ the necessary personnel to enforce the plumbing code and to
provide criminal penalties for violation thereof. In the event the
authority to adopt a plumbing code is exercised, the County
Commissioners shall appoint an advisory plumbing board, with four-year
terms of office:
1. In Harford County, the Advisory Plumbing Board shall consist of a
medical doctor, a plumber, and one other person to assist in the
drafting and promulgation of the plumbing code and its enforcement; and
2. In Frederick County, the Advisory Plumbing Board shall consist of a
person designated by the Frederick County health officer, a plumber,
and one other person to assist in the drafting and promulgation of the
plumbing code and its enforcement.
(2) (i) The County Commissioners of Kent County shall adopt, and from time to
time may amend or supplement, a building code and a housing code. The
County Commissioners of Harford, Frederick, Caroline, Calvert,
Dorchester, and Worcester counties may adopt, and from time to time may
amend, supplement, or abrogate, a building code and a housing code, or
either of such codes.
(ii) The building code shall provide and prescribe regulations for the
issuance of building permits to be required prior to the construction
or improvement of any buildings; and the code shall prescribe standards
of construction, maintenance, and repair, covering structural safety,
fire prevention requirements, lights and ventilation, and proper means
of ingress and egress. The housing code shall provide and prescribe
regulations and standards for human habitation, covering sanitation,
density of occupancy, open-space requirements, rodent infestation, and
human standards of occupancy.
(iii) A building code and a housing code, when or if adopted, and all
regulations thereunder, shall be designed to assure and protect the
public health, safety, comfort, and moral and economic welfare. They
may include provisions for enforcement, including the appointment and
maintenance of inspectors and including penalties for a violation of
either a code or the regulations thereunder.
(iv) Any building or housing code may incorporate by reference a portion or
all, if applicable, of either a building code or a housing code, as the
case may be, issued or proposed and made available for general
circulation by any governmental agency or by any trade or professional
association; but any subsequent amendment to or change in whatever is
adopted by reference shall not be effective in Harford, Frederick,
Caroline, Worcester, and Kent counties until and unless it is
specifically incorporated therein by action of the Board of County
Commissioners.
(v) Except dwellings in Calvert County on which construction is begun after
July 1, 1979, all buildings on a farm and on any premises devoted
solely to agricultural pursuits are exempt from the provisions and the
application of both building and housing codes. In Frederick County,
the exemption does not apply to any residential buildings nor to any
buildings constructed for human habitation regardless of location or
other auxiliary uses.
(3) The County Commissioners of Queen Anne's County may adopt, and from
time to time may amend, supplement or abrogate, a building code. Farm
residential buildings are included within these provisions, but other
outbuildings on a farm, such as those that house animals or farm
equipment or which are used for farm storage, are exempt from these
provisions.
(s-1) To enact local laws conditioning the acceptance of any development of
land for residential purposes approved by appropriate local authorities
upon a demonstration of compliance, acceptable to local authorities, by
the developer with the pertinent underground electric and telephone
residential service regulations, including those pertaining to
deposits, promulgated by the Public Service Commission of Maryland.
(t) (1) To make reasonable regulations in regard to buildings and signs to be
erected, constructed, or reconstructed in the county, and to grant
building permits for the same; to formulate a building code or
electrical code and to provide for inspections for and enforcement of
such codes and to require reasonable charges for permits and
inspections; to authorize and require the inspection of all buildings
and structures and to authorize the condemnation thereof as provided
under public general laws, in whole or in part, when dangerous or
insecure, and to require that such buildings and structures be made
safe or be taken down; to require the inspection and licensing of
elevators and to prohibit their use when unsafe or dangerous or without
a license. Any electrical code formulated under this section shall not
apply to electrical equipment or electrical appliances and devices used
by public utilities in furnishing their services, or to work performed
by public utilities or their affiliated companies.
(2) The powers of the County Commissioners of Charles County are controlled
by the provisions of the local laws of the county and not by the
provisions of this subsection.
(3) In accordance with the Maryland Master Electricians Act, the governing
body of a county, including the County Commissioners of Caroline,
Somerset, and Dorchester counties by ordinance may provide for the
general licensing of electricians; license and establish
classifications of electricians; define and establish duties and powers
of electrical inspectors, including permits and registrations; provide
for penalties for violation of any of these ordinances; create and
establish a Board of Electrical Examiners; and provide for, define, and
establish powers and duties of the Board of Electrical Examiners.
(4) The Board of County Commissioners of Washington County may adopt
ordinances or resolutions to license household appliance installers to
perform plumbing work incident to the installation of home appliances.
The Board may require a license fee and a performance bond before the
license is granted.
(5) The County Commissioners of Calvert County by ordinance may provide for
the adoption of an electrical code.
(t-1) In accordance with the Maryland Plumbing Act, to adopt a plumbing code
and to provide for inspection for and enforcement of the code and for
reasonable charges or permits and inspections.
(t-2) (1) Subject to paragraph (2) of this subsection, the County Commissioners
of Washington County may adopt by ordinance or resolution a licensing
scheme for:
(i) On-site utility contractors who perform plumbing work while installing
water or sewer service; and
(ii) Septic system installers who place a service line between a septic tank
and a building being served.
(2) A license issued under this section does not authorize the licensee to
do plumbing work within 5 feet from a building being served.
(3) The County Commissioners may set a license fee and may require an
applicant or licensee to provide a performance bond.
(t-3) The Board of County Commissioners of Washington County may adopt a
licensing scheme for home builders. The Board may set a license fee and
may require an applicant or licensee to provide a performance bond.
(u) To establish and maintain public parks, gardens, playgrounds, and other
recreational facilities and programs to promote the health, welfare,
and enjoyment of the inhabitants of the county. The powers of the
County Commissioners of Charles County are controlled by the provisions
of the local laws of the county and not by the provisions of this
subsection.
(v) (1) To require, regulate, or provide for the collection, removal, and
disposal of refuse, garbage, rubbish, filth, or any other matter or
thing that is or may become injurious to the health or comfort of the
inhabitants of the county, and to provide whether the expense, if any,
shall be borne by individual owners or tenants or shall be paid for in
whole or in part by the county.
(2) To license refuse collectors for hire and to make it unlawful to
collect, remove or dispose of refuse for hire without a license, to
authorize regulation of commercial refuse collectors including
provision for suspension, revocation and renewal of licenses, all to
promote the health, safety and welfare of the county; to require public
notice or hearing with the right to be represented by counsel in any
case where an applicant is denied a license. This subsection shall be
applicable in Dorchester, Somerset, and Garrett counties and the County
Commissioners shall have the powers provided herein.
(w) Repealed.
(x) To provide, maintain, and operate community and social services for the
preservation and promotion of the health, recreation, and welfare of
the inhabitants of the county. This subsection shall be applicable in
Worcester County and the County Commissioners shall have the powers
provided herein.
(x-1) The County Commissioners of Worcester County may appropriate and
contribute an amount not to exceed thirty-five thousand dollars
($35,000) to the total amount required to construct a parking lot to
serve the Convention Hall in Ocean City, Maryland.
(x-2) The County Commissioners of Worcester County are hereby authorized to
provide, maintain, operate, and make appropriations for community and
social services and projects for the preservation and promotion of the
health, recreation, economic development, and welfare of the
inhabitants of the county.
(y) To make agreements with municipalities, counties, districts, bureaus,
commissions, and governmental authorities for the joint performance of
or for cooperation in the performance of any governmental functions. To
accept gifts and grants of federal or of State funds from the federal
or State governments or any agency thereof, and to expend the same for
any lawful purpose, agreeably to the conditions under which the gifts
or grants were made. This subsection shall be applicable in Dorchester
County and Worcester County and the County Commissioners shall have the
powers provided herein.
(z) To create, change, or abolish offices and departments and to assign
additional functions to offices and departments, but not including the
power to create, change, abolish, or discontinue any office or
department or to transfer any function of an office or department
established by the Constitution, public general law or public local law
of the county.
(aa) (1) Subject to any restriction imposed by public general laws, to license
and regulate any person who conducts the business of or acts as an
itinerant or door-to-door peddler or salesman of goods, wares,
merchandise, or subscription for magazines and other periodical
publications, either by sample or otherwise; to license and regulate
public amusements when in the interest of public welfare. This
paragraph shall be applicable in Dorchester County and the County
Commissioners shall have the powers provided herein.
(2) Unless specifically prohibited in a public general law and in addition
to the licenses and regulations elsewhere provided, to license and
regulate any person who conducts the business of or acts as an
itinerant or door-to-door peddler or salesperson of goods, wares,
merchandise, or subscriptions of magazines and other periodical
publications, either by sample or otherwise; to license and regulate
any person who engages in business for less than 1 year at any single
location; to license and regulate public amusements when in the
interest of public welfare. This paragraph is applicable only to
Carroll County and the County Commissioners shall have the powers
provided in this paragraph.
(bb) The County Commissioners of Charles County are hereby authorized and
empowered to maintain a fund in the amount of forty thousand dollars
($40,000.00) to provide for the improvement of channels to make
navigable the waters of Charles County and for the construction of
breakwater and other waterway improvement projects, including mosquito
control in county waters.
(cc) In addition to other powers provided in this section, the County
Commissioners of Dorchester County shall also have the power to make
appropriations to incorporated municipalities within said county.
(dd) Including the counties excepted in subsection (a) of this section:
(1) To carry out, construct, operate, and maintain any works of improvement
for flood prevention or the conservation, development, utilization and
disposal of water in watershed or subwatershed areas qualifying for
federal assistance under the provisions of the Watershed Protection and
Flood Prevention Act, as amended, c. 656, section 1, 68 Stat. 666
(1954), 16 U.S.C. 1001, hereinafter referred to as "the Watershed
Act".
(2) To have such powers as are necessary to satisfy such conditions for
federal assistance as are or may hereafter be required under the
Watershed Act or any regulations issued pursuant thereto by the United
States or any of its agencies charged with the administration thereof.
(3) To accept such grants of money and technical assistance as may be
offered by the United States or any of its agencies pursuant to the
Watershed Act.
(4) To borrow money from the United States or any of its agencies pursuant
to the provisions of the Watershed Act for such works of improvements
on such terms and conditions as may be permitted thereunder or any
regulations issued pursuant thereto, and to evidence such borrowing by
the issuance of such instruments as may be acceptable to the United
States or any of its agencies, any provision or limitation of any
public general or local law to the contrary notwithstanding.
(5) To borrow money from private lending institutions and to evidence such
borrowing by the issuance of instruments generally in accordance with
Article 31 of this Code or the charter provisions or applicable local
laws of the county.
(ee) (1) The Talbot County Commissioners shall regulate the retail sale of
alcoholic beverages within Talbot County.
(2) Any law enacted by the Talbot County Commissioners pursuant to this
section shall prevail over any provision of the Code of Public General
Laws of Maryland regulating the retail sale of alcoholic beverages.
However, unless and until the Talbot County Commissioners enact a law
which is contrary to a provision of the Code of Public General Laws
regulating the retail sale of alcoholic beverages, the provisions of
the Code of Public General Laws shall remain in effect.
(ff) The County Commissioners of Caroline County may provide the State's
Attorney for Caroline County with funds in the amount they deem
suitable for any special investigations or cases.
(gg) Repealed.
(hh) In St. Mary's and Charles counties, to regulate, by ordinance,
consumption of alcoholic beverages on public property. For the purpose
of this subsection, public property includes buildings, grounds,
streets, highways, alleys, sidewalks, and other structures or roads
located in or on land in St. Mary's or Charles County which is owned
by St. Mary's or Charles County, by the boards of education of St.
Mary's and Charles counties, or by the State.
(ii) The County Commissioners of Queen Anne's County shall have the power
to adopt, amend and to enforce a comprehensive animal control
ordinance.
(jj) The County Commissioners of Frederick County may regulate the smoking
of tobacco products by designating smoking and no smoking areas in
public buildings owned, controlled, or financed by the State of
Maryland in Frederick County.
(kk) All political subdivisions, including the counties excepted in
subsection (a) of this section, may make use of federal or State
financial assistance available for commercial or industrial
redevelopment projects, for the purpose of making grants, loans, or
guaranteeing loans to private entities; provided, that the authority
granted by this subsection may be used only for commercial or
industrial redevelopment projects and may not be used for residential
or housing projects.
(ll) (1) (i) In this section, "check" has the meaning stated in § 8-101 of the
Criminal Law Article.
(ii) For purposes of this section, determination of insufficient funds is
governed by § 8-102 of the Criminal Law Article.
(2) In Washington County, the County Commissioners may levy a fee for each
check that is presented in payment of any obligation to Washington
County and is dishonored due to insufficient funds.
(3) The County Commissioners shall determine the amount of this fee.
(mm) (1) To enact laws or regulations designed to prevent conflicts between the
private interests and public duties of any county officers or
employees, including the county commissioners, and to govern the
conduct and actions of all such county officers and employees in the
performance of their public duties, and to provide for penalties,
including fines, forfeitures, imprisonment, and removal from office for
violation of any such laws or regulations.
(2) This subsection applies to the county commissioners of each county,
including those otherwise exempted by subsection (a)(2) of this
section.
(nn) The County Commissioners of Frederick, Garrett, and Washington counties
may adopt ordinances or resolutions providing for the licensure of
persons engaging in weather modification and requiring the reporting of
any activity performed with the intention of producing artificial
changes in the composition, behavior, or dynamics of the atmosphere as
defined in the National Weather Modification Policy Act of 1976, 15
U.S.C. § 330 et seq.
(oo) (1) In accordance with the provisions of this subsection, to establish a
commercial district management authority for any commercial district
within its geographical limits.
(i) As to each authority it establishes, the county commissioners shall:
1. Specify the membership, organization, jurisdiction, and geographical
limits of the authority;
2. Specify one or more of the following as the purposes of the authority:
A. Promotion;
B. Marketing; and
C. The provision of security, maintenance, or amenities within the
district; and
3. Provide such financing as it deems appropriate for the authority
through fees which may be charged to, or taxes which may be levied
against, businesses subject to the authority's jurisdiction.
(ii) An authority established pursuant to this subsection may not:
1. Exercise the power of eminent domain;
2. Purchase, sell, construct, or, as a landlord, lease office or retail
space; or
3. Except as otherwise authorized by law, otherwise engage in competition
with the private sector.
(iii) Any fees or taxes imposed under this subsection shall be used only for
the purposes stated in this subsection and may not revert to the
general fund of the county.
(iv) The county commissioners may establish an authority pursuant to this
subsection as a special taxing district.
(2) This subsection applies to the county commissioners of each county,
including those otherwise exempted by subsection (a)(2) of this
section.
(pp) (1) The Board of County Commissioners of Calvert County may establish a
separate fully funded pension plan for the Calvert County Sheriff's
department. The plan may provide for participation by:
(i) Each deputy sheriff who is actively engaged in law enforcement;
(ii) The county jail administrator; and
(iii) Correctional officers assigned to the county jail.
(2) Any plan established by the Board of County Commissioners under this
section shall include provisions regarding:
(i) Retirement age eligibility;
(ii) Retirement based on years of active service, regardless of age;
(iii) Early retirement eligibility;
(iv) Disability retirement;
(v) Death benefits for a spouse or children;
(vi) Cost-of-living adjustments; and
(vii) Cash refund of contributions for participants terminating their
employment.
(3) (i) Subject to the provisions of subparagraph (ii) of this paragraph, the
Board of County Commissioners shall determine the effective date for
any plan that it establishes.
(ii) The effective date of any plan established by the Board of County
Commissioners shall conform to the provisions of Title 31, Subtitle 3
of the State Personnel and Pensions Article that concern the withdrawal
by a county, municipal corporation, or other political subdivision of
the State from the Employees' Retirement System of the State of
Maryland and the Employees' Pension System of the State of Maryland
and the transfer to a local retirement or pension system.
(4) (i) Any pension plan established by the Board of County Commissioners of
Calvert County under this section may not be applied to any person
whose term of office ended prior to January 1, 1971, if that person is
eligible to receive a pension under § 2-309(f)(3) of the Courts and
Judicial Proceedings Article.
(ii) Any person who elects to participate in a pension plan established by
the Board of County Commissioners under this section is not eligible to
receive pension benefits under § 2-309(f)(3) of the Courts and
Judicial Proceedings Article.
(qq) In accordance with § 21-1119 of the Transportation Article, the
County Commissioners of Garrett County may:
(1) Designate a county road within the county to be an "emergency snow
route";
(2) Regulate travel upon such emergency snow route;
(3) Provide for method of declaring a snow emergency;
(4) Prohibit the parking or abandoning of a vehicle on an emergency snow
route during a snow emergency; and
(5) Authorize the removal of a vehicle parked or abandoned on an emergency
snow route during a snow emergency.
(rr) (1) In this subsection, "government organization" includes:
(i) A county;
(ii) A board of education;
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