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2000 Presidential Election - Full Text of State Enactments Referred to Referendum

Explanation:

CAPITALS indicate matter added to existing law. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendments. Italics indicate opposite chamber/conference committee amendments.

CHAPTER 119
(Senate Bill 510)

QUESTION NUMBER 1

AN ACT concerning
Cecil County - Election and Terms of Office for County Officers the Board of County Commissioners

FOR the purpose of proposing an amendment to the Constitution of Maryland to exclude certain county officers of the Board of County Commissioners for Cecil County from certain requirements that county elections be conducted on a certain quadrennial basis and that certain terms of office of certain county officers and certain officers appointed by the Board of County Commissioners be for a certain term; submitting this amendment to the qualified voters of the State of Maryland for their adoption or rejection; and generally relating to certain requirements for quadrennial elections and certain terms of office of certain county officers of the Board of County Commissioners for Cecil County.

BY repealing and reenacting, without amendment sections of the Constitution of Maryland

Article XVII - Quadrennial Elections
Section 1, 2, 3, and 5

BY proposing an amendment to the Constitution of Maryland

Article XVII - Quadrennial Elections
Section 7

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, (Three-fifths of all the members elected to each of the two Houses concurring), That it be proposed that the Constitution of Maryland read as follows:

Article XVII - Quadrennial Elections

  • 1.
    The purpose of this Article is to reduce the number of elections by providing that all State and county elections shall be held only in every fourth year, and at the time provided by law for holding congressional elections, and to bring the terms of appointive officers into harmony with the changes effected in the time of the beginning of the terms of elective officers. The administrative and judicial officers of the State shall construe the provisions of this Article so as to effectuate that purpose. For the purpose of this Article only the word "officers" shall be construed to include those holding positions and other places of employment in the state and county governments whose terms are fixed by law, but it shall not include any appointments made by the Board of Public Works, nor appointments by the Governor for terms of three years.
  • 2.
    Except for a special election that may be authorized to fill a vacancy in a County Council under Article XI-A, Section 3 of the Constitution, elections by qualified voters for State and county officers shall be held on the Tuesday next after the first Monday of November, in the year nineteen hundred and twenty-six, and on the same day in every fourth year thereafter.
  • 3.
    All State and county officers elected by qualified voters (except judges of the Circuit Courts, judges of the Supreme Bench of Baltimore City, judges of the Court of Appeals and judges of any intermediate courts of appeal) shall hold office for terms of four years, and until their successors shall qualify.
  • 5.
    All officers to be appointed by the Governor shall hold office for the terms fixed by law. All officers appointed by County Commissioners shall hold office for terms of four years, unless otherwise duly changed by law.
  • 7.
    Sections 1, 2, 3, and 5 of this Article do not apply or refer to:
    1. members of any elective local board of education; or
    2. county officers of the Board of County Commissioners for Cecil County.

SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly determines that the amendment to the Constitution of Maryland proposed by this Act affects only one county and that the provisions of Article XIV, Section 1 of the Constitution concerning local approval of constitutional amendments apply.

SECTION 3. AND BE IT FURTHER ENACTED, That the aforegoing section proposed as an amendment to the Constitution of Maryland shall be submitted to the legal and qualified voters of this State at the next general election to be held in November, 2000 for their adoption or rejection in pursuance of directions contained in Article XIV of the Constitution of this State. At that general election, the vote on this proposed amendment to the Constitution shall be by ballot, and upon each ballot there shall be printed the words "For the Constitutional Amendments" and "Against the Constitutional Amendments," as now provided by law. Immediately after the election, all returns shall be made to the Governor of the vote for and against the proposed amendment, as directed by Article XIV of the Constitution, and further proceedings had in accordance with Article XIV.

Approved April 27, 1999.


CHAPTER 205
(Senate Bill 400)

QUESTION NUMBER 2

AN ACT concerning
Prince George's County - Eminent Domain - Immediate Taking of Private Property for Redevelopment

FOR the purpose of proposing an amendment to the Constitution of Maryland to authorize the County Council of Prince George's County to provide for the immediate taking of certain property situated in the County under certain circumstances; and submitting this amendment to the qualified voters of the State of Maryland for their adoption or rejection.

BY proposing an amendment to the Constitution of Maryland

Article III - Legislative Department
Section 40A

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, (Three-fifths of all the members elected to each of the two Houses concurring), That it be proposed that the Constitution of Maryland read as follows:

Article III - Legislative Department

40A.
The General Assembly shall enact no law authorizing private property to be taken for public use without just compensation, to be agreed upon between the parties, or awarded by a jury, being first paid or tendered to the party entitled to such compensation, but where such property is situated in Baltimore City and is desired by this State or by the Mayor and City Council of Baltimore, the General Assembly may provide that such property may be taken immediately upon payment therefor to the owner or owners thereof by the State or by the Mayor and City Council of Baltimore, or into court, such amount as the State or the Mayor and City Council of Baltimore, as the case may be, shall estimate to be the fair value of said property, provided such legislation also requires the payment of any further sum that may subsequently be added by a jury; and further provided that the authority and procedure for the immediate taking of property as it applies to the Mayor and City Council of Baltimore on June 1, 1961, shall remain in force and effect to and including June 1, 1963, and where such property is situated in Baltimore County and is desired by Baltimore County, Maryland, the County Council of Baltimore County, Maryland, may provide for the appointment of an appraiser or appraisers by a Court of Record to value such property and that upon payment of the amount of such evaluation, to the party entitled to compensation, or into Court, and securing the payment of any further sum that may be awarded by a jury, such property may be taken; and where such property is situated in Montgomery County and in the judgment of and upon a finding by the County Council of said County that there is immediate need therefor for right of way for County roads or streets, the County Council may provide that such property may be taken immediately upon payment therefor to the owner or owners thereof, or into court, such amount as a licensed real estate broker appointed by the County Council shall estimate to be the fair market value of such property, provided that the Council shall secure the payment of any further sum that may subsequently be awarded by a jury; AND WHERE THE PROPERTY IS SITUATED IN PRINCE GEORGE'S COUNTY BETWEEN THE SUITLAND FEDERAL CENTER AND SILVER HILL ROAD, AND WITHIN TWO OF THE FOLLOWING AREAS: A REVITALIZATION TAX DISTRICT, AN ENTERPRISE ZONE, OR A PRIORITY FUNDING AREA, AS THOSE AREAS ARE DEFINED BY THE GENERAL ASSEMBLY, AND IN THE JUDGMENT OF AND UPON A FINDING BY THE COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY THAT THERE IS AN IMMEDIATE NEED FOR THE PROPERTY FOR REDEVELOPMENT, THE COUNTY COUNCIL MAY PROVIDE THAT THE PROPERTY MAY BE TAKEN IMMEDIATELY AFTER THE COUNTY COUNCIL APPOINTS A REAL ESTATE APPRAISER LICENSED BY THE STATE TO APPRAISE THE PROPERTY TO DETERMINE THE FAIR MARKET VALUE OF THE PROPERTY, PAYS TO THE OWNER OR INTO COURT THE FAIR MARKET VALUE OF THE PROPERTY AS DETERMINED BY THE APPRAISER, AND ASSURES PAYMENT OF ANY ADDITIONAL AMOUNT THAT MAY BE SUBSEQUENTLY AWARDED BY A JURY, AND IF AN OWNER OCCUPANT OR TENANT IS DISPLACED BECAUSE OF THE EXERCISE OF EMINENT DOMAIN, REGARDLESS OF WHETHER THE DISPLACEMENT INVOLVES THE USE OF FEDERAL FINANCIAL ASSISTANCE, THE COUNTY SHALL ASSURE THAT THE OWNER OCCUPANT OR TENANT IS OFFERED, AT A MINIMUM, ASSISTANCE AND PAYMENTS TO THE EXTENT THAT THE OWNER OCCUPANT OR TENANT WOULD QUALIFY FOR ASSISTANCE AND PAYMENTS AS A DISPLACED PERSON UNDER THE FEDERAL UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970. In the various municipal corporations within Cecil County, where in the judgment of and upon a finding by the governing body of said municipal corporation that there is immediate need therefor for right of way for municipal roads, streets and extension of municipal water and sewage facilities, the governing body may provide that such property may be taken immediately upon payment therefor to the owner or owners thereof, or into court, such amount as a licensed real estate broker appointed by the particular governing body shall estimate to be a fair market value of such property, provided that the municipal corporation shall secure the payment of any further sum that subsequently may be awarded by a jury. This Section 40A shall not apply in Montgomery County or any of the various municipal corporations within Cecil County, if the property actually to be taken includes a building or buildings.

SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly determines that the amendment to the Constitution of Maryland proposed by this Act affects only Prince George's County and that the provisions of Article XIV, Section 1 of the Constitution concerning local approval of constitutional amendments apply.

SECTION 3. AND BE IT FURTHER ENACTED, That the aforegoing section proposed as an amendment to the Constitution of Maryland shall be submitted to the legal and qualified voters of this State at the next general election to be held in November, 2000 for their adoption or rejection in pursuance of directions contained in Article XIV of the Constitution of this State. At that general election, the vote on this proposed amendment to the Constitution shall be by ballot, and upon each ballot there shall be printed the words "For the Constitutional Amendments" and "Against the Constitutional Amendments," as now provided by law. Immediately after the election, all returns shall be made to the Governor of the vote for and against the proposed amendment, as directed by Article XIV of the Constitution, and further proceedings had in accordance with Article XIV.

Approved April 25, 2000.


CHAPTER 75
(Senate Bill 509)

For Baltimore County Only

QUESTION NUMBER 3

AN ACT concerning
Baltimore County - Neighborhood Renewal Authority

FOR the purpose of authorizing Baltimore County to undertake and carry out projects for residential, commercial, or industrial development and redevelopment; authorizing Baltimore County to exercise the power of eminent domain; limiting the power of Baltimore County to undertake certain renewal projects to certain geographic areas within the County; limiting the County's exercise of eminent domain to certain properties within the County; requiring the County to comply with certain procedures prior to exercising its power of eminent domain; repealing certain sections of the Baltimore County Code; public local laws; providing that the authority of the County to exercise the power of eminent domain under this Act shall terminate on a certain date under certain circumstances; prohibiting the County from taking possession of certain property under certain circumstances; prohibiting the County from selling certain property to a certain person unless a certain investment equals or exceeds a certain price; defining a certain term; requiring the County to provide certain compensation to certain persons under certain circumstances; requiring the County to submit a certain report by a certain date annually; making provisions of this Act severable; and generally relating to neighborhood renewal in Baltimore County.

BY repealing

The Public Local Laws of Baltimore County
Section 9-101 through 9-104 and the article "Article IV. Redevelopment and Revitalization"
Article 3 - Public Local Laws of Maryland
(1988 Edition and October 1999 Supplement, as amended)

BY adding to

The Public Local Laws of Baltimore County
Section 9-101 through 9-106 to be under the new article "Article IV. Neighborhood Renewal"
Article 3 - Public Local Laws of Maryland
(1988 Edition and October 1999 Supplement, as amended)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That Section(s) 9-101 through 9-104 and the article "Article IV. Redevelopment and Revitalization" of Article 3 - Baltimore County of the Code of Public Local Laws of Maryland be repealed.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read as follows:

Article 3 - Baltimore County

ARTICLE IV. NEIGHBORHOOD RENEWAL

9-101. THE GENERAL ASSEMBLY FINDS THAT:

  1. THERE EXISTS WITHIN BALTIMORE COUNTY, A NUMBER OF AREAS IN NEED OF RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL DEVELOPMENT OR REDEVELOPMENT IN FURTHERANCE OF THE PUBLIC INTEREST;
  2. THESE AREAS INCLUDE BOTH AREAS THAT ARE CONSIDERED SLUM OR BLIGHTED AREAS, AND AREAS THAT ARE NOT SUBJECT TO DETERIORATED OR DETERIORATING CONDITIONS, BUT WHICH ARE IN NEED OF DEVELOPMENT OR REDEVELOPMENT, FOR THE PUBLIC BENEFIT;
  3. DEVELOPMENT AND REDEVELOPMENT OF THESE AREAS FOR THE PUBLIC BENEFIT INCLUDE PURPOSES SUCH AS:
    1. THE DEVELOPMENT OF THE WATERFRONT LAND TO BE A DESTINATION FROM BOTH WATER AND LAND;
    2. THE ATTRACTION, DEVELOPMENT, AND ENHANCEMENT OF MARITIME AND RECREATIONAL BUSINESSES;
    3. THE DEVELOPMENT OR REDEVELOPMENT OF SINGLE FAMILY HOUSING IN OLDER, PREVIOUSLY DEVELOPED AREAS OF THE COUNTY;
    4. THE DEVELOPMENT OF SHOPPING AND RETAIL AREAS TO SUPPORT HOUSING IN THE AREA;
    5. THE ELIMINATION OF EXCESS OR UNDERPRODUCTIVE RETAIL SPACE;
    6. THE REDEVELOPMENT OF EXISTING RETAIL SPACE; AND
    7. THE DEVELOPMENT OF NEW EMPLOYMENT OPPORTUNITIES ON PREVIOUSLY DEVELOPED LAND;
  4. IN ORDER TO REVITALIZE THESE AREAS OF THE COUNTY, IT IS NECESSARY THAT THE COUNTY BE AUTHORIZED TO:
    1. ACQUIRE, BY ANY LEGAL MEANS, INCLUDING BY EXERCISE OF THE POWER OF EMINENT DOMAIN, LAND OR PROPERTY FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL DEVELOPMENT OR REDEVELOPMENT; AND
    2. SELL, LEASE, CONVEY, TRANSFER, OR DISPOSE OF LAND OR PROPERTY FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL DEVELOPMENT OR REDEVELOPMENT;
  5. THE REVITALIZATION OF AREAS WITHIN BALTIMORE COUNTY THAT ARE IN NEED OF RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL DEVELOPMENT OR REDEVELOPMENT:
    1. IS AN ESSENTIAL GOVERNMENTAL FUNCTION; AND
    2. IS A PUBLIC USE THAT WILL CONFER A PUBLIC BENEFIT ON THE CITIZENS OF THE COUNTY BY:
      1. ENCOURAGING THE INCREASE OF INDUSTRY AND COMMERCE AND A BALANCED ECONOMY;
      2. ASSISTING IN THE RETENTION OF EXISTING INDUSTRY AND COMMERCE AND IN THE ATTRACTION OF NEW INDUSTRY AND COMMERCE;
      3. PROMOTING ECONOMIC DEVELOPMENT AND GROWTH; AND
      4. GENERALLY PROMOTING THE HEALTH, WELFARE, AND SAFETY OF THE RESIDENTS OF THE COUNTY;
  6. THE ACQUISITION BY THE COUNTY OF LAND OR PROPERTY BY ANY METHOD PROVIDED FOR IN THIS ARTICLE IS NECESSARY FOR THE CONSOLIDATION OF PROPERTY IN ORDER TO DEVELOP AND REDEVELOP LAND OR PROPERTY FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL DEVELOPMENT FOR THE PUBLIC BENEFIT;
  7. THE EXERCISE BY THE COUNTY OF THE POWER OF EMINENT DOMAIN IN ACCORDANCE WITH THIS ARTICLE IS HEREBY DECLARED TO BE A PUBLIC PURPOSE OR PUBLIC USE;
  8. THE POWERS GRANTED BY THIS ARTICLE SHALL BE REGARDED AS SUPPLEMENTAL AND ADDITIONAL TO POWERS CONFERRED BY OTHER LAWS, AND MAY NOT BE REGARDED AS IN DEROGATION OF ANY OTHER EXISTING POWERS;
  9. THIS ARTICLE IS NECESSARY FOR THE REVITALIZATION AND RENEWAL OF BALTIMORE COUNTY AND IS IN THE PUBLIC INTEREST OF ITS CITIZENS;
  10. THIS ARTICLE SHALL BE LIBERALLY CONSTRUED TO CARRY OUT ITS PURPOSES; AND
  11. THE PROVISIONS OF THIS ACT ARE NECESSARY TO FURTHER THE PUBLIC INTEREST.

9-102.

  1. IN THIS ARTICLE THE FOLLOWING TERMS HAVE THE MEANINGS INDICATED.
  2. "COUNTY" MEANS BALTIMORE COUNTY.
  3. "LOCAL LAW" MEANS A LEGISLATIVE ACT OF THE BALTIMORE COUNTY COUNCIL.
  4. "RENEWAL AREAS" MEANS:
    1. THE ESSEX MIDDLE RIVER WATERFRONT RENEWAL AREA;
    2. THE YORKWAY RENEWAL AREA IN DUNDALK; AND
    3. THE LIBERTY ROAD RENEWAL AREA.

9-103.
THE POWER AND AUTHORITY CONFERRED ON BALTIMORE COUNTY BY THIS ARTICLE SHALL BE LIMITED TO THE FOLLOWING AREAS DESCRIBED IN THIS SECTION.

  1. THE ESSEX MIDDLE RIVER WATERFRONT RENEWAL AREA SHALL BE THE AREA BOUNDED BY A LINE STARTING AT THE INTERSECTION OF MARYLAND ROUTE 702 AND EASTERN BOULEVARD PROCEEDING NORTHEAST ALONG EASTERN BOULEVARD AND INCLUDE ALL PROPERTIES ALONG BOTH SIDES OF EASTERN BOULEVARD UNTIL TURNING NORTHWEST TO FOLLOW THE CENTER LINE OF BENNETT ROAD UNTIL TURNING EAST TO FOLLOW THE CENTER LINE OF MARLYN UNTIL TURNING NORTH TO FOLLOW THE CENTER LINE OF ORVILLE ROAD UNTIL TURNING NORTHEAST TO FOLLOW THE CONRAIL RIGHT OF WAY UNTIL TURNING SOUTHEAST ON A LINE THAT PASSES BETWEEN FENWAY AND OAKLAND AVENUE UNTIL REACHING THE HEADWATERS OF MIDDLE RIVER AND PROCEEDING DOWN THE MIDDLE OF MIDDLE RIVER UNTIL TURNING SOUTHWEST INTO HOPKINS CREEK AND PROCEEDING TO A POINT BETWEEN DARTFORD ROAD AND HOPEWELL AVENUE AND THEN PROCEEDING SOUTHWEST TO THE INTERSECTION OF BACKRIVER NECK ROAD AND HOMBERG AVENUE AND FOLLOWING THE CENTER LINE OF HOMBERG AVENUE UNTIL TURNING NORTHWEST TO FOLLOW THE CENTER LINE OF MARYLAND ROUTE 702 TO THE INTERSECTION OF MARYLAND ROUTE 702 AND EASTERN BOULEVARD;
  2. THE YORKWAY RENEWAL AREA IN DUNDALK SHALL BE THE AREA KNOWN AS THE YORKWAY APARTMENTS INCLUDING THE EVEN NUMBERED ADDRESSES FROM 76 YORKWAY THROUGH AND INCLUDING 86 YORKWAY, THE EVEN AND ODD ADDRESSES FROM 2500 YORKWAY THROUGH AND INCLUDING 2534 YORKWAY AND THE ODD ADDRESSES FROM 2601 YORKWAY THROUGH AND INCLUDING 2631 YORKWAY; AND
  3. THE LIBERTY ROAD RENEWAL AREA SHALL BE THE AREA BOUNDED BY A LINE STARTING AT THE INTERSECTION OF COURTLEIGH DRIVE AND LIBERTY ROAD AND PROCEEDING NORTHEAST ALONG THE CENTER LINE OF COURTLEIGH DRIVE AND THEN TURNING WEST TO FOLLOW THE CENTER LINE OF FIELDWAY DRIVE AND THEN TURNING WEST TO FOLLOW THE CENTER LINE OF CHURCH LANE AND THEN TURNING SOUTH TO FOLLOW THE CENTER LINE OF ANNE HATHAWAY DRIVE AND CROSSING LIBERTY ROAD AND CONTINUING ALONG THE NORTHWEST BOUNDARY OF PARCEL NUMBER 1255 AS KEPT IN THE LAND RECORDS OF THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION OF BALTIMORE COUNTY UNTIL MEETING THE CENTER LINE OF GREENS LANE AND THEN TO TURN SOUTHEAST TO FOLLOW THE CENTER LINE OF GREENS LANE AND THEN TO TURN EAST TO FOLLOW THE CENTER LINE OF OLD COURT ROAD AND THEN TO TURN SOUTHEAST TO FOLLOW CARLSON LANE AND SO AS TO INCLUDE ALL PROPERTIES ON BOTH SIDES OF CARLSON LANE IN THE AREA UNTIL TURNING NORTHEAST TO FOLLOW THE CENTER LINE OF STEVENSWOOD ROAD UNTIL TURNING NORTH TO FOLLOW THE CENTER LINE OF COURTLEIGH ROAD TO THE INTERSECTION OF COURTLEIGH ROAD AND LIBERTY ROAD.

9-104.

  1. NOTWITHSTANDING ANY OTHER PROVISION OF LOCAL LAW AND IN ADDITION TO POWERS GRANTED UNDER ARTICLE 25A, § 5 OF THE ANNOTATED CODE OF MARYLAND AND ANY ADDITIONAL POWERS CONFERRED BY OTHER LAWS, THE COUNTY IS AUTHORIZED TO:
    1. ACQUIRE, WITHIN THE BOUNDARY LINES OF THE RENEWAL AREAS, LAND AND PROPERTY AND ANY RIGHT, INTEREST, FRANCHISE, EASEMENT, OR PRIVILEGE IN THE PROPERTY, BY PURCHASE, LEASE, OR GIFT FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL DEVELOPMENT OR REDEVELOPMENT, INCLUDING THE COMPREHENSIVE RENOVATION OR REHABILITATION OF THE PROPERTY;
    2. ACQUIRE BY EXERCISING THE POWER OF EMINENT DOMAIN LAND AND PROPERTY DESCRIBED IN SUBSECTION (B) OF THIS SECTION, AND ANY RIGHT, INTEREST, FRANCHISE, EASEMENT, OR PRIVILEGE IN THE PROPERTY FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL DEVELOPMENT OR REDEVELOPMENT, INCLUDING THE COMPREHENSIVE RENOVATION OR REHABILITATION OF THE PROPERTY;
    3. DEVELOP OR REDEVELOP, WITHIN THE BOUNDARY LINES OF THE RENEWAL AREAS, LAND AND PROPERTY, ACQUIRED BY ANY OF THE METHODS PROVIDED IN THIS ARTICLE, FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL DEVELOPMENT OR REDEVELOPMENT, INCLUDING THE COMPREHENSIVE RENOVATION OR REHABILITATION OF THE PROPERTY; AND
    4. SELL, LEASE, CONVEY, TRANSFER, OR OTHERWISE DISPOSE OF THE LAND OR PROPERTY FOR ANY VALUE WITHIN THE BOUNDARY LINES OF THE RENEWAL AREAS REGARDLESS OF WHETHER THE LAND OR PROPERTY HAS BEEN DEVELOPED, REDEVELOPED, ALTERED, OR IMPROVED AND IRRESPECTIVE OF THE MANNER OR MEANS BY WHICH IT MAY HAVE BEEN ACQUIRED BY THE COUNTY, TO ANY PRIVATE, PUBLIC, OR QUASI-PUBLIC CORPORATION, PARTNERSHIP, ASSOCIATION, PERSON, OR OTHER LEGAL ENTITY FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL DEVELOPMENT OR REDEVELOPMENT, INCLUDING THE COMPREHENSIVE RENOVATION OR REHABILITATION OF THE PROPERTY.
  2. THE AUTHORITY OF THE COUNTY TO ACQUIRE LAND OR PROPERTY BY EXERCISING THE POWER OF EMINENT DOMAIN AS PROVIDED FOR IN SUBSECTION (A)(2) OF THIS SECTION SHALL BE LIMITED TO THE FOLLOWING PROPERTIES:
    1. IN THE ESSEX MIDDLE RIVER WATERFRONT RENEWAL AREA:
      1. 1601, 1603, 1605, 1607, 1609, 1611, 1613, 1615, 1617, 1619, 1621, 1623, 1625, 1627, 1629, 1631, 1633, 1635, 1637, 1639, 1641, 1643, 1645, 1647, 1649, 1651, 1653, 1655, 1657, 1659, 1661, 1663, 1665, 1667, 1669, 1671, 1673, 1675, 1677, 1679, 1681, 1683, 1652, 1654, 1656, 1658, 1660, 1662, 1664, 1666, AND 1668 ESSEXTOWNE CIRCLE;
      2. 43(MAP 90, BLOCK 22, PARCEL 1065), 45 (MAP 90, BLOCK 22, PARCEL 1065), 47 (MAP 90, BLOCK 22, PARCEL 1065), 49 (MAP 90, BLOCK 22, PARCEL 1065), 51 (MAP 90, BLOCK 22, PARCEL 1065), 53 (MAP 90, BLOCK 22, PARCEL 1065), 55 (MAP 90, BLOCK 22, PARCEL 1065), 57 (MAP 90, BLOCK 22, PARCEL 1065), 59 (MAP 90, BLOCK 22, PARCEL 1065), 61 (MAP 90, BLOCK 22, PARCEL 1065), 63 (MAP 90, BLOCK 22, PARCEL 1065), 65 (MAP 90, BLOCK 22, PARCEL 1065), 67 (MAP 90, BLOCK 22, PARCEL 1065), AND 69 (MAP 90, BLOCK 22, PARCEL 1065) STEMMERS RUN ROAD;
      3. 1527 (MAP 90, BLOCK 04, PARCEL 34), 1700 (MAP 90, BLOCK 22, PARCEL 715), 1700A (MAP 90, BLOCK 22, PARCEL 715), 1918 (MAP 90, BLOCK 17, PARCEL 1138), 1920 (MAP 90, BLOCK 17, PARCEL 1138), 1923 (MAP 90, BLOCK 17, PARCEL 31), 1925, 1927 (MAP 90, BLOCK 17, PARCEL 32), 1929 (MAP 90, BLOCK 17, PARCEL 1334), AND 1933 (MAP 90, BLOCK 17, PARCEL 774) OLD EASTERN AVENUE;
      4. 1600, 1601, 1602, 1603, 1604, 1605, 1606, 1607, 1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1616, 1617, 1618, 1619, 1620, 1621, 1622, 1623, 1624, 1625, 1626, 1627, 1628, 1629, 1630, 1631, 1632, 1633, 1635, 1637, 1639, 1641, AND 1643 DARTFORD ROAD;
      5. 100, 101, 102, 103, 104, 105, AND 106 KINGSLEY ROAD;
      6. 1601, 1602, 1603, 1604, 1605, 1606, 1607, 1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1616, 1617, 1618, 1619, 1620, 1621, 1622, 1623, 1624, 1625, 1626, 1627, 1628, 1629, 1630, 1631, 1632, 1633, AND 1634 GAIL ROAD;
      7. 101, 301, 302, 303, 304, 205 305, 307, 308, 309, 310, AND 311 PUNTE LANE AND MAP 90-PARCEL 90, PARCEL 23, PARCEL 1359, MAP 90-PARCEL 90, PARCEL LANE AND MAP 90, BLOCK 23, PARCEL 1359, AND MAP 90, BLOCK 23, PARCEL 661, AND MAP 90-PARCEL 391;
      8. 6, 100, 102, AND 200 MARS ROAD;
      9. 102 (MAP 90, BLOCK 17, PARCEL 604), 104 (MAP 90, BLOCK 17, PARCEL 604), 106 (MAP 90, BLOCK 17, PARCEL 604), 108 (MAP 90, BLOCK 17, PARCEL 604), 110 (MAP 90, BLOCK 17, PARCEL 604), 112 (MAP 90, BLOCK 17, PARCEL 604), AND 114 (MAP 90, BLOCK 17, PARCEL 604) ORVILLE ROAD;
      10. 1752 (MAP 90, BLOCK 22, PARCEL 78, LOTS 90 AND 91), 1754 (MAP 90, BLOCK 22, PARCEL 78, LOTS 90 AND 91), 1756 (MAP 90, BLOCK 22, PARCEL 78, LOTS 90 AND 91), 1758 (MAP 90, BLOCK 22, PARCEL 78, LOTS 90 AND 91), 1760 (MAP 90, BLOCK 22, PARCEL 78, LOT 89, SECTION 2), 1770 (MAP 90, BLOCK 22, PARCEL 78, LOTS 84, 85, AND 86), 1772 (MAP 90, BLOCK 22, PARCEL 78, LOTS 84, 85, AND 86), 1774 (MAP 90, BLOCK 22, PARCEL 78, LOTS 84, 85, AND 86), 1776 (MAP 90, BLOCK 22, PARCEL 78, LOTS 84, 85, AND 86), 1778 (MAP 90, BLOCK 22, PARCEL 78, LOTS 84, 85, AND 86), 1786 (MAP 90, BLOCK 22, PARCEL 78, LOTS 82 AND 83), 1789, 1800 (MAP 90, BLOCK 17, PARCEL 604), 1801 (MAP 90, BLOCK 17, PARCEL 605, LOT 52), 1817 (MAP 90, BLOCK 17, PARCEL 605, LOTS 10 AND 11), 1821 (MAP 90, BLOCK 17, PARCEL 605, LOT 9), 1823 (MAP 90, BLOCK 17, PARCEL 605, LOT 8) 1825 (MAP 90, BLOCK 17, PARCEL 605, LOT 7), 1827 (MAP 90, BLOCK 17, PARCEL 605, LOT 7), 1829 (MAP 90, BLOCK 17, PARCEL 605, LOT 5), 1831 (MAP 90, BLOCK 17, PARCEL 605, LOT 4), 1925 (MAP 90, BLOCK 17, PARCEL 1165 AND MAP 90, BLOCK 17, PARCEL 750), AND 1933 EASTERN BOULEVARD; AND
      11. 1800 AND 1814 EARHART ROAD; AND
    2. IN THE YORKWAY RENEWAL AREA IN DUNDALK:
      1. 76, 78, 80, 82, 84, AND 86 YORKWAY;
      2. 2500, 2502, 2504, 2506, 2508, 2510, 2512, 2514, 2516, 2518, 2520, 2522, 2524, 2526, 2528, 2530, 2532, AND 2534 YORKWAY;
      3. 2601, 2603, 2605, 2607, 2609, 2611, 2613, 2615, 2617, 2619, 2621, 2623, 2625, 2627, 2629, AND 2631 YORKWAY; AND
      4. 2501, 2503, 2505, 2507, 2509, 2511, 2513, 2515, 2517, 2519, 2521, 2523, 2525, 2527, 2529, 2531, AND 2533 YORKWAY; AND
    3. IN THE LIBERTY ROAD RENEWAL AREA:
      1. 8702, 8704, 8709, 8709 1/2, 8710, 8711, 8712, 8715, 8717, 8721, 8723, 8725, 8727, 8727A, AND 8737 LIBERTY ROAD;
      2. 3440, 3442, 3446, 3510, 3516, 3520, 3522, 3524, 3526, 3534, 3535, 3536, 3537, 3539, 3538, 3540, 3541, AND 3605 BRENBROOK DRIVE;
      3. 3501, 3503, 3505, 3507, 3509, AND 3511 FOXCLIFF COURT;
      4. 3501, 3503, 3505, AND 3507 BEAGLE LANE; AND
      5. 8500, 8501, 8502 8503, 8505, 8507, 8509, AND 8511 GLENN MICHAEL LANE.
  3. THE AUTHORITY OF THE COUNTY TO EXERCISE THE POWER OF EMINENT DOMAIN AS PROVIDED FOR IN THIS ARTICLE SHALL TERMINATE ON JULY 1, 2007, EXCEPT FOR THOSE PROPERTIES WHERE:
    1. THE COUNTY COUNCIL HAS APPROVED, BEFORE JULY 1, 2007, THE PURCHASE OF THE PROPERTY BY AN AGREED SALE; OR
    2. THE COUNTY HAS FILED A PETITION FOR CONDEMNATION, BEFORE JULY 1, 2007, IN THE CIRCUIT COURT FOR BALTIMORE COUNTY.
  4. THE COUNTY MAY NOT TAKE POSSESSION OF ANY PROPERTY LISTED IN SUBSECTION (B) OF THIS SECTION AS PROVIDED FOR IN ARTICLE III, § 40A OF THE MARYLAND CONSTITUTION PRIOR TO AN AGREED SALE OR ENTRY OF A JUDGMENT OF INQUISITION IN A CONDEMNATION ACTION.
  5. (C) ALL LAND OR PROPERTY ACQUIRED BY EMINENT DOMAIN UNDER THIS SECTION:
    • (1) MAY NOT BE TAKEN WITHOUT JUST COMPENSATION; AND
    • (2) MAY NOT BE USED FOR THE DEVELOPMENT OF MULTIFAMILY HOUSING AS DEFINED IN THE BALTIMORE COUNTY ZONING REGULATIONS.
    1. IN THIS SUBSECTION, "CAPITAL INVESTMENT" MEANS ACQUISITION PRICE AND THE COST OF IMPROVEMENTS.
    2. ALL LAND OR PROPERTY ACQUIRED BY EMINENT DOMAIN UNDER THIS SECTION MAY NOT BE SOLD, CONVEYED, OR TRANSFERRED TO A PRIVATE, PUBLIC, OR QUASI-PUBLIC CORPORATION, PARTNERSHIP, ASSOCIATION, PERSON, OR OTHER LEGAL ENTITY UNLESS THE PROPOSED CAPITAL INVESTMENT ON THE PROPERTIES OF THE PRIVATE, PUBLIC, OR QUASI-PUBLIC CORPORATION, PARTNERSHIP, ASSOCIATION, PERSON, OR OTHER LEGAL ENTITY EQUALS OR EXCEEDS THE PURCHASE PRICE PAID BY THE COUNTY FOR THE PROPERTY.
  7. (D)
    1. SUBJECT TO THE PROVISIONS OF PARAGRAPH (2) OF THIS SUBSECTION, THE COUNTY SHALL PROVIDE A DISPLACED PERSON, AS DEFINED IN § 12-201 OF THE REAL PROPERTY ARTICLE, WITH COMPENSATION INCLUDING RELOCATION COSTS AS REQUIRED IN TITLE 12, SUBTITLE 2 OF THE REAL PROPERTY ARTICLE OF THE MARYLAND ANNOTATED CODE.
    2. IF AN OWNER-OCCUPANT OR TENANT IS DISPLACED BECAUSE OF THE COUNTY'S EXERCISE OF EMINENT DOMAIN UNDER THIS SECTION, REGARDLESS OF WHETHER THE DISPLACEMENT INVOLVES THE USE OF FEDERAL FINANCIAL ASSISTANCE, THE COUNTY SHALL OFFER ASSISTANCE AND PAYMENTS TO THE OWNER-OCCUPANT OR TENANT THAT ARE AT LEAST EQUAL TO THE ASSISTANCE AND PAYMENTS THAT THE OWNER-OCCUPANT OR TENANT WOULD QUALIFY FOR AS A DISPLACED PERSON UNDER THE FEDERAL UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970.
  8. (D) (E) ALL LAND OR PROPERTY OWNED BY A FEDERAL, STATE, OR LOCAL GOVERNMENT, OR ANY AGENCY OF THE FEDERAL, STATE, OR LOCAL GOVERNMENT MAY NOT BE ACQUIRED BY EXERCISE OF THE POWER OF EMINENT DOMAIN WITHOUT THE PRIOR CONSENT OF THE FEDERAL, STATE, OR LOCAL GOVERNMENT OR AGENCY OWNING THE LAND OR PROPERTY.

9-105.
THE COUNTY MAY ADOPT REGULATIONS IN ACCORDANCE WITH TITLE 2, ARTICLE VIII OF THE BALTIMORE COUNTY CODE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.

9-106.
BEFORE EXERCISING THE POWER OF EMINENT DOMAIN PROVIDED FOR IN THIS ARTICLE, THE BALTIMORE COUNTY COUNCIL SHALL:

  1. ADOPT IMPLEMENTATION PLANS FOR EACH RENEWAL AREA IDENTIFYING THE RENEWAL GOALS FOR THAT AREA; AND
  2. PROVIDE FOR AN OPPORTUNITY FOR THE PUBLIC TO COMMENT ON EACH IMPLEMENTATION PLAN.

SECTION 3. AND BE IT FURTHER ENACTED, That the Baltimore County Administration shall submit a report in accordance with § 2-1246 of the State Government Article to the Baltimore County Senate and House Delegations on or before February 15 of each year on the implementation of this Act. The report shall include the number of properties that have been acquired or sought to be acquired are being sought for acquisition and the displaced persons that have been provided relocation assistance.

SECTION 3. 4. AND BE IT FURTHER ENACTED, That if any provision of this Act or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act which can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are declared severable.

SECTION 4. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 2000.

Approved April 25, 2000.


CHAPTER 111
(House Bill 201)

For Worcester County Only

QUESTION A

AN ACT concerning
Education - Worcester County Board of Education - Election of Members - Straw Poll

FOR the purpose of requiring that a question be placed on the ballot in Worcester County at the November general election of 2000 to determine the sense of the voters of the County on the issue of changing the method of selecting members of the Worcester County Board of Education; providing for the carrying out of the straw poll; and generally relating to the holding of a straw ballot in Worcester County.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That under the provisions of Article 33 - Election Code of the Annotated Code of Maryland, the Worcester County Board of Elections, in consultation with the State Board of Elections, shall prepare and include on the ballot for the November general election of 2000 the following question:

"Do you favor changing the method of selection of the members of the Worcester County Board of Education from appointment by the Governor to election by the voters of Worcester County?"

SECTION 2. AND BE IT FURTHER ENACTED, That the Worcester County Board of Elections and the Board of County Commissioners of Worcester County shall do those things necessary and proper to place this question on the ballot prepared for the November general election of 2000, so that each participating voter in the County may have the opportunity to cast a vote on the question. The question shall be proposed, presented, tallied, and reported in general accordance with the provisions of Article 33 of the Annotated Code. The vote on this question is advisory only.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 2000.

Approved April 25, 2000.


CHAPTER 163
(House Bill 1049)

For Cecil County Only

QUESTION A

AN ACT concerning
Cecil County - Development Excise Tax

FOR the purpose of authorizing the Board of County Commissioners of Cecil County to impose, by law, a development excise tax; requiring the Board to advertise and hold a public hearing before passing a local law imposing the tax or altering the amount of the tax; requiring that the tax be imposed on a certain basis and be paid at a certain time; limiting the amount of the tax that may be imposed; requiring that the tax be deposited in a certain account which may be used only for certain purposes and subject to certain procedural requirements; submitting this Act to a referendum of the legally qualified voters of Cecil County; defining a certain term; and generally relating to authorization for a development excise tax in Cecil County.

BY adding to

The Public Local Laws of Cecil County
Section 34-16
Article 8 - Public Local Laws of Maryland
(1989 Edition and November 1999 Supplement, as amended)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:

Article 8 - Cecil County

34-16.

  1. IN THIS SECTION, "RESIDENTIAL UNIT" INCLUDES:
    1. A HOUSE;
    2. AN APARTMENT;
    3. A RESIDENTIAL CONDOMINIUM;
    4. A MOBILE HOME; AND
    5. ANY OTHER STRUCTURE USED PRIMARILY AS A DWELLING.
  2. (A)
    1. THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY MAY IMPOSE, BY LAW, A DEVELOPMENT EXCISE TAX WHEN A SUBDIVISION LOT IS INITIALLY SOLD OR TRANSFERRED FOR FINANCING, IN WHOLE OR IN PART, THE CAPITAL COSTS OF ADDITIONAL OR EXPANDED PUBLIC FACILITIES OR IMPROVEMENTS IN THE COUNTY.
      1. BEFORE PASSING A LOCAL LAW IMPOSING A DEVELOPMENT EXCISE TAX OR ALTERING THE AMOUNT OF THE TAX, THE BOARD SHALL HOLD A PUBLIC HEARING.
      2. NOTICE OF THE HEARING SHALL BE PUBLISHED IN AT LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN CECIL COUNTY NOT LESS THAN 3 OR MORE THAN 14 DAYS BEFORE THE HEARING.
      3. THE NOTICE SHALL STATE THE SUBJECT OF THE HEARING AND THE TIME AND PLACE THAT THE HEARING WILL OCCUR
  3. (B) A DEVELOPMENT EXCISE TAX IMPOSED UNDER THIS SECTION:
    1. SHALL BE:
      1. IMPOSED ON A COUNTY-WIDE BASIS, INCLUDING WITHIN MUNICIPAL CORPORATIONS IN THE COUNTY, BASED ON A RATE PER SQUARE FOOT OF DEVELOPMENT ON ALL NEW RESIDENTIAL UNITS; AND
      2. PAID AT THE TIME A BUILDING PERMIT IS ISSUED FOR THE DEVELOPMENT OF PROPERTY ANY NEW RESIDENTIAL UNIT; AND
    2. MAY NOT EXCEED $3,500 PER LOT RESIDENTIAL UNIT.
  4. (C) THE BOARD SHALL ENTER INTO AGREEMENTS WITH MUNICIPAL CORPORATIONS IN CECIL COUNTY THAT ISSUE BUILDING PERMITS FOR COLLECTION OF THE DEVELOPMENT EXCISE TAX FOR DEVELOPMENT WITHIN THE MUNICIPAL CORPORATIONS.
  5. (D)
    1. THE BOARD OF COUNTY COMMISSIONERS SHALL DEPOSIT THE REVENUE FROM THE DEVELOPMENT EXCISE TAX IN A SPECIAL ACCOUNT KNOWN AS THE "PUBLIC CAPITAL FACILITIES IMPROVEMENT FUND".
    2. MONEY IN THE PUBLIC CAPITAL FACILITIES IMPROVEMENT FUND MAY ONLY BE USED, AS SPECIFICALLY AUTHORIZED BY A RESOLUTION AFTER A PUBLIC SESSION OF THE BOARD, TO PAY FOR CAPITAL PROJECTS, OR FOR DEBT INCURRED FOR CAPITAL PROJECTS, FOR ADDITIONAL OR EXPANDED PUBLIC FACILITIES OR IMPROVEMENTS.

SECTION 2. AND BE IT FURTHER ENACTED, That before this Act becomes effective it shall first be submitted to a referendum of the legally qualified voters of Cecil County at the general election to be held in November of 2000. The cost of the special election, if any, shall be paid by the County governing body. The County governing body and the Board of Supervisors of Elections of Cecil County shall do those things necessary and proper to provide for and hold the referendum required by this section. If a majority of the votes cast on the question are "For the referred law" the provisions of this Act shall become effective on the 30th day following the official canvass of votes for the referendum, but if a majority of the votes cast on the question are "Against the referred law" the provisions of this Act are of no effect and null and void.

SECTION 3. AND BE IT FURTHER ENACTED, That, subject to the provisions of Section 2 of this Act and for the sole purpose of providing for the referendum required by Section 2, this Act shall take effect October 1, 2000 July 1, 2000.

Approved April 25, 2000.


CHAPTER 194
(House Bill 1390)

For Queen Anne's County Only

QUESTIONS A and B

AN ACT concerning
Queen Anne's County - Board of County Commissioners - Election and Number of Commissioners - Straw Poll

FOR the purpose of requiring that certain questions be placed on the ballot in Queen Anne's County at the November general election of 2000 to determine the sense of the voters of the County on whether to elect commissioners to the Board of County Commissioners for Queen Anne's County from any area of the county or from designated districts in the county and whether to alter the number of commissioners of the Board of County Commissioners for Queen Anne's County; providing for the carrying out of the straw poll; and generally relating to the holding of a straw ballot in Queen Anne's County.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That, under the provisions of Article 33 - Election Code of the Annotated Code of Maryland, the Queen Anne's County Board of Elections, in consultation with the State Board of Elections, shall prepare and include on the ballot for the November general election of 2000 the following questions:

"Board of County Commissioners - Election of County Commissioners Who Reside in Designated Districts

Do you favor altering the method of election of commissioners to the Board of County Commissioners for Queen Anne's County from the current system where the voters of the entire county elect commissioners who reside in any area of Queen Anne's County to a system where the voters of the entire county elect commissioners who reside in designated districts in Queen Anne's County?"

"Board of County Commissioners - Number of Commissioners

Do you favor altering the number of commissioners of the Board of County Commissioners for Queen Anne's County from 3 commissioners to 5 commissioners?"

SECTION 2. AND BE IT FURTHER ENACTED, That the Queen Anne's County Board of Elections and the Queen Anne's County Board of County Commissioners shall do those things necessary and proper to place each question on the ballot prepared for the November general election of 2000, so that each participating voter in the County may have the opportunity to cast a vote on each question. Each question shall be proposed, presented, tallied, and reported in general accordance with the provisions of Article 33 of the Annotated Code of Maryland. The vote on each question is advisory only.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 2000.

Approved April 25, 2000.


CHAPTER 202
(House Bill 1437)

For Somerset County Only

QUESTION A

AN ACT concerning
Somerset County - Consolidated Public High Schools School - Straw Poll

FOR the purpose of requiring that a certain questions question be placed on the ballot in Somerset County at the November general election of 2000 to determine the sense of the voters of the County on whether to consolidate the high schools in Somerset County; providing for the carrying out of the straw poll; and generally relating to the holding of a straw ballot in Somerset County.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That, under the provisions of Article 33 - Election Code of the Annotated Code of Maryland, the Somerset County Board of Elections, in consultation with the State Board of Elections, shall prepare and include on the ballot for the November general election of 2000 the following questions question:

"Somerset County High Schools - Consolidation

Do you favor a proposal for a consolidated public high school?"

"Somerset County High Schools - No Consolidation

Are you against a proposal for a consolidated high school?"

SECTION 2. AND BE IT FURTHER ENACTED, That the Somerset County Board of Elections and the Somerset County Board of County Commissioners shall do those things necessary and proper to place each this question on the ballot prepared for the November general election of 2000, so that each participating voter in the County may have the opportunity to cast a vote on each question "FOR" or "AGAINST" a consolidated public high school in the county. Each question shall be proposed, presented, tallied, and reported in general accordance with the provisions of Article 33 of the Annotated Code of Maryland. The vote on each question is advisory only.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 2000.

Approved April 25, 2000.


Ballot Questions and Summaries

EXECUTIVE DEPARTMENT
ANNAPOLIS, MARYLAND
PROCLAMATION OF THE GOVERNOR OF MARYLAND DIRECTING THE PUBLICATION OF BALLOT QUESTION TITLES AND BILL SUMMARIES

WHEREAS, at its regular session of 1999, the General Assembly enacted Chapter 119; and

WHEREAS, at its regular session of 2000, the General Assembly enacted Chapters 205, 75, 111, 163, 194 and 202; and

WHEREAS, it is the duty of the Governor, under the State Constitution and Article 33 of the Annotated Code of Maryland to order the publication of the ballot question titles and bill summaries of these Acts of the General Assembly; and

WHEREAS, the publication of the ballot question titles and bill summaries must take place for three weeks immediately preceding the General Election of November 7, 2000; and

WHEREAS, there will be presented on the ballot at that election the following questions for adoption or rejection by the voters:


CHAPTER 119
(Senate Bill 510)

QUESTION NUMBER 1

Constitutional Amendment
Cecil County - Election and Terms of Office for the Board of County Commissioners

Excepts the Board of County Commissioners of Cecil County from the constitutional requirements that all State and county elections be held only in every fourth year on a particular date and that all State and county officers hold four-year terms, in order to allow staggered terms with elections held every second year.

Summary

Amends Section 7 of Article XVII (Quadrennial Elections) of the Constitution of Maryland to exempt all of the members of the Board of County Commissioners of Cecil County from the requirement that county officers who are elected by the voters of the County must run for election or reelection at the same election every four years. The adoption of this constitutional amendment would allow the General Assembly of Maryland to provide for the election of the five Cecil County commissioners to provide that their terms of office are staggered so that the terms do not all begin at the same time.


CHAPTER 205
(Senate Bill 400)

QUESTION NUMBER 2

Constitutional Amendment
Prince George's County - Property for Redevelopment Purposes

Expressly authorizes the Prince George's County Council to take property immediately upon a finding of immediate need for redevelopment purposes; designates properties eligible for taking as those located between Suitland Federal Center and Silver Hill Road that are also within any two certain designated areas (a revitalization tax district, an enterprise zone, or a priority funding area); requires the Council to pay at the time of taking the appraised fair market value and also to pay any additional amount later awarded by a jury; and requires the Council to offer financial assistance and payments to displaced owners or tenants.

Summary

Amends Section 40A (Eminent Domain) of Article III of the Constitution of Maryland to allow the Prince George's County Council to provide for the immediate "taking" (that is, acquisition) of property by Prince George's County that is located both in the County between the Suitland Federal Center and Silver Hill Road and within two of the following three areas: a revitalization tax district, an enterprise zone, or a priority funding area, but only after the Prince George's County Council:

  1. has made a judgment and a finding that there is an immediate need for the property for redevelopment purposes;
  2. has appointed a real estate appraiser licensed by the State of Maryland to appraise the property to determine its fair market value;
  3. has paid to the owner of the property or into court the fair market value of the property as determined by the appraiser and has assured payment of any additional amount of money that may be later awarded by a jury; and
  4. has promised to the owner-occupant or tenant of the property who is displaced by the County's "taking" of that property to offer, at the very least, assistance and payments for which the owner-occupant or tenant would qualify as a displaced person under the federal law.


CHAPTER 75
(Senate Bill 509)

For Baltimore County Only

QUESTION NUMBER 3

Countywide Referendum
Baltimore County - Neighborhood Renewal Authority

Expressly authorizes Baltimore County to acquire and develop or dispose of property within certain described areas (Essex Middle River Waterfront area, the Yorkway area in Dundalk, and the Liberty Road area) for declared public neighborhood renewal purposes by amending a public local law; designates specific properties eligible for acquisition by eminent domain following the adoption of an implementation plan; requires the County to pay the owner just compensation for property acquired by eminent domain and to offer financial assistance and payments to displaced property owners or tenants; authorizes the County to sell properties acquired by eminent domain only if investment in the property equals or exceeds the purchase price paid by the County; and terminates the granted eminent domain powers on July 1, 2007.

Summary

Petitioned to a referendum of the voters of Baltimore County for their approval or rejection in accordance with Article XVI - The Referendum - of the Constitution of the State of Maryland

Repeals four sections from and adds six sections to the Code of Public Local Laws of Baltimore County to allow the County to:

  1. acquire, by purchase, lease, or gift, land and property within the boundary lines of the Essex-Middle River Waterfront, the Yorkway, and the Liberty Road renewal areas in the County, as set forth in the legislative enactment, for the purpose of residential, commercial, or industrial development or redevelopment of that property;
  2. acquire, by using the power of eminent domain (that is, the right of a government to "take" private land and property for public use, provided that just compensation is paid to the owner of the property), land and properties in the three renewal areas that are listed in the enactment by street address or by map, block, and parcel number for the purpose of residential, commercial, or industrial development or redevelopment;
  3. develop or redevelop land and property in the three renewal areas for residential, commercial, or industrial purposes; and
  4. sell, lease, convey, or transfer, for any value, to any private or public corporation, partnership, association, or other legal entity, land or properties in the three renewal areas that are acquired by Baltimore County under the authority of the legislative enactment, for residential, commercial, or industrial development or redevelopment.

The following restrictions or conditions are also imposed on Baltimore County by the legislative enactment:

  1. Before acquiring listed properties by eminent domain, the Baltimore County Council must adopt plans on how it will carry out the acquisition and development or redevelopment of the properties and must allow an opportunity for public comment on the plans;
  2. The County must provide compensation, including relocation costs, to a displaced person in accordance with State real property law, except that if a property owner-occupant or tenant is displaced because of the County's exercise of eminent domain under the legislative act, the County must offer assistance and payments for which the owner-occupant or tenant would qualify as a displaced person under federal law;
  3. The County cannot sell or dispose of property it acquires by eminent domain under the legislative enactment unless the proposed capital investment (that is, the acquisition price, plus the cost of improvements) equals or exceeds the price paid by the County for the property; and
  4. The county administration is required to submit an annual report to the senators and delegates who represent Baltimore County in the General Assembly of Maryland on or before February 15 of each year on how the legislative act is being implemented, the number of properties that have been acquired and are being sought for acquisition, and the displaced persons who have been provided relocation assistance.

By the terms of the legislative enactment, the authority of Baltimore County to exercise the power of eminent domain under the enactment will terminate on July 1, 2007, except as to those properties which before July 1, 2007, Baltimore County has approved for purchase or by an agreed sale which the County has filed a petition to acquire by eminent domain.


CHAPTER 111
(House Bill 201)

For Worcester County Only

QUESTION A

Pursuant to Chapter 111 of the Acts of the 2000 General Assembly
Straw Vote - Method of Selecting School Board Members

Do you favor changing the method of selection of the members of the Worcester County Board of Education from appointment by the Governor to election by the voters of Worcester County?

Summary

Requires that a question be placed on the ballot in Worcester County at the November 2000 general election to determine the sense of the voters of the County on the issue of changing the method of selecting the members of the Worcester County Board of Education from the current method of appointment by the Governor with the advice and consent of the Senate of Maryland to election by the voters of Worcester County. The outcome of the vote is advisory only.


CHAPTER 163
(House Bill 1049)

For Cecil County Only

QUESTION A

Local Referendum
Development Excise Tax

Authorizes the Board of County Commissioners of Cecil County to impose a development excise tax on all new residential units, which are defined to include apartments, mobile homes, townhouses, single-family homes, and any other type of dwelling unit up to three thousand five hundred dollars ($3,500.00) per residential unit to fund capital projects of the County and the Board of Education, debt incurred for capital projects, and additional or expanded public facilities or improvements.

Summary

Adds Section 34-16 to the Code of Public Local Laws of Cecil County to authorize the County to impose by law a development excise tax on new residential units in order to provide funding for the construction of additional or expanded public facilities and other improvements in the County. Any tax imposed by the County under this enactment cannot exceed $3,500 for each new residential unit. A residential unit includes a house, an apartment, a residential condominium, a mobile home, and any other structure used primarily as a dwelling. The money collected by Cecil County from the tax imposed under the authority of this enactment must be deposited by the Board of County Commissioners into a special account. The money in the special account can only be used to pay, in whole or in part, for the costs of the additional or expanded public facilities or other improvements or to pay the debt for which the County becomes responsible if it borrows money to fund the additional or expanded public facilities or other improvements. Before Cecil County imposes or alters the tax authorized by this enactment, the Board of County Commissioners must:

  1. hold a public hearing on the proposed tax or alteration of the tax and publish notice of the time, date, and subject of the hearing;
  2. ensure that the development tax is imposed on a countywide basis, including within municipal corporations in the County; and
  3. require that the tax be paid at the time a building permit is issued for a new residential unit in Cecil County.


CHAPTER 194
(House Bill 1390)

For Queen Anne's County Only

QUESTIONS A and B

Question A
Question submitted by General Assembly

Board of County Commissioners - Election of County Commissioners Who Reside in Designated Districts

Do you favor altering the method of election of commissioners to the Board of County Commissioners for Queen Anne's County from the current system where the voters of the entire County elect commissioners who reside in any area of Queen Anne's County to a system where the voters of the entire County elect commissioners who reside in designated districts in Queen Anne's County?

Question B
Question submitted by General Assembly

Board of County Commissioners - Number of Commissioners

Do you favor altering the number of commissioners of the Board of County Commissioners for Queen Anne's County from 3 commissioners to 5 commissioners?

Summary

Requires two questions to be placed on the ballot in Queen Anne's County at the November 2000 general election to determine the sense of the voters on two issues. The first question is whether the voters from the entire County should continue to elect candidates for the Board of County Commissioners from any part of the County or should the voters from the entire County elect candidates who reside in designated districts. The second question relates to whether the membership of the Board of County Commissioners of Queen Anne's County should be increased from three to five members. The outcomes of the votes are advisory only.


CHAPTER 202
(House Bill 1437)

For Somerset County Only

QUESTION A
Straw Poll

Somerset County High School Consolidation

Are you for or against a proposal for a consolidated high school?

Summary

Requires that a question be placed on the ballot in Somerset County at the November 2000 general election to determine the sense of the voters on whether to consolidate the two public high schools in Somerset County - Crisfield High School and Washington High School. The outcome of the vote is advisory only.



NOW, THEREFORE, I, PARRIS N. GLENDENING, GOVERNOR OF MARYLAND, by virtue of the power and authority conferred upon me by the Constitution and Election Laws of Maryland, do by this proclamation ORDER that these ballot question titles and bill summaries be published in at least two newspapers in each county where so many may be published, and where not more than one may be published, then in that newspaper, and in three newspapers published in Baltimore City, once a week for three weeks immediately preceding the General Election to be held on November 7, 2000, at which election these ballot questions shall be submitted, in the form prescribed by the General Assembly to the qualified voters of the State for adoption or rejection.

GIVEN Under my Hand and the Great Seal of the State of Maryland, at the City of Annapolis, this 21st day of August in the Year of Our Lord, Two Thousand.

Parris N. Glendening
By the Governor
John T. Willis
Secretary of State