Bill Summary – FastDemocracy

HB 1061
                       Department of Legislative Services
                              Maryland General Assembly
                                    2021 Session
                            FISCAL AND POLICY NOTE
                                    Enrolled
House Bill 1061              (Charles County Delegation)
Environment and Transportation                                          Judicial Proceedings
     Southern Maryland - Dwelling Registration and Inspection - Fees and Fines
This bill authorizes the county commissioners of a code home rule county of the Southern
Maryland class (i.e., Charles County) to (1) require a property owner of a dwelling unit or
a multifamily dwelling to register the dwelling with the county in order to offer units for
lease; (2) charge a fee on a property owner for registering a dwelling unit or a multifamily
dwelling with the county; (3) conduct inspections of a dwelling unit or a multifamily
dwelling that is registered with the county to enforce minimum property maintenance
standards; and (4) impose a fine on a property owner, as specified. The bill also authorizes
the county to adopt regulations relating to the registration of dwelling units or multifamily
dwellings.
                                     Fiscal Summary
State Effect: None.
Local Effect: The bill is authorizing in nature and does not directly affect Charles County
government finances. If Charles County decides to enact a dwelling registration
requirement, county expenditures and revenues could increase by a significant amount.
Small Business Effect: None.
                                         Analysis
Bill Summary: A “dwelling unit” means a building or part of a building that provides
living or sleeping facilities for one or more individuals. A “dwelling unit” includes a one or
two family dwelling.
The county commissioners may impose a fine on a property owner that (1) leases a unit in
a multifamily dwelling or a dwelling unit that is not registered with the county or (2) is in
violation of the inspection criteria established by the county.
Current Law: Per Section 9 of Article XI-F of the Maryland Constitution, a code home
rule county cannot levy any type of tax, license fee, franchise tax, or fee, which was not in
effect or authorized in the code county at the time it came under the provisions of the
Article, until an express authorization of the General Assembly has been enacted for this
purpose.
Forms of County Governments in Maryland
Maryland counties operate under three forms of government: commission; charter home
rule; and code home rule. Charles County is currently the only Southern Maryland county
with a code home rule form of government. Exhibit 1 shows the form of government for
each Maryland county.
                                        Exhibit 1
                        Forms of County Governments in Maryland
                  Charter               Commission         Code
                  Anne Arundel          Calvert            Allegany
                  Baltimore             Carroll            Caroline
                  Cecil                 Garrett            Charles
                  Dorchester            St. Mary’s         Kent
                  Frederick             Somerset           Queen Anne’s
                  Harford               Washington         Worcester
                  Howard
                  Montgomery
                  Prince George’s
                  Talbot
                  Wicomico
Source: Department of Legislative Services
Local Fiscal Effect: Charles County estimates that it may incur expenditures up to
$600,000 annually to process and inspect the registration of specified dwelling units and
multifamily dwellings in the county under the authorization provided by the bill. This
estimate includes the cost to hire two additional personnel (one inspector and one support
specialist), as well as additional contractual employees. The county intends to increase
HB 1061/ Page 2
revenues by a corresponding amount through the implementation of fees and fines
authorized under the bill to make the program self-supporting.
                             Additional Information
Prior Introductions: None.
Designated Cross File: SB 832 (Charles County Senators) - Judicial Proceedings.
Information Source(s): Charles County; Department of Legislative Services
Fiscal Note History:    First Reader - March 1, 2021
rh/tso                  Third Reader - March 26, 2021
                               Revised - Amendment(s) - March 26, 2021
                        Enrolled - May 7, 2021
Analysis by: Arnold Adja                           Direct Inquiries to:
                                                   (410) 946-5510
                                                   (301) 970-5510
HB 1061/ Page 3
Statutes affected: 
Text - First - Southern Maryland – Multifamily Dwelling Registration – Fees and Fines: 12-203 Public Safety
Text - Third - Southern Maryland - Dwelling Registration and Inspection - Fees and Fines: 12-203 Public Safety
Text - Enrolled - Southern Maryland - Dwelling Registration and Inspection - Fees and Fines: 12-203 []