Tyma v. Montgomery County6/14/2002
promising the support of local legislation in which a particular member might be peculiarly interested."
Sections 1 and 1A of Article XI-A empower Baltimore City and the counties in Maryland to adopt a charter form of local government. Section 2 requires the General Assembly to provide a grant of express powers for charter home rule counties. Section 3 empowers any county adopting a charter form of government, " rom and after the adoption of a charter," to enact local laws upon all matters covered by the express powers the General assembly was authorized to grant, "except that in the case of any conflict between said local law and any General Public Law now or hereafter enacted the General Public Law shall control."
Md. Ann. Code, Art. 25A (1957, 1985 Repl. Vol., 2001 Supp.), the "Express Powers Act," was the legislative response, given by Ch. 456 of the Laws of Maryland of 1918, to the directive contained in ยง 2 of Article XI-A. Section 5(S) of the Express Powers Act further limits a home rule county's ability to legislate. It provides, in relevant part:
"The foregoing or other enumeration of powers shall not be held to limit the power of the county council ... to pass all ordinances, resolutions or bylaws, not inconsistent with the provisions of this article or the laws of the State, as may be proper in executing and enforcing any of the powers enumerated in this section or elsewhere in this article, as well as such ordinances as may be deemed expedient in maintaining the peace, good government, health and welfare of the county.
"Provided, that the powers herein granted shall only be exercised to the extent that the same are not provided for by Public General Law; provided, however, that no power to legislate shall be given with reference to licensing, regulating, prohibiting or submitting to local option, the manufacture or sale of malt or spirituous liquors."
This Court commented on the effect of these various provisions in Montgomery Citizens League v. Greenhalgh, 253 Md. 151, 160, 252 A.2d 242, 246 (1969), in which we considered whether the legislative powers delegated to the Montgomery County Council included the power to pass a fair housing law. Id. at 155, 252 A.2d at 243. We said:
"The Council, having been given `full' legislative power as specified by Art. XI-A, is also given statutory power to pass `all' ordinances it deems expedient under the police power and the only limit on its powers is stated to be that such an ordinance cannot be inconsistent with the provisions of Art. 25A or the laws of the State, and the further provisos `that the powers herein granted shall only be exercised to the extent that the same are not provided for by public general law' and that `no power to legislate shall be given with reference to licensing, regulating, prohibiting or submitting to local option, the manufacture or sale of malt or spirituous liquors.'"
Therefore, counties enjoy full legislative power as specified by Art. XI-A and statutory power to pass all ordinances they deem expedient under the police power, limited only by the provisions of Art. 25A, the laws of the State, and the admonishment that such power "shall only be exercised to the extent that the same are not provided for by public general law." We concluded that the county could enact a fair housing law.
"The classification of a particular statute as general or local is based on subject matter and substance and not merely on form." Cole v. Secretary of State, 249 Md. 425, 433, 240 A.2d 272, 277 (1968), citing Ness v. Supervisors of Elections of Baltimore City, 162 Md. 529, 536, 160 A. 8, 11 (1932) and State v. Stewart, supra, 152 Md. at 425, 137
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